Mr. LANE, eflndiana. No, sir; nothing of the kind. The JtResolution was ordered to a 3rd reading, read the 3rd time, and passed. NATIONal MILITARY ASYLUM.
Mr. GRIMES. With the assent of the chair man of the ComMilAffrs, I move to amend the 5th section by striking out the words “or seamen" wherever they occur; the are to be found in the 4th, 8th, 10th, an 12th lines. The amendment was agreed to.
Mr. GRIMES. In section 8, line 5, I move to strike out the words “and seamen, ” and before “soldiers, ” in line 4, to insert Landll The amendment was agreed to.
Mr. GRIMES. I move to strike out the words “or Navy” in line 4 of section tea. The amendment was agreed to.
Skip Skip The bill was reported to the Senate as amended, and the amendments were concurred in.
Mr. WILSON. I understand that the Senfrom Iowa desiresto make a further amendment to the bill, so as to insure the exclusion from its operation of seamen in the naval service; and to give him an opportunit to prepare his amendment, I move that the further consideration of the bill be postponed tomorrow., The motion was agreed to. EXECUTIVE SESSION. Several executive messages were rqceived from the POTUS, by Mr. W. G. MOORE his Secretary. On motion by Mr. POMEROY, the Senate proceeded to the consideration of exeeative business, and after some time spent in executive session, the doors were reopened, and the senate adjourned.
###HOUSE OF REPRESENTATIVES. Moxnsv, January 15, 1866. The House met at 12 oclock m. Prayer by the Chaplain, Rev. C. B. Borsros. The Journal of Friday last was read and aproved. ommittees were called for reports to go upon the Calendar, and not to be brought back by a motion to reconsider; but no such reports were presented.
The SPEAKER stated the next business in order to be the call of States for resolutions, commencing with the State of Maine. TAX UPON BULLS OF VESSELS.
Mr. BLAINE submitted the following resolution; which was read, considered, and agreed to: Resolved, That the ComWays&Means be dirceted to inquire into the expediencyof repealing th; tdwo%. tax upon the bulls of vessels as auno e. CONDITION OF THE PRESIDENTS HOUSE.
Mr. RICE, of Maine, submitted the following resolution; which was read, considered, and agreed to: Resolved. That the ComPubBldgs and Grounds bo, and theyare hereby, instructed to examine and inquire into the condition of the Presidential Mansion as regards health and whether it is suitable, as to locality, size, and convenience, for the residenceof the President and family, and if not, iwtyh, ether groundsof properextent, in a properlocal manesaionnb; e procured upon which to erect asuitahle and that they report such estimates and recommendations touching the subject hereby referred to them as they may seefit. MILITARY and NAVAL ASYLUM.
Mr. WOODBRIDGE introduced aJtResolution granting certain public property to the National Military and Naval Xsy um; which was read a 1st and 2nd time, and referred to the ComMilAffrs. REPRESENTATIVES FROM ARKANSAS.
Mr. DELANO. I rise to a question of riv ilege. I present the credentia s of Hon. illiam Byers, Hon. G. H. Kyle, and Hon. James M. Johnson, claiming seats in the House as Representatives from the State of Arkansas, accompanied by a memorial; and I ask their reference to the ComReconstruction. The motion was agreed to; and the papers were ordered to be printed.
Mr. DELANO. I ask for the reading of the memorial.
The SPEAKER. That would be in the na ture of debate, and is not in order. INSURANCE AGENTS.
Mr. ROLLINS submitted the following resolution; which was read, considered, and agreed to: Resolved, That the ComWays&Means be instructed to inquire into the expediencyof so aamgeenntds,ing the internalrevenuelaws that insurance t 10net proceeds of whose business does not exceed 2tive dollars perannum, shall not be required to take licenses. FIRE and MARINE INSURANCE COMPANIES.
Mr. ALLEY submitted the following resolution; which was read, considered, and agreed to: Resolved, That the ComWays&Means be instructedtoinquire into the expediencyof requiring all fire and marine insurancecompaniesto invest in Government securities and deposit a certain%. of their capital and receiptsin the Treasury of the U.S. for the better securityof the insured and t t they be allowed to insure in any part of the U.S. under such rules and regulations as Congress shall prescribe. GENERAL ASSEMBLY or CONNECTICUT.
Mr. DEMIN G submitted resolutions of the General Assembly of Connecticut, relating to the present condition of public affairs, adopted at its recent sessmn in 1865; which were laid on the table, and ordered to be printed. WILLIAM JOHN HARDING.
Mr. HUBBARD, of Connecticut, introduced a bill for the relief of William John Harding which was read a 1st and 2nd time, an referred to the ComClaims. EXPEDITION TO CHILI.
Mr. LAFLIN submitted the following resolution: Resolved, That the ComPrintg be directed to inquire into the expediency of continuin the publication of the remaining volume of the Nova and Astronomical Expedition to Chili, and that, until the (ciogimittcereport, the publication thereof besus pen e.
Mr. BROOKS. I desire to ask if thus stopping the publication of this document until the House committee reports may not postpone the publication indefinitely. that?
Mr. LAFLIN. I answer that this refers to a publicationwhich was orderedsome 12 years since, and which has been suspended for the last 5 or 6 years. The Superintendent of the Astronomical Observatory is now ready to present his report, and has notified the Superin tendent of Public Printing that the manuscript is ready for the press. But inasmuch as there is some question as to what Dept this printing belongs, and as there is also some guestion as to the proriety of publishing this ourth volume, it has been thought proper, at a meeting of the JtCommee, that this resolution should be presented to the House.
The SPEAKER. If there is any further debate it must o over.
Mr. BROOKS. I have no objection, if it has been a subject of consideration by the committee. The resolution was agreed to. NATIONAL BANKS.
Mr. GOODYEAR submitted the followin resolution; which was read, considered, an agreed to: Resolved, That the ComBankingand currency be instructed to inquire into the expediency of providing by law that any national bapk now in existencebe a lowed. under such restrictions and regulations as may be approvedby the Comptroller of the Currency, to change its place of businessfrom its present location into any other State or Territory in the U.S., and report by bill or otherwisc.
Mr. CONKLING submitted the followmg resolution: Resolved, That an amendment to the constitution of the U.S. he submitted to the States for their ratification in one of the 2 followin forms: Representatives and direct taxes shall e a portioned. among the several States which may e included within this Union according to their respective numbers, counting the whole number of citizens of the U.S.zjrorideil, That whenever, in any State, civil or political rights or privileges shall be denied or abridged on account of race or color all persons of such race or color shall be excluded from the basisof representation. Representatives and direct taxes shall be appertioned among the several States which may be included within this Union accordingto their respective numbers, counting the whole number of citizens of the U.S.: Provided. That whenever in any State, the elective franchise shall be denied or abridged on account of race or color, all persons of such race pr color shall be excluded from the basis of representation.
Skip Skip Mr. CONKLING. I move to refer the resolution to the ComReconstruction; and upon that motion I demand the previous question. The previous question was 2nded, and the main question ordered; and under the operation thereof the resolution was referred. Mr. CONKLING mtRtv the resolution was referred; upon the table. Agreed to. By unanimous consent, the resolution was ordered to be printed. NATURALIZATION LAWS.
Mr. DARLING submitted the following resolution; which was read, considered, and agreed to:, Resolved, That the ComJudiciary be instructed to inquire into the expediency of omending the naturalization laws so as to provide that all persons, before taking the oath to supportthe constitution of the U.S shall be required to read intelligently said constitution; and report by bill or otherwise.
Mr. DARLING mtRtv the resolution was adopted on the table. Agreed to. Is there not anger of GBNBSEE RIVER.
Mr. HART submitted the following resolution; which was read, considered, and agreed to: Resolved, That the ComCommerce be instructed to inquire into the expediencyof making an appropriation for the construction and completion 3f piers at the mouth of the genesee river on Lake upon e. DUTY ON FOREIGN UMBRELLAS.
Mr. THAYER submitted the following resolution, upon which he demanded the yeas&nays: Resolved, That the comWays&Means be instructed to inquire whether an increased duty should not be laid upon foreign umbrellas and para sols imported into this country and that they have leave to report by bill or otherwise.
Skip Skip The previous question was 2nded, and the main question or cred; and underthe operation thereof the resolution was agreed to. BOUNTY TO REGULARS.
Mr. STROUSE submitted the following resolution; which was read, considered, and agreed to: Resolved, That the ComMilAffrs be instructed to inquire into the expediencyof including non-commissioned officers, musicinns. itndprivates of the regular Army, who were in the service at the breaking out of, and during a part or the whole of, the rebellion, in any hounties that may be paid to the volunteers who enlisted in 186land 1862.
Mr. BROOMALL submitted the following preamble and resolution, upon which he demanded the previous question: Where as all gust government derives its powers from the consent of the governed; and whereas, the best mode of obtaining that consent is by means of the ballotbox; and whereas the white men of the DistCol have recently decided by that means that, in their Union, the black man should not be allowed the right of suffrage: Therefore, Resolved, That the ComDistCol be instructed to inquire into the expediency of ordering an election at which the black men of the District shall decide by ballot whether or not, in their opinion, the white men should be allowed the right of suffrage. [Great Laughter.]
Skip Skip The previous question was 2nded, and the main question ordered. Mr. BOOKS demanded the yeas&nays on the resolution.
Mr. JOHNSON. I wish to inquire of my colleague if that resolution would not prevent members of congress from votin in this House in the DistCol. [ aughter.]
Skip Skip Mr. SPALDING moved that the resolution be laid on the table. Mr. HARDING, of Kentucky, demanded the yeas&nays. The yeas&nays were ordered. The question was taken; and it was decided in the a rmativeyeas 138, nays 12, not voting 32; So the resolution was laid upon the table. MILEAGE or MEMBERS or CONGRESS.
Mr. ANCONA submitted the following resolution, upon which he demanded the previous question: Resolved. That the Committee on Mileage be and they are licroby, direetedto bringin a bill at an early day fixing the rate of mileage. so as to equalize the compensation of Sens&Reps in Congress.
Skip Skip The previous question was 2nded, and the main question ordered; which was upon agree in to the resolution. Mr. BENJAMIN moved to lay the resolution on the table. Mr. ANCONA asked for the yeas&nays on the motion to lay the resolution on the ta ble; and also demanded tellers on ordering the yeas&nays. Tellers were not ordered, and the yeas&nays were not ordered. The question was upon laying the resolution upon the table.
Mr. FARNSWORTH. I would ask the Gentfrom Pennsylvania [Mr. AXCONA] to modify his resolution, so as to make it one of inquiry, and not mandatory upon the committee.
Mr. BENJAMIN. I would have no objection toa resolution ofinquiry, but I am opposed to this resolution in its present form.
Mr. ANCONA. I would prefer not to mod ify the resolution.
Mr. FARNSWORTH. It is not usual to finstructa committee peremptorily in relation to such matters.
The SPEAKER. Debate is not now in order.
Mr. RANDALL, of Pennsylvania. Would it be in order for me to ask my colleague [Mr. ANcoxa] to amend his resolution so as to instruct the committee to report the amounts of mileage now paid to members respectively?
The SPEAKER. The main question has been ordered, and there is a motion pending to lay the resolution on the table. Debate, therefore, is not now in order.
Skip Skip The question was taken on laying the resolution upon the table; and upon a division there wereayes 34, noes 74. So the resolution wasnot laid on the table. The resolution was then agreed to. Mr. ANCONA mtRtv the resolution was agreed to; on the table. Agreed to. U.S. CHRISTIAN COMMISSION. liMr. KELLEY v submitted the following resolution, upon which he demanded the previous question: Resolved. That the useof the Hall of the House be to the U.S. Christian Commission, on the evenin of Sunday. the llth of February, for the purposeo holding its anniversary meeting.
Skip Skip The previous question was 2nded, and the main question ordered, which was upon agreeing to the resolution. The question was taken; and upon a division there wereayes 84, noes 32. Mr. WASHBURNE, of Illinois, called the yeas&nays. The yeas&nays were ordered. The question was taken; and it was decided in the affirmativeyeas 117, nays 38, not voting 27; So the resolution was agreed to. Pending the call of the roll, Mr. McCUl. LOUGH stated that his colleague, Mr. HARRIS, was absent from his seat on account of sickness. TEST OATH FOB ATTORNEYS AT LAW.
Mr. STEVENS submitted the following resolution: Recolaed, That the ComJudiciary be instructedto Inquire into the expediencyofso amending the act of 24thJunuary. 1565, relating to the test oath. as to allow attorneys at law to practice their professionsWithouttaking saidoath. onunequal footing with the membersof all other prolessions.
Mr. STEVENS. If there is no objection I will say one word by way of explanation. By the act to which reference has been made in the resolution, and which was well enough during the war, attorneys at law were prohibited from practicing their profession without taking an oath that they had never been engaged in the rebellion. Members of no other professions were required to take that oath. inee the war is over, these attorneys, desirin to resume the practice of their profession and to make a living at it, are pprohibited from practicing by that law. I can see no objection to their being put upon an equal footing with all other rofcssions. Hence I offer this resolution o inquiry.
Skip Skip The question was taken upon agreeing to the resolution; and, upon a divrsion, there were ayes 78, noes 38. Mr. SPALDIN G called for the yeas&nays. The yeas&nays were ordered. The question was taken; and it was decided in the atiirmativeyeas 82, nays 77, not voting 23; So the resolution was agreed to. INTERSTATE COMMUNICATION.
Mr. WASHBURNE, of Illinois. The bill (H.R.No. 11) to facilitate commercial, postal, and military communication among the several States, which the House asked to e returned from the Senate, is on the Speakers table. I ask unanimous consent that the vote by which that bill was passed by the House be reconsidered, and that the bill be referred to the ComJudiciary. A question has arisen with reference to the construction of that bill; and I think that the question ought properly to be decided by that committee. I trust there will be no objection.
The SPEAKER. If there is no objection, the vote by which the bill was passed will be regarded as reconsidered, and the bill will be referred to the ComJudiciary. There was no objection.
Mr. WASHBURNE of Illinois. I ask that the ComJudiciary be authorized to report on this subject at any time.
Mr. WASHBURNE of Illinois. I move to suspend the rules that Imay make that motion. he motion to suspend the rules was not agreed to. FURNITURE OF EXECUTIVE MANSION.
Mr. KASSON. Mr. Speaker, I rise to ask the consent of the House to make a very brief statement, the result of an actual examination by a committee, touching a libel published in a NewYork paper, upon the late POTUS an his widow.
The SPEAKER. The Chair hears no objection. The gentleman will proceed.
Mr. HIGBY. Allow me to ask the gentleman a question. To what paperdoes the gentleman refer?
Mr. KASSON. I learned from the NewYork Herald that it was produced in a paperstyled " Ben Woodspaper, ” in NewYork city. I take that. paperto be the NewYork Daily News. I have not seen the paper, but I give the authority on which my statement has been made. Mr. Speaker, I wish to say further that the charge of a large number of boxes which apeared at the White House and were removed from it, turns out to be that a large number of them were little boxes in which telady of the White House was accustomed to send to officers of the Army and others of her friends bouquets of flowers from the White House, which she had a perfect right to do.
Mr. SPALDIDNG. Let me ask the Gentfrom Iowa whether the injunction of secrecy has been removed from the proceedings before the committee to which he refers, and whether he now speaks by authority of that committee?
Mr. KASSON. Mr. Speaker I have deemed it to be due, as one member of that committee to make the statement to the country that now make, in order at least that no creditma be given to the chargein the absence of all proof, and when, so far as we have examined, there is no authority for it at all.
Mr. SPALDING. Does the gentleman profess to be the mouthpiece of the committee, or only to speak for himself?
Mr. KASSON. I speak for myself as a member of the committee, and as a man designing deliberately to defend the reputation of a de fenseless woman, associated as she has been with our martyred President.
Mr. STEVENS. That is all right; butlbeg leave to say that the House will distinctly understand that what the gentleman has stated is no decision that this committee of the House has come to. I do not say what decision that committee may come to; butI say simplythat they have come to no conclusion on ta subject.
Mr. KASSON. I think the gentleman will not state that the result, so far as it has gone, is not what I have stated it to be.
Mr. STEVENS. I do not mean to say any thin about it, because it would be improper. All wish to say is that the gentleman is not the voice of that committee.
Mr. KASSON. I have the authority, for what I have stated, of one person who has participated in the examination.
Mr. SPALDIN G demanded the regular order of business. SUFFRAGE IN THE DISTCOL. The morning hour having exired, the House, agreeably to order, resumed the consideration of the bill (H.R.No. 1) extending the right of suffrage in the DistCol; on which Mr. KASSON was entitled to the floor.
Mr. BENJAMIN. I ask the gentleman to yield to me in regard to the question now before the House.
Mr. BENJAMIN. Mr. Speaker, saw a paragraph, reported in the Globe, of the speech of the Gentfrom NewJersey, [Mr. Roo Eiis] when giving his views of the effect of this bill, that I desire may be read to the House.
The Clerk read, as follows: “This bill goes further than over was pretendedby any State where legislation has beenhad on thesubject. If that bill passes. itallows thenegroesnot only to have the right to vote, but to become judges of the courts. mayors of the city and to hold the hilbest officesWithin the gift of the Qualified voters ol the District. That is its effect, an it will not be contradicted by anyone on the other side. As it reporte by has been the ComJudiciary. it not onlyal lows Lhcsonegroesto vote. but to hold any office to which they may be elected. such a course would disgraccand degrade us before the nations of the earth. Bhall thu f air temple. which has been reared by thogonius and wisdom of our fsthers be despoilccl and the cit built in the name of Wasington be so far insulte that n bl:ick man shall be mayor of the city or sit Mjlld cm the capital oftho U.S.; that a negro shall presido over the rights and liberties of white men and women in this District?"
Mr. BENJAMIN. Mr. Speaker, the construction of the Gentfrom NewJersey has led me to examine the bill and to see what was its effect. It has gone to the country that this is not only a bill extending the right of suffrage to the negro, but that it also renders him eligibleto any of the offices within the gift of the people of this District. I say, sir, that I have examined the bill particularly and critically, and there is nothing expressed in the title of the bill, nor can I see anything of the kind in the language of the bill, from which such a construction could be drawn. It purports to be a bill to extend the right of suffrage, and the right of suffrage alone. I think there is nothing from which the gentleman can infer that the bill intended the colored people should be made eli gible to office here. I would like to ask of the Gentfrom Pennsylvania [Mr. KELLEY] to state to the House whether such was the purpose of the bill.
Mr. KELLEY. The purpose of the bill, as I understood it, when reneed to form, was to invest all the citizens of the DistCol with the right of citizenship. I did not consider anything beyond the primary question of giving them the right of suffrage. I did not know what would be its legal construction. Does the gentleman desire to know my wishes rather than my views?
Mr. BENJAMIN. I desire to know the views, of the gentleman as a lawyer as to its legal construction.
Mr. KELLEY. If the gentleman desires it I will ask to have the bill read. My views are, as I have stated, that it invests all the citizens. of the District with all the rights of citizenship.
Mr. ROGERS. Let us have the bill read. A MEMBER objected.
Mr. KELLEY. I would add thatifit should be found at the next election, or at any subsequent election, that there is in the District a black man so eminently superior to all the white men as that, in the face of the prejudice that now crushes the race, the white men should believe that he would make the best mayor, or alderman, or supervisor, that they could find, they should have a right to his pree minent service. I would inquire of the gentleman whether he believes that. an citizen of the U.S. should be debarre from the right to hold office or to vote for the man whom he believes to be most ca able to fill office.
Mr. BENJAMIN. I will say in relation to that, that if such is the construction that is to be given to the bill, or if there is anything in it that will bear that construction, I shall at the proper time move to amend the bill in that respect restricting its o crations solely to the right of suffrage in the District, not making it include eligibilit to office.
Mr. SCHENCK. With the permission of the Gentfrom Iowa, [Mr. issoiv] I ask unanimous consent to correct a mistake made by the Printer of the House in JtResolution ho. 1. In the 9th line, as printed, the provision reads, “And Representatives shal be appointed among the several States.” It should be, “And Representatives shall be apportioned among the several States.”
The SPEAKER. The Chair is informed that the correction has been made. RAILROAD and TELEGRAPH LINE.
Mr. BIDWELL, by unanimous consent, introduced a bill granting lands to aid in the construction of a railroad and telegraph line from the Central Pacific railroad in California, to Portland, in Oregon; which was read a 1st and 2nd time, referred to the ComPacificRR, and ordered to be printed. o. c. LANPHIEB.
Mr. INGEBSOLL, by unanimous consent, introduced chill for the relief of G. C. Lau phier; which was read a 1st and 2nd time, and referred to the ComPostOffice. LIEUTENANT JOSEPH TIFFT.
Mr. LAWRENCE, of Ohio, by unanimous consent, introduced a bill to restore Lieutenant Joseph Tifft to his grade in active service in the Navy; which was reada 1st and 2nd time, and referred to the ComNavAffrs. I
Mr. ORTH, by unanimous consent, introduced a JtResolution, submitting to the Legislatures of the several States propositionsto amend the constitution of the U.S. which was read a 1st and 2nd time, an referred to the ComJudiciary. The bill provides that Representatives be apportioned among the several States according to the number oi male citizens over 21 years of age, having the qualifications requisite for electors of the most numerous branch of the State Legislature, and that Congress, at their 1st session after the ratification, shall provide for the actual enumeration of voters, and such actual enumeration shall be sepas rutely made in a general census every ten years. The number of the presentatives not to exceed one for every 125,000 inhabitants. U.S. CHRISTIAN COMMISSION.
Mr. KELLEY. With the permission of the Gentfrom Iowa, [Mr. Ksssond I more to reconsider the motion by which the resolution was passed granting the use of this House to the U.S. Christian Commission, and that that motion to reconsider be laid upon the table. Agreed to.
The Clerk read, as follows: "From the more general inquiries pursued in the 4 last papors I passon to a moreparticular examination of the several parts of the Government. I shall begin with the HoRep. The 1st view to be taken of this part of the Government relates to the qualifications of the electors and the elected. Those of the formerareto be the samewith thoseof the electorsof the mostnumerousbranch in the State Legislatures. The definition of theright of sutirageis very justly regarded as the fundamental principle of republican government. It was incum bont on the Convention. therefore, to define and establish this right in the constitution. To haveleftit open for the occasionalreulation of Congresswould have been improper, for t a reason Justmentioned; and for the a did ional reasonthatitwould have remdered too depen ont on the State governments that lunch of the Federal Government which oughtto be. e endenton the people alone. To bavoreduced the iieront regulations in the different. Statestooneuni lorm rule would probably have beenasdissatisfactory to someof the States asit would have been difficult to the Convention. The provision mode by the convention appears, therefore. to be the best that lay within their option. It must be satisfactory to every State. because it is conformable to the standard already established or which may be establishedby the State itself. It will be safe to the U.S. be cause, being fixed y the State constitution s. it is not altorablo by the State governments, and it cannot be feared that the people of tho States will alter this part of their constitution in such manner as to abridge the rights secured to them by the Federal constitution.”
Mr. KASSON. Now, Mr. Speaker, it is evident that something else than t 9 direct repeal of the explicit clause fine ted by the Gentfrom Pennsylvania [Mr. KELLEY] was meant by Mr. Madison in his declaration made in the convention of Virginia. It is evident that by the word “manner” is meant something else; perhaps whether by ballot or viva race, by General ticket or by separate districts, and all other things that come properly under the term “ manner. But it evidently was never intended by Mr. Madison, or by the framers of the Constitution, or by the people when they adopted it, that the Legislatures and conventions of the several States anght be deprived of the power to say who shoal be the qualified electors of the State Legislatures, and indirectly the qualified electors of members of Congress; an the declarations I have cited, made at the time of the adoption of the constitution, and again some 40 years afterwards, are ample to show that act. Ispeak with more seriousness upon this subject, because in time of war I am for a construction of the constitution favorable to effective power in the General Government. It is necessary that there shall be central power and vigor in its operations at that time; but in time of peace I am equally for the powers of the States, and all doubtful constructions to be given in favor of the States for the preservation of that municipal liberty whichis the very foundation of the nd national liberty attempted to be secured the constitution of the U.S.
Mr. KELLEY. Will the Gentfrom Iowa [Mr. Kassos](yield to me fora moment?
Mr. KELLEY. The gentleman says that it is very evident that Mr. Madison did not mean what suggested. Will he permit me briefly to recall Mr. Madisons own anguage to his at tention in this respect? and I will add, the subject which he was discussing was entirely apart from the question, whether the vote should be by ballot or viva vocc. which he had discussed elsewhere, when Mr. Madison says this: “Some of the Statesmight r ate the elections on the principles of equalityno other smight regulate them otherwise. This diversity would be obn oully unjust. Electionsarsrogulated now unequally in some of the States, particularly SCarolina. with respectto Charlestone which has are resentstion of 30 members. hould the people of an it“o. ile ltytiiilifid“$Zfliliilli iilrmm l – olddgd by the General Government.” The question was not, I repeat, whether the people should vote by ballot or viva tOCC; but whether the people could be deprived of the right of suffrage, and if they were so deprived whether the General Government could not remedy the evil. Again, he says: “It was found nooeaary to leave the regulation of this. in (he 1st place to the State governments. as being best acquainted with the situation of the people nilurctIn the conlrol of the General Government in, order to enable it toproduceuniformity.” and finally he said: "Were they exclusively under the control of the State governments, the general Government might em] o dissolved. But if they be regulated proporly by the State Legislatures, the congression control will very probably never be exercised. The war appearsto me satisfactory and as unlikelytob: abused as any part of the constitution.” I have sent for and be e to obtain, another extract, which, should I0so, Iwill ask leave to submit during the course of the remarks of the Gentfrom Iowa. has directly pointed to the question of the right of suffrage as the citations I have submitted.
Mr. KASSON. Mr. Speaker, this is but a renewed declaration of e statements which the gentleman made the other day, and which are so exlicitl controverted by the direct language of Mr. adison upon the other clause of which I speak. I say that primafacic “manner” does not embrace electpral qualifications, and it is absurd to declarethat the Constitution intended, or that Mr. Madison understood the constitution as intending, by the word “manner, ” to give to Congress the right to prescribe the qualifications of electors, in the ace of the direct declaration that those qualifications were to be the same as those of e actors of the most numerous branch of the State Legislature. I ask the Gentfrom Pennsylvania whether he does now and here maintain that Congress has the right to prescribe the qualifications of electors of the most numerous branch of the State legislature of Pennsylvania.
Mr. KELLEY. I do affirm, promising to produce quotations sustaining the aflirmation, that James Madison did maintain that Congress had thatright; that, inasmuch as it had the right to reulate the question of suffrage, and as the ae who voted for the lower branch of the State Legislature were to vote for officers of the U.S. Government, Congress had the right to determine who mightthus vote. I unha pily have not the authority by me; but I will produce it.
Mr. KASSON. I am very lad, Mr. Speaker, that the issue is now sharp an well defined
Mr. ROGERS. Will the Gentfrom Iowa yield to me a moment, that I may ask the Gentfrom Pennsylvania a question?
Mr. ROGERS. I ask the Gentfrom Pennsylvania to explain what. according to his view, is the meaning of the 1st clause of the 2nd section of the 1st article of the constitution, which reads thus: "The HoRepshall hecomposed of memberschosenevery2ndyear by the peopleof the several States and the clect rsin eachStateshall have the qualifications requisite for electors of the mostnumerous branch oft o State Legislature.”
Mr. KASSON. The Gentfrom NewJerse [Mr. Rooims] is not perhaps aware that read that clause as the foundation of m interlocution with the Gentfrom Pennsyvania.
Mr. ROGERS. But the Gentfrom Pennsylvania has not underta so to sav what that c ause means, why it is there, what its object is.
Mr. KASSON. I understand him to say that although it is there, the Congress of the U.S. has the right, under the other clause, to change it.
Mr. KELLEY. No, sir. I mean to say that James Madison said that to give effect to all the provisions of the constitution, and pointing directly to the one referred to, it was essential that the power which he asserted for Congress should have been confided to it by the Constitution. That is what I mean to say.
Mr. KASSON. I resume, Mr. Speaker, and I say that I like a sharp and welldefined issue; and on the position which the gentleman assumes, that the Congress Of the T U.S., under the word “manner” in the constitution, has the right to say who shall vote and who shall not vote in the State of Iowa or any other State, I do exlicitly take issue with him.
Mr. KELLEY. lhen I hope that the gentleman will present the issue correctly. It is not upon our abstract opinions; it is as to the expreSSed opinion of James Madison. That is the issue.
Mr. KASSON. Mr. Speaker, if the Gentfrom Pennsylvania did not mean to indorse the opinion of James Madison, why did he quote it? Vhat does he mean by throwing upon the country an interpretation of the constitution in that way on the authority of James Madison, unless he means to indorse it.
Mr. KELLEY. If the gentleman wishes to raise that issue, I say that am for the constitution in all its breadth; I am for it as it was understood by Washington and Madison; I am for it as embodying all those powers which washington and Madison considered essential to its maintenance; and I am for it with the power inhering in Congress to so regulate the suffrage as to give the right of suffrage to every male citizen of the country of 21 years of age, whether a citizen by birth or naturalization. Now we have the 2 issues: the one as to what doctrine Madison maintained, and the other as to which of us, the Gentfrom Iowa or myself, is right in our construction of the constitution.
Mr. KASSON. Mr. Speaker, I am sorry that the Gentfrom Pennsylvania did not come to the point. He neither accepts the declaration o Mr. Madison, nor does he expressly repudiate it.
Mr. STEVENS. I ask the gentleman whether this bill denies to the States the right to fix the qualifications of the electors of the most nu merous branch of the State Legislatures.
Mr. PRICE. I ask my colleague whether or no the question of negro suffrage was brought squarely before the voters of Iowa at the last election. Let him answer yes or no.
Mr. KASSON. It was brought before the electors of Scott county in which my colleague resides, which had been the banner county of the State, socalled, and I think somethinglike 1200 majority at the previous election was reduced to some 50 or 60, by which they were just able to elect their members to the Legislature. That was the result of the square indorsement of the proposition. Perhaps other things were involved in the issue; that I do not undertake to say; but there was a square indorsement. In my own county the convention passed a resolution, the sense of which I stated before, namely, that it was a mere proposition to submit the amendment to the people, and that, therefore, it ought not to be a test in the present canvass.
Mr. PRICE. I ask the question again, and I want my colleague to answer me yes or no.
Mr. KASSON. I cannot yield to such a persistent determination of the gentleman. I have attempted to answer the question, and I now answer it again. It was put before the people by the resolution which I have read here to the House, that provides proper safeguards for the urity of the allotbox; and those safeguards, maintain, involve, evidently, the question of loyalty and intelligence. Then in difierent counties the conventions took different policies, and speakers took different lines of argument.
Mr. PRICE. I pledge this House to answer the gentleman.
The SPEAKER. Does the gentleman yield the floor?
Mr. KASSON. No sir. If the gentleman haslgimply a question to ask or a factto state I ie. y
Mr. PRICE. I ask my colleague for an an swer yes or no, and not a circuitous one, going all around the course. Was the question brought squarely before tevoters of Iowa at the inst election whether they would have negro suffrage in the State? I do not care which way he answers it.
Mr. KASSON. Mr. Speaker, I have answered the question alread by reading the resolution. I have also stated the action of county conventions, and the fact that different speakers took different positions. What more can the gentleman ask?
Mr. KASSON. Well, sir, I do not see how the gentleman will succeed in getting an answer which involves the truth more effectually than I have stated it now. Of course it was before the people of the country when the people took opposite sides upon it. Vhat does the gentleman mean by asking me to give him an answer, yes or no?
Mr. KASSON. Perhaps I ought to say tothis House, in view of this interpolation and its temper, that during the holidays just past, my colleague saw fit to address a meeting in his town which adopted a resolution excepting the humble member now speaking from an expression of its confidence. I will certainly answer in all courtesy his questions, but of course I must equally decline to have perpetual interruppons after I have answered them.
Mr. PRICE. I will not interrupt the gentle man any more. done.
Mr. KASSON. I resume, then. The question of negro suffrage was put in that way, involving the question of propersafeguards for the purity of the ballotbox; and among those safeguards. as I have shown by the declarations of the leading Republican paperof that State an exceedingly radical paperintelligence is recoflnized as one. I appeal to gentlemen of this House, especially those who were scholars in the common schonls of the country, if we have not all learned from our childhood that the very basis of security of a republican Government is found in the intelligence and virtue of the people who control it. I have learned that from my infancy. I cannot unlearn it at the dictation of any man or set of men. I believe that the people control this Government. I believe that if those people have not intelligence to understand the policy and principles of our Government to a reasonable extent, our institutions are unsafe and liable to be upset. I also believe in my heart and in my conscience that if you make suffrage universal in certain districts of the Union where ignorance actually predominates, you have no security in those districts that the institutions to which we are attached will retain their permanence. whby, sir, look at those countries where mixed bloods have controlled the Government by Universal suffrage. Look at Mexico and the outh American republics, where revolutions are as frequent almost as the revolutions of the sea sons. Look nt the Latin races of the world, and where have they ever succeeded in establishing a permanent and reliable republican Glovernment controlled by the will of the peop a?
Mr. STEVENS. Do I understand the gentlemans argument to be only against ignorant negro suffrage or equally against all ignorant suffrage?
Mr. KASSON. I was coming to that point presently. I will say that my argument mili States against ignorance in the qualification of electors wherever found. There is another consideration, however, involved in its appli cationtoexisting electors of which I shall speak presently.
Mr. KELLEY. With the gentlemans permission I will ask him whether he believes that the negro race has such mental or physical superiority in this country that, being but 5 million, it will, in spite of the fact that there is no negro immigration and a very large white immigration into the country, so diffuse itself into the American people as to make us a mixed race?
Mr. KASSON. If the gentleman will look at the census of 1860, he will find that in 2 States at the South negroes have a numerical I tried to geta straight answer Iwill answer him when e has majority, and that in other States they are so nearly equal with the white population that a few whites codperating with them would be able to secure for any purpose control of the State government. That is my reply. Take those countries where the blacks have succeeded in securing their own Governments, as in Hayti, and you find there revolution after revolution; you find that in Ha ti, instead of establishing a RFG, they have adopted an imperial form and sustained an emperor at their head. N ow, sir, state these things because they are facts known to the members of this House. I do not want to state mere opinions, to any extent, in the debate upon this question. I state the fact that this race of ours, known 1st as the Caucasian, and subordinately as the Anglo Saxon, has developed the principles of self government, and as protected itself under ree institutions, more or less perfect, be end any other race, white or black, and beyon any other modification of the Caucasian race; and hence it is that I say we should be very careful before, in an part of this country, we allow the power of this Government to pass to another race which has not yet developed its ability to administer it.
Mr. KELLEY. I desire to remark just in cennection with the gentlemans allusion to the States in which revolutions occur so frequently, that it seems to me that it was in view of a possible contingency of this kind, in the vastly expanding area of the Union, that Madison and the fathers provided that there should be a reulating power in the Government; so that if any State degenerated toward monarch, or imperialism, or anarchy, the hand of Congress could be put upon it and the government be restored to the hands of the majority of the whole people.
Mr. KASSON. We left some time ago the opinions of Mr. Madison and the fathers of the country, and I mustask the gentleman to make his interrutions upon the point of debate now before the House. No one denies, asI understand it, that the Latin race, that the mixed races of Indian and Latin, or the mixed race of blacks and whites, or any other races, have developed, as the AngloSaxon race has done, the power to govern itself, and to preserve the principles of selfgovernment afterthey have established them. The gentleman does not deny this, nor do I understand any gentleman to denyif there be one, I will give wa to him for the purposethat in some arts oft is country the negro race, if universally entitled to suffrage, would have absolute power, and in others would have power, with the aid of afew whites to ct control of the State governments and mo ify them to the full extent allowed by the constitution of the U.S.
Mr. KELLEY. Will the Gentfrom Iowa [Mr. Kassox] yield to me foramoment, and for the last time?
Mr. KELLEY. I propose to ask the gentleman whether, if the colored man in those 2 States, SCarolina and Mississippi, had had the right of suffrage when the question of ordinances of secession was submitted to the people, he believes such ordinances of secession would have been passed; or whether secession was not carried because suffrage was withheld from the loyal masses of the people?
Mr. DAWES. I move that the time of the gentleman [Mr. Kassos] be extended so as to enable him to conclude his remarks. No objection was made.
Mr. WILSON, of Iowa. Will my colle no please state the date of the adoption oft at amendment to the constitution of Massachusetts!
Mr. KASSON. It is but afew years a o that that clause was adopted; but the generaprinciple of intelligence of which I spoke has been more thoroughly adopted in that State than in any other in the Union; and the schools of Massachusetts are model schools, unsurpassed by an in the Union.
Mr. WILSON, of Iowa. The point to which I direct the attention of my colea c is this: all that the gentleman has said with regard to the State of Massachusetts and her seo015 I indorse; but I desire, while I do so, to impress upon the minds of members of this House that all that was accomplished before the adoption of the amendment by which they required persons to read the constitution in the English language; that it was not the adoption of that amendment which gave Massachusetts her high position, but. it was that which existed before and one other fact I will call his auditor to; and that is that the action of Massachusetts, in relation to that amendment, was not aimed at the negro, but at the foreigner.
Mr. KASSON. I understand well the history of Massachusetts, and have already stated that I quoted this simply as a consummation of the principle that always existed in that State, namely, that a republic was founded upon the intelligence and virtue of the peole, and that that principle should be applied elsewherc.
Mr. LYNCH. Do I unerstand the Gentfrom Iowa [Mr. Kasson] to say that the state of things in Massachusetts is parallel to what it would be if the same provision were applied to the DistCol? Do I understand him, that if he applies the same principle here, it will work as impartially as it would when a plied to Massachusetts [Mr. KASSOS). I can hardly say if the gentleman asks me as to the details of the application of the provision in this District. I only know that there is a larger portion here who cannot read and write than in Massachusetts.
Mr. LYNCH. The point is this: that before the adoption of the constitutional amendment, all, both white and black, voted, so that the operation of that amendment was equally upon whites and blacks; but its adoption here would operate only on one class.
Mr. KASSON. he gentleman probably does not observe the whole clause of the constitution. When adopted it did not apply to those who at that time were allowed to vote: only to those who should subsequently be allowed to vote. Here it would operate in the future on both classes.
Mr. LYNCH. I understand that; but at that time whites and blacks had the right to vote, so that it included both classes alike. But the adoption of this revision will only exclude those who had a right to vote here, namely, the whites. It would not operate impartially on the blacks.
Mr. PRICE. I ask the unanimous consent of the House to make a personal explanation.
Mr. JULIAN. I will yield to the gentleman for that purpose. No obection was made.
Mr. BOYER. Will the Gentfrom Iowa[Mr. PRICE] allow me to ask him a question?
Mr. BOYER. Were there no other issues involved in that campaign beside the one of negro suffrage?
Mr. KASSON. I ask the gentleman to allow me a word of repl.
Mr. PRICE. Iy object, unless I be allowed to reply.
Mr. PRICE. I ask to be allowed 2 minutes to rely.
Mr. PRICE. I can state to the House in 2 minutes all I have to say. I have established the fact that the question of negro suffrage was before my State in that election, and all my colleagues, except the member from the 5th district, will corroborate my statement. So much in regard to that question of veracity. The gentleman has raised another. All I have to say in reference to the writing of the resolution I will say to this House, and I will bring proof clear, plain, positive, and overwhelmingthat whatI have said about that is correct, and the statement of my colleague is, as a matter of course, incorrect.
Mr. PRICE. I know who wrote it. I ven ture to say that I can tell exactly what name is signed to it. A man does not live 21 years in a place, if he amounts to anything and is able to say yes and no, without making some enemies. Now. in reference to the gentleman just elect edto the U.S. Senate, I wish to read a short paragraph from a paper published in the State of Iowa within a week past: “Governor Kirkwoods friends are. however. quite lure of his success and may, of Conrse, beright. Similarly enough, singular in view of the conserva ive odorts of the as tcampaign the only bone of contention betweenthefriendsof hIcssrsJ arlan and Kirkwood, as to principles, is respective as to which of their candidates is the most radical l" That is the question. My colleague was in the canvass for U.S. Senator, but not being very radical I think his votes could be counted by about 3. I will bring the proofin regard to the resolution referred to, that it was written without any knowledge on my part such proof as no man can call in question.
Mr. KASSON. I wish simply to say that I was not in the senatorial canvass; and that again the gentlemans habit of saying yes or no leads to a very incorrect statement, and leads me to commend again to him the propriety of knowin the facts cbeforehe undertakes to state them. letter of mine, dated before the Legislature met for the canvass, was written to the members of the delegation from my own county, positively refusing the use of my name for either the short or the long term. That letter the gentleman of course did not seem to be aware of althoughIam told the papers had announced my docination. It is true that at one time I was a candidate, but after reflection I withdrew my name absolutely.
Mr. JULIAN resumed the floor. TEST OATH FOB ATTORNEYS AT LAW.
Mr. ALLEY. Mr. Speaker, I rise to a privileged motion. I desire to enter a mtRtv the ComJudiciary were instructed to inquire into the expediency of abolishing the test oath so far as relates to attorneys at law.
Mr. HILL. With the consent of in league [Mr. Jumiul] I move that the now adjourn. The motion was agreed to and accordingly (at 35 minutes past 3 oclock p. m.) the House adjourned.
@@@IN SENATE SENATE. Tucson, January 16, 1866. Prayer by the Chaplain, Rev. E. H. GRAY. The Journal of yesterday was read.
Mr. HARRIS. I observe by the reading of the Journal that the papers in the case of Jane W. Nethaway were referred to the ComClaims. I intended to move that they be referred to the ComPensions. That is the appropriate committee.
The PRESIDENT protempore That correction will be made, and the reference to the ComPensions will be ordered.
Mr. LANE, of Indiana, it was Ordered. That the bill (S.No.22)supplementary to the several acts relating to pensions be recommitted to the ComPensions. PAPERS WITHDRAWN and REFERRED. On motion of
Mr. CHANDLER, it was Ordered That the memorials and other lating to the iniproveincntoftho harborof raukf urt, on Lake Michigan, be taken from the filesof the senate and referredto the ComCommerce. On motion of
Mr. MORGAN, it was Orilerrd, That the petition of J osepliine rice, widow of the late Brigadier General James C. Rice, praying for a pension. be taken frpm the files pfthe Sam and referred to the ComPensions. On motion of
Mr. HENDRICKS, it was Ordered. That the petition and other papers of J. W. Gordon. latemajor in the 11th U.S. infantry, praying that the accounting uflieersof the Treasury may be authorized to credit him for no –ments of bounty to enlisted men. be taken from to files of the Senate and referred to the ComClaims.
Mr. COWAN. Some daysngo I had referred to the ComClaims the petition and accompanying papers of Henry S. Davis, prayiu for compensation for fittingu the west wing of the Patent Office. I now as leave to withdraw the petitionand papers from that committee. Leave was granted. REPORTS OF COMMITTEES.
Mr. WLSON. The ComMilAffrs , to whom was recommitted the bill (S.No.67) to increase and fix the militaryence establishment of the U.S., and the amendment reported yesterday to strike out all of the original bill after the enacting clause and to insert a substitute, have directe me to report the bill back to the senate with some slight amendments to the amend uient. I ask the unanimous consent of the Senate to adopt this amendment now as thus amended, as a substitute for the original bill, with a view to have it printed as a whole. The committee are unanimous in favorof the amendment as a substitute for the oriinal bill, and I do not think there will be any difference of opinion about that. The original bill was printed and I should like to have the bill as perfect printed, so that we can have it before us tomorrow.
Mr. GRIMES. I do not know that there would be any objection to that unless it be that by adopting that as an amendment now the Senate will preclude itself from amending that amendment in the future.
Mr. GRIMES. My inquiry is this: if the substitute be adopted as an amendment now, will not the Senate be precluded from amendin that amendment whenever the bill shall be printed as the Senator desires and come up for the action of the Senate? If the Senator will simply report his amendment as a substitute, and have the entire bill printed, and then let us pass on it, doubtless it will be satisfactory to us.
The PRESIDENT profemporc. The bill would be amendable in the Senate, but it might embarrass the action of the Senate in ComWhole if the amendment was now substituted for the original bill.
Mr. WILSON. I have no objection to printing it in the way suggested by the Senfrom Iowa, but I thought it would save time to adopt the coursel proposed. I consent, however, to the suggestion.
The PRESIDEJTprotempore. The Senfrom Massachusetts asks that the substitute reported by him in lieu of the bill recommitted to the committee be printed, with the amendments to rted, as an original bill. If there be no obJection, the order to print will be so entered. NOTICE or A BILL.
Mr. CHANDLER. I give notice that tomorrow, or at some future day, I shall present the British foreign enlistment act, with a elauBB repealing all existing neutrality laws. HDEISf9 I 1866. BILL INTRODUCED.
Mr. "WILLIAMS asked, and by unanimous consent obtained leave to introduce a bill (S.No.78) to estabfish certain post roads in the State of Oregon; which was read twice by its title, and referred to the ComPostOffices. non-iNTERCOURSE WITH GreatBritain.
Mr. CHANDLER. I now ask leave to introduce the JtResolution which I oifered yesterday. Leave was granted, and the joint. resolution (S.R. No. 16) declaring non-intercourse between the U.S and the Government of GreatBritain, on account of the refusal of that Government to make reparation for dam ages inflicted on our commerce by her subjects, was read twice by its title.
Mr. JOHNSON. I am not sure that I understood the resolution as read yesterday. Is it a resolution of inquiry?
Mr. CHANDLER. No, sir; it is a resolution declaring non-intercourse.
Mr. JOHNSON. As it is very important that the decision of the Senate should be known at oncethe mere offering of the resolution is calculated to awaken great solicitudeI move to lay it upon the table, and upon that question I call for the eas&nays.
Mr. WAD. That motion is not debatable, but I be e the resolution will not be laid on the table. hope it will takethe usual course, and be referred to the ComForRel. That, I think, is the best way to dispose of it.
Mr. JOHNSON. That is the very thing I wish to avoid, not that I have an doubt as to the patriotism or good sense of the ComForReln, but because I think it is exceedingly desirable that the question should be dispose of at once 5 and, as rather suppose the Senate are prepared now to decide whether a resolution like this shall pass, I persist in my motion to lay it on the table.
The PRESIDENT protem ore. The motion to lay on the table is not ebatable. The Senator in Maryland asks that the question on that motion be taken by yeas&nays. The yeas&nays were ordered.
The Secretary read the resolution at length.
Mr. SHERMAN. I inquire of the Chair whether it will not be perfectly competent for any Senator to move to take a that resolution at any time if it shall now e laid on the table.
The PRESIDENT protempore It will be so competent.
Mr. SHERMAN. Then I hope it will be referred. If laid on the table, it may be called up any day.
Mr. ANTHONY. I desire to inquire if the Senfrom Michigan wishes to a dress the Senate on the subject.
Mr. CHANDLER. I do not. I simply wish to refer the resolution to the ComForRelns.
Mr. ANTHONY. Then I shall vote to lay it on the table.
Mr. SUMNER. If it was in order I should like to appeal to my friendfrom Maryland to allow the resolution to take the ordinary course, and be referred to the committee.
Mr. JOHNSON. I should like to oblige the honorable Senator, but I cannot consent to that course.
Mr. WADE. I will barely say that if it lies on the table, it will not lie quietly there a great while.
Skip Skip The question being taken by one&nays, resulte yeas 25, nays 12;. ABSENT. So it was ordered that the JtResolutionlie on the table. MILITARY TRIAL OF DAVIS and CLAY.
Mr. HOWARD. I beg now to present the JtResolution of which I gave notice yester n.
The Secretary read twice by its title a JtResolution in relation to the trial of JeffersonDavis and Clement C. Clay.
Mr. JOHNSON. I ask for the reading of the resolution.
Mr. HOWARD. I do not propose to take up the resolution for consideration at this time, but I ask for an order that it be printed, and that in the mean time it. lie on the table.
Mr. SUMNER. I should like to make a suggestion to my friend. I ask him whether his resolution should not be a concurrent resolution rather than a JtResolution? As I understand it, it is in the nature of a call on the President.
Mr. HOWARD. It is simply a recommendation to him.
Mr. SUMNER. That, I resume, is within the competence of the 2 oases oi Congress to make by a concurrent resolution. A JtResolution as the Senator is aware, becomes an act of legislation which must be signed by the President. I would suggest, therefore, to my friend to make a chan o in the initiatory words, so as to read, “reso ved by the Senate, the HoRep concurring.”
Mr. HOWARD. I will thank the Clerk to make that alteration.
The PRESIDENT protempore That alteration will be made.
Mr. COWAN. As I heard the proposition read, it is to try these persons by a commission.” I suggest the propriety of inserting “mil ita ” before “commission.”
Mr. HOWARD. That is the language of the resolution.
Mr. COWAN. I do not know that there is on law for civil commissions.
Mr. HOWARD. I shall not discuss the question with the learned Senfrom Pennsylvania whether it is competent to issue a civil commission. I move that the resolution be printed, and lie on the table. The motion was agreed to.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. MCPHERSON, its Clerk, announced that the HoRep had concurred in the resolution of the Senate authorizing the JtCommee, appointed to inquire into the condition of the States which formed the socalled confederate States, to send for persons and papers. ENROLLED BILL SIGNED. The message further announced that the Speaker of the HoRep had signed an enrolled JtResolution (H.R.No. 18) granting certain public property to the Soldiers Orphans Home ofIowa; audit was there upon signed by The PRESIDENT protempore COURTS IN INSURRECTIONARY STATES.
Mr. HOWARD submitted the following resolution; which was consrdered by unanimOus consent, and agreed to: Resolved. That the President be requested. if not inconsistentwith the public interest, to the Senate any correspondencewinhcicohmminuaynihcaavtce taken place between himself and any of the judgesof the Supreme Court touching the holding of the clVll courts of the U.S. in the insurrectionary Statesforthe trial of crimesagainsttheU. S. DICTIONARY OF CONGBESS.
Mr. HARRIS submitted the following resolution; which was referred to the ComPrinting: If moloed. That there be printed for the use of the Senate the regular pumbers of copies of the Dicl iouary of Congress. as revisedand brought down to date and that the same copyright hopaid the compiler that was gofllldse hii)m by a resolution of this body, adopted Juue BREAKWATER IN LAKE SUPERIOR. Mr. RAMSEY submitted the following resolution; which was considered by unanimous consent, and agreed to: Resolved. That the ComCommercebe instructed to. Inquiro into the expediencyof making an n propriation for the constructionof u breakwaterat the head of Lake Superior. at or near I)u Luth, minnesota; and to report by bill or otherwise. UNION PACIFIC RAILROAD.
Mr. HOWARD submitted the following resolution; which was considered by unanimous consent, and agreed to: Resolved, That the SecyInterior be reuested to communicate to the Senate copiesof documents, papers and maps on file in his Dept. relating to the branchof the Union Pacific railroad from Sioux City. Iowa. PRINTING OI" PAPERS. On motion of
Mr. WILSON. it was Ordered. That the report of the SecyWar, communicating copiesof the records and proceedings of the militn commissionin relation to the trial and convrction of. W and rews of SCarolina. J. M. Brown and C. C. Reese of Georgia, J. L. McMillan and Neill McGill of NCarolina. be printed. NATIONAL MILITARY ASYLUM.
Mr. WILSON. I move to take up the bill in regard to the Military Asylum which was under consideration yesterday evening; the Senfrom Iowa has an amendment which can be disposed of in n. moment. The motion was agreed to; and the Senate resumed the consideration of the bill (S.No.54) to amend an act entitled “An act toiiicor porate a National Military and Naval Asylum for the relief of the totally disabled officers and men of the volunteer forces of the U.S. ”
Mr. GRIMES. I offer as a new section, to come in before the last section of the bill, the following amendment: Abife: That so muchof the notto which this is ameudatoryas provides for the establishment of a naval in connection with a military asylum and so much of said art as provides that all stoppages or fine s ltlljfldited against naval o the crsand seamen by sentence of courtsmartial or military commission. all forfeitures on account of dosartion from the naval service and all moneysdue to deceased naval officers and seamenwhich are or mayhe unclaimed for 3 yearsafter the death of iiuch officer or scaman shall be appropriated for the establishment of the asylum or nsylums contemplated and provided for by this act and the act of which this is ameudatory. be and the someis hereby. repealed.
Skip Skip The amendment was agreed to. The bill was orderengross for a 3rd reading, and was read the 3rd time, and passed. rosr uosns. On motion of
Mr. DIXON, the bill H.R.No. 61) to establish certain ost roa s was considered as in ComWhole. It proposes to establish additional post roads in. Iassacliusetts, Oregon, Vermont, NewYork, Pennsylvania, Wisconsin, Ohio, and WestVirginia. The ComPostOffices of the Senate proposed to amend the bill by adding the following: MICHIGAN. From Coopersville to Squires Ferry. msxssou. From Hastings. via Cannon Falls. to Kenyon. From Saint Cloud to Fort Ripley on the westbank of the Mississippi river. From Watertown to Gloncoe. From Blue Earth City. Minnesota. to Yankton. Da kota Territory. From Hutchinson via Cedar. Groeuleaf. Kandigoli and Irving, to Torah. From Henderson. by Arlington, New Auburn, Wit adanLake and Fort udswortb. in Dakota Territory. to Fort Rice on Missouririver. DAKOTA. From Fort Wadsworth to Devils Lake. The amendment was agreed to.
Mr. DIXON. I offer another amendment to be added to the bill. IOWA. From Boonsboro to Panora. From winterset. via Quincy, Clarindl and Mary villo. to Savannah in Missouri. From Indianola, via Lawrenceburg and Liberty Center, to Charlton. The amendment was agreedto.
Mr. DIXON. I otfer the following amendm ent: nun. From Woodmans station via New Gloucester and West Gloucester. to North llaymond in Cumberland county. From Poland to West Poland, in and roseoum county. The amendment was agreed to.
Mr. CONNESS. I Offer the following amendm ent: tumour“. From Rio Vista, via Maine Prairie and Bingham ton, to Sihf yvillc. From Red Blull". via the U perSacramentoriver. Soda Springs and Shasta. val cy. to Yre u. From Red Bluff. via laynes creek. Millcreck, and Bi: Meadows. to Susunville. From Ciico, via Stony creek and Coast Range, to NomeCult. Fromtlnverdnle. via the Lakeport and Cloverdale wagon road, to Lakeport. The amendment was agreed to. lhebill wasre orted to the Senate as amended, and the amendments were concurred in. It was ordered that the amendments be engrossed, and the bill read a 3rd time. The bill was read the 3rd time, and passed.JtCom ON RECONSTRIJCTION.
Mr. ANTHONY. I move that the Senate resume the consideration of the resolution to refer to the JtCommee upon the condition of the States lately in rebellion certain matters., Mr. GUTHRIE. What is that resolution?
The PRESIDENT protemporc. It is indorsed “a resolution, submitted by Mr. AN ruosY, to refer all papers relating to the condition and title to representation of the socalled confederate States to the JtCommee upon that subject.”
Mr. HENDRICKS. Does that resolution come up at this time in its order?
The PRESIDENT protemporc. The motion is that the Senate now proceed to the consideration of that resolution.
Mr. HENDRICKS. Will the question then be on the passage of the resolution or its reference?
The PRESIDENT protempore It will be open to a motion to refer or to debate when it comes up, if the Senate shall vote to take it u. It is not yet taken up. Is the Senate ready or the question on the motion that the Senate now proceed to the consideration of the resolution the title of which has just been read?
Mr. HENDRICKS. I should like to have the resolution read in full.
The Secretary read, as follows, the resolution submitted by Mr. Armour on the 19th of december last:. Ifcaolved. That until otherwise ordered, all papers presentedto the Senate relating to the condition and title to represontaion of the socalled confederate States shall be referred to the JtCommeeupon that subJect.
Mr. HENDRICKS. I desire to ask the author of that resolution whetherit is understood to include the credentials of persons present in themselves for admission to this body? Mr. ANTHONY. Certainly not. I think that would be an unconstitutional proceeding.
Mr. HENDRICKS. Then I have no obJection to it.
Mr. ANTHONY. I so stated when the JtResolution for the appointment of this committee was under consideration and it was amend ed, on my motion, to avoid the passibility of such a construction.
The PRESIDENT protempore The question is on the motion toproceed to the consideration of the resolution. The motion was agreed to.
The PRESIDENT protemporc. The resolution is now before the Senate, and the question is on its adotion.
Mr. MCDOUGALL. The langua of the resolution certainly covers the case o creden tials. It says “al papers and the creden tials. of Senators are certainly papers presented to the Senate. Those credentials will necessarily have to go to this JtCommee under this resolution, if we can send them there by a resolution. I agree with the Senfrom RhdIsland, that we have not the power to do it. The Senate must determine for itself the question as to the seats of its own members, and the HoRep as to the seats of persons claiming to be members of that body. But why not retain before the committee of the Senate, that must report upon the qualification of members, all the papers in these cases, so that we may have them in our own power? I take it that if these papers are relirred to the JtCommee of the 2 Houses, the cease to be within the power of the Senate the very papers which will have to guide us in our action in determinin the rights of persons claiming the seats of tena tors. lhelnngnage of this resolution certainly covers the whole. question; it covers all the operacredentials as well as everything else. f the Senator will make that exception in terms it may. perhaps. avoid the difficulty.
Mr. ANTHONY. I think the Senator might as well ask that a revenue bill should heire ferred to this committee because the States lately in rebellion will be affected by it, or that the bill which the Senfrom NewYork [Mr. HARRIS] has introduced to reorganiZe the ju diciary should be referred to this committee, because that will also affect the States lately in rebellion. Alloutlegislationailectsthosestates as well as the loyal States, and I do not see by what construction you can claim that the credentials of persons up caring here and claiming to he Senators shall be referred to this JtCommee under this resolution any more than you can claim that any other measure affecting those States shall be referred to it. Every GenerallawmustuticctthoseStates. Iagrccclearly with the Senfrom California, and I believe there is hardly any difference of opinionon that subject, that it would not be constitutional to refer to any committee other than a committee of the Senate the credentials of persons appearing here and claiming seats in this body; but I can see no more reason for making a special exception in that case than for making a special exception in the case of an general law.
Mr. ltIcDOUGALL. I should ike to have the Senator answer me these questions: 1st, are not the credentials sent lore, of parties claiming seats on this floor, ” papers?”
Mr. lIcDOUGALL. Do not those creden tials or papers relate to the rights of the persons claimtng seats on this floor?
Mr. MCDOUGALL. Then, if they be a pers relatin to the rights of persons claiming seats upon this floor, they are within the exact terms of the gentlemans resolution.
Mr. ANTHONY. As I am aYankee, I will take the liberty of answering the questions of the Senfrom California in the way in which the people of our country are said to answer. them. I will ask him, i a petition for an increase or diminution of duties is nota “paper? I will ask him if that paperdoes not refer to the States lately in rebe ion; and if it does refer to the States lately in rebellion, does it not come within the strict language of this resolution?
Mr. MCDOUGALL. No; this resolution re lates to the rights of persons claiming seats on this floor, in exact terms.
Mr. ANTHONY. Then when the Senfrom California will tell me how the papers to which I have just referred do not come within the strict langu. e of the resoIution, I shall be able to tell him how the credentials of persons claiming seats here do not come wi in the strict Ian tinge of the resolution.
Mr. CLARK. The Senate will mark the language of this resolution, I think. It is that these papers, ” until otherwise ordered, ” shall go to that committee. Now, itwill be perfectly competent, when an credentials or any other papers are presents, for the Senator present so order they will go there.ing them to move that they be referred to the ComJudiciary; and if the Senate This resolution only directs where they shall go until the Senate takes some deliuite action in regard to the payers. It is only a general way of disposing of usuiess.
Mr. McDOUGALL. Allow me to ask the Senator a question. This is a JtCommee of the 2 Houses; and after they have been referred to this JtCommee, wll they be within the power of the Senate unti the point committee choose to report either to this ease or the other I
Mr. CLARK. That is a question which it is not necessary for me to answer for the elucidation of this subject, because the Senate will have the control of the papers before they o to the JtCommee, on it is not the unerstanding of any Senators around me, sofur as I know, that this resolution embraces credentials, or is designed to embrace credentials. The general impression is that they should go to the ComJudiciary. This resolution is only to provide a method of disposin of the bust ucss before the Senate without o structing the Senate; and if any Senator wants any paperwhich he presents to go in a different direction, it will be perfectly competent for him to make such a motion, and for the Senate to order it that direction, notwithstanding this resolution. The language of the resolution is, “until otherwise ordered b the Senate.”
Mr. DOOLITTLE. There seems to be, on the part of the mover of this resolution, a distinct understanding that it does not cover credentials, and he says it. would be unconstitutional to refer the credentials of members of this body to a JtCommee of the 2 Houses; but on the other side it is objected that the words, as they stand, cover credentials, because the language is, “all papers” relating to the title to representation. think it so. “all papers.” I ask the Secretary to read e resolution.
The Secretary read it, as follows: Resolved, That until otherwise ordered, all papers presented to the Senaterelating to the condition and tSittaletetsoshreapllrebseernetfaetriorendotfo the e Jsooinctalcleodmm comttfeeeduepraotne that subject.
Mr. DOOLITTLE. Now, Mr. President, those words, “all papers, ” certainly cover the certificates
Mr. GRIMES. The title of the State to be reiresented; not the title of aman to the office.
Mr. DOOLITTLE. The certificate of their being chosen, coming here, or purporting to comehere, under the seal of the State, is certainly apaperin relation to the right of the State to representation in this body. I move to amend the resolution by insertinf the words “except credentials”. That will avoid any ambiguity about it.
Mr. HOWE. It does seem to me that we are more frightened about this resolution than there is any oocasiop for being. Whatever the words of the resolution may mean, they are certainly entirely harmless. The resolution is always within the control of the Senate, as has been justly suggested by the Senfrom NewHampshire. Whenever any paper which is suppose to come within the purview of the resolution is presented to the Senate, any Senator can raise the question upon its reference to this particular committee. But inasmuch as this committee has been raised for some purpose, it seems to me a very proper thing to take some action as to the general class of subjects that shall be referred to the committee. It is raised for some purpose, and it ought to have some. thing to do. This resolution seems to me to be very proper to guide the action of the Senate upon the general class of questions which are to be referred to it. That is the purpose of the resolution, as I understand it. Now, as to the question of Construction which is raised here, whother the language of this resolution covers credentials or not, it does not seemto me that any 2 Senators need to differ at all. Credentials which are issued by a political body hciving g the authority to send senators here bear upon the right of those individuals to seats here. This resolution provides only that papers relating to the rights of the constituent bod to send Senators here shall be referred to this JtCommee. One is the evidence of the right of individuals to represent a constituency, but the opera which this resolution refers to, and which are to go to the JtCommee, are papers which bear upon the right of the constituency to be represented here. The distinction is very aparent.
Mr. DAVIS. Mr. President, I believe the time fixed for the consideration of the special order has arrived.,
The PRESIDENT o tempera. The present occupant of the c air, was not in the chair at the adjournment of the Senate yesterday, and he is under the impression that no special order was made. If there was a special order made, the Chair will be corrected by the Journal. The Chair understands that the bill to which the Senfrom Kentucky refers was postponed until today at one oclock, but not made a special order. Perhaps it was the understanding of the Senate that the bill should then be taken up, but there was no motion made to make it a special order. Mr. DAVIS. The understanding of the senate was that it should be taken up at one oclock tOday.
The PRESIDENT prolmpore. The Chair understands that such was the impression of the Senate, although the bill was not made aspecial order.
Mr. HOWE. Allow me to suggest to the Senfrom Kentucky that the vote be taken on this subject now. lyhave said all that I intended to say, exee t this: while I agree with the Senfrom RhdIsland, that this resolution does not cover the case of credentials, I do not a co with the constitutional principle which is asserted here on every hand), that it would not be competent for the Senate to refer credentials either to this JtCommee or to the common council of the city of Washington, or make any other reference of them they choose. There is nothing in the constitution against it.
Mr. DAVIS. Imove that the bill that was set for today at one oclock be now taken up.
Mr. ANTHONY. I hope we shall haven vote on this resolution. I fancy that the debate upon it is over. [“ Oh, no. ”] If it is not, we may as well have it now as any other time. I should like to have the resolution disposed of. I do not wish to press it against the wishes of any Senator who may desire to address the Senate upon it, but I should like to make some progress in its consideration today.
Mr. DOOLITTLE. Perhaps the amendment that I have proposed may bring this matter to an end. I the Senfrom Kentucky will allow us to dispose of this resolution
Mr. DAV]. I hope the honorable Senator will not insist on continuing the debate. The question is not goin to be taken now.
The PRESIDENT protempore. It is moved that the Senate 0stpone the present and all other orders, an proceed to the consideration of tkhye bill namedpby the Senfrom Kentuc. The motion was agreed to. DISTCOL SUFFERAGE. The Senate, as in ComWhole, accordingly resumed the consideration of the bill (S. ho. 1) to relate the elective franchise in the DistCol; the pending question being on the amendment reported by the ComDistCol, as a, substitute for the bill.
Mr. MORRILL. Before the Senfrom Kentucky addresses the Senate, I desire to submit an amendment to the amendment reported by the committee, in order that we may have the whole subject before the Senate. in the 7th line of the 1st section of the amendm ent, after the word “States.” I move to insert the words, “and excepting persons who may have voluntarily left the DistCol to have aid and comfort to the rebels in the late reellion.”
Mr. WILSON. I move that the present and all prior orders be postponed and that the Senate proceed to the consideration of the freedmens Bureau hill. The motion was agreed to. The Senate, as in ComWhole, resumed the consideration of the bill (S.No.60) to enlarge the powers of the Freedmens Bureau.
Mr. WILSON. I move that the Senate do now adjourn. The motion was agreed to; and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. TUESDAY, January 10, 1866. The House met at 12 oclock m. Prayer by Rev. E. House. The Journal of yesterday was read and approved.
Skip Skip MESSAGE FROM THE snssrs. A message from the Senate. by Mr. J. W. FORNEY, its Secretary, informed the House that the Senate had)assed, without amendment, House resolution o. 18, granting certain public the property to the Soldiers Orphans Home of own. RECONSTRUCTION.
Mr. CONKLING. I ask the unanimous consent of the House to offer the following resolution for reference to the JtComReconstruction: Buoloed, That in "Establishing Federal relationships with the communities lately in rebellion soasto permit them again to partincipatin administering the general government, the fol owing are necessary and proper requirements and ought to be secured by such itnlfisures as will render them as far as possible immu a c: 1. The absolute renunciation of all the pretensions and evasions of sccession as ii doctrine and unproc cc. 2. The repudiation both by the State and by the national Governmentsof all public debtsand obligations, including State and municipal liabilities contracted or assumedin aid of the late rebellion and including also all claims by or on behalf of those who werein t cmilitary or naval servicoof the insurgents for bounty, pay, or pensions and all claims by persons not loyal to the U.S. for damagesor lossessufferedby reasonof the rebellion and for advances made in its aid., 3. The assurance of human rights to all persons Within their borders. regardless of race, creed, or color and the adoption of such provisions against barbarism, disorder, and oppression. As will relievetho General Government from the necessityof standing guard over any portion of our country to protect the people from domestic violenceand outrage, l. The impartial distribution of political power among allscctions of the country so that 4 million people shall no longer be representedin Congress in the interest of sectional aggrandizement and at the same time be excluded from political privileges and tights. g. The election of Sens&Reps in truthloyiil to the U.S. an never ring leader! in the late revolt. nor guilty of dastardly be trayals which preceded the war or of atrocities which war cannot extenuatc.
Mr. RAYMOND. I rise to inquire whether if this resolution shall go to the JtCommee it will operate in any respect as instruction upon the part of the Heuse?
Mr. CONKLING. It is intended that the resolution shall o to the committee, as every resolution oes flint is referred, without action upon it. ly colleague knows how that is as well as I do, no don)t.
Mr. STEVENS. In order to avoid all difliculty I suggest to the Gentfrom NewYork that lie amend his resolution so as to make it a resolution of inquiry. This is an absolute instruction.
Mr. CONKLING. There is no instruction about it. It is simply a resolution which I offer on my own responsrbility, for reference merely. It is merely a declaration to be referred to that committee.
Mr. RAYMOND. My question is, whether in presentin the question 1hrstto the House, to go from the GHoase to the committee, the gentleman intends merely to express his own opinions on the subject? As he is a member otp the committee, I can see no reason why he could not expresh his own opinion in the committee. There may be an implied instruction in sending this resolution from the House to the committee.
Mr. CONKLING. I suppose the fact that a member of the House is on a committee does not precludehim from introducing his, or anothers, opinions here. Doubtless that right remains to him. This resolution is precisely like many resolutions olfered by others, sometimes asking a vote in the House, which I do not ask, and some times asking, as I do ask, a mere reference ti) a committee, to the end that the resolution may be printed, and challenge criticism in the committee and in the House. It seems to me it is too plain and simple to be misunderstood, and too ordinary a proceeding to be in earnest the subject of discussion.
Mr. BLAINE. I would inquire whether, under the ruling of the Chair, this resolution does not go, without debate, to the JtCommee of 15?
The SPEAKER. The resolution is not yet cffered.
The SPEAKER. The Chair will state that if the State of NewYork had been called regularly the Gentfrom NewYork [Mr. Cos: Liso] would have had a right to olIer this resolution, and it would have gone, without debate, to the ComReconstruction. The gentleman, however, asked unanimous consent to offer the resolution.
Mr. conKLING. Was not the question deliberately put to the House, whether there was any objection to the reception of the resolution? and did not the reading of the resolution the 2nd time come after that question was put, and the Speaker announced that he heard no objection?
The SPEAKER. The colleague of the gentleman [Mr. RAYMOND was understood to suggest a modification, an the Gentfrom Pennsylvania [Mr. Buoonatm] called for the riading of the resolution, reserving his right to o cct.
Mr. CONKLING. I think the Chair is mistaken in one respect. My colleague [Mr. RAY monk] rose to inquire whether the resolution was csigned as in any way instructing the JtComReconstruction.
The SPEAKER. That included the right to object and the right to object was also reserved by the Gentfrom Pennsylvania, [Mr. BiiooiisLL] when he called for the 2nd reading of the resolution.
Mr. RAYMOND. I did not rise for the purpose of objecting to the introduction of the resolution, but to inquire what would be the effect of it. I can state to my colleague [Mr. Coxnuxo] in one word, what was my opinion upon hearing the resolution read: that i it was presented here and referred to the point ComReconstruction it would o equiva lent to a resolution reading, “Resolved by this House” that such and such things should be done. It would be equivalent to positive instructions.
Mr. CONKLING. I would ask how my collgaguc [Mr. RAYMOND] could suppose any such ting?
Mr. FINCK. I rise to a question of order, that there is nothing before toHouse.
The SPEAKER. Objection bein made to the resolution, it is not before the case for discussion.
Mr. CONKLING. It is not ver courteous in the gentleman on the other Sit c, after my colleague has been heard, to object to a reply. ORDER OF BUSINESS.
Mr. HOGAN. I desire unanimous consent to Offer a resolution.
Mr. HOGAN. I desire but a moment or two.
Mr. WASHBURNE, of Illinois. I trustthe House will adhere to the regular orderof business. I have a resolution myself which I desire to offer. But by adhering to the regular order of business every member will have an equal chance to offer such resolutions as he may desire to submit without askin" unanimous consent. The Gentfrom Missouri[Mr. Hoem] knows my friendly feeling toward him; still I must object to his offering aresolution at this time, and demand the regular order of business.
The SPEAKER. The regular order of business is the calling of committees for reports. MUTUAL, ETC., HOMESTEAD COMPANY.
Mr. BOUTWELL. I am directed by the ComJudiciary to ask the especial attention of the House to this bill, for the reason that there is in the committeea divided j judgment as to the expediency of passin it; and also from the circumstance that it is a departure, to some extent, from the general policy of the Government. It is a bill to incorporate aland company, with a capital of $3,000,000; the office of the company to be located in this District, for the purpose of encouraging emigration to and settlement in the States lately in rebellion against the Government The ostensible and I believe the real purpose of the persons concerned is to encourage emigration to and to furnish facilities to persons, white or black, to purchase land in that section of the country.
Mr. WASHBURNE, of Illinois. In order to appreciate the remarks of the Gentfrom Massachusetts, [ML Bohrwnnnd I would suggest that the bill be read at length.
The SPEAKER by unanimous consent, laid before the House the annual report of the superintendent of Public Printing; which was referred to the ComPublic Printing, and ordered to be printed. MUTUAL, ETC., COMPANYAGAIN.
Mr. DAWES. I observe, Mr. Speaker, that the amendments of the committee propose to strike out the names of several corporators from the States lately engaged in the rebellion. I desire to in uiro o my colleague [Mr. Bour wmm] what is the objection to having corpora tors from those States, if they are properpersons?
Mr. BOUTWELL. My colleague will observe that there are still remaining in the list of colorators the names of several persons from c States to which he has referre. The names which the committee propose to strike out are the names of persons in regard to whose loyalty and political relations to this Government the committee could not obtain exact information.
Mr. DAWES. Ine ticethatamongthenames goposed to be stricken out is that of Joshua il, of Georgia. Has my colleagueany doubts in reference to the loyalty of that gentleman? I have regarded Mr. Hill as one of the most loyal men of the South.
Mr. BOUTWELL. If my colleagues estimate of that gentleman is correct, the committee of course have no objection to him.
Mr. DAWES. I would not, of course, desire to have the name of Joshua Hill retained in this bill if I had myself any doubt on the subject of his loyalty; and if my colleague, or any other member of the House, has any good reason for doubting iIt, would of course withdraw any suggestion of that kind. But, so far as I am concerned, I have been struck with the course which, as I have understood it from the public news a ers, Joshua Hill has pursued during the whole period of the rebellion. I was a personal friend ofhis before he leftthis House. I now that at that time he refused to follow the lead of other members from georgia and other southern States; and while they with drew from this House, leaving their States without representation here, he, contrary to the whole policy of those members, resignedhis seat and went home; and there in Georgia he has always been, as I have understood, a true, loyal man. In the late Georgia convention Joshua Hill spoke freely on that subject. There his loyalty to the Union never failed. There never was a time, sir. he said. if it had been in his power, he would not have crushed the rebellion from the beginning. There never was a time when he did not pronounce it to be the work of madmen. Still, Mr. Speaker, I may be mistaken; but while I would join my colleague in his desire to exclude anybody from this corporation about whom there may be any reasonable doubt, I have a strong conviction that Joshua Hill is one of the few remarkable men of the southern country who maintained his loyalty against great odds and amid great danger and peril, and I hope that his name will be retained in this bill for that very reason. My colleague seems to have some information satisfactory to him; but I think those around me, who wore in the congress to which I refer will bear testimony to the fact that Joshua Hill in that congress was an exception to the other Representatives from the southern States.
Mr. DAVIS. I desire to make an in niry of the Gentfrom Massachusetts, ren cred necessary by the fact that, when he was making a statement of amendments to the bill I was momentarily absent from the Hall. I desire to inquire whether there is any limitation to the amount of property that may be held and the amount of profit that may be divided? I understand from the honorable gentleman that there is no such limitation Upon the profits, and Isuggest, before the bill should be passed, that a limitation shall be imposed upon the roiits and the capital of the company. As the bill now is, this may become a monopoly for all sorts of speculation; If the bill does not contain such a provision of limitation, I give no tice that at the propertime I will move such an amendment.
Mr. BOUTWELL. Mr. Speaker, I will refer to the suggestion of my co eague 1st. The name of Mr. Hill was omitted on account of the absence of information, rather than because of the existence of any knowledge of a political character. If the gentleman is of the opinion that he is a 10 a1man, I think that the committee will not o ject to the restoration of his name to the bill.
Mr. DAWES. Some doubt arose as to Mr. Hill in reference to his being a member of the confederate congress. I have the information that he was not amemher of that congress, and that he refused to hold office of an kind under the confederate government. he Mr. Hill who held office was another man. A and I state, further, on the sugcation of my friendfrom Ohio, [Mr. BINGHLM, that Mr. Hill was the Union candidate for Governor of Georgia. I think that there cannot be a question or a suspicion of Mr. Hills loyalty being undoubted., Mr. WILSON, of Iowa. Mr. Speaker, I will state one reason why the committee struck out certain names. They believed that all of the persons whose names are struck out belohged to the exceted classes in the amnesty roclamation of the President. We did not think it proper to confer corporate powers upon such peeple.
Mr. DAWES. I know that Mr. Hill, in the Georgia convention, was taunted by rdoned rebels with the fact that a man who adbeen a Unionist during the war, while they were defcndin the cause of Georgia, was held in contempt y the people of that State. He was further taunted that he was not. thought as well of here at Washington as the man who had against the Union, becausehe had not succfeoeugehdt in being pardoned. mr Hill replied that he did not believe that a man could stand better here at Washington with the Executive and authorities who had served the cause of the rebellion, even though that was the cause of the o le of Geor in, than the man who had stood by the flag of the country, although a resident of Georgia. Mr. Hill said: “I shall never alter the conviction which has ban the motive for my conduct duriu the war, although it maytake me out of the sphere o influence and confidenceat Washington.” Said Mr. Hill: “There never was a day when, if it had beenwithin mypower. I would not have crushed this rebellion as one of madness which has brought ruin upon my State and country.” Therefore there can be no question on the subject; and I am anxious that Mr. Hill shall be able to say to the rebels that what they taunted him with was not true.
Mr. BINGHAM. I desire to inquire of my friend whether it is not within his recollection that, when Georgia seceded, and her Representatives on this floor, recognizing that act of secession, vacated their seats and went back to geor in, Mr. Hill stood here and refused to follow their example, and when nothing else was to be denc, resigned like a man?
Mr. DAWES. My recollectionis that alon time after the representatives from Georgia leg this House, Mr. ill left it, and in his speech resigning his seat he was emphatic in the condemnation of the act of his colleagues, and in the most impressive manner urged upon them to return to their senses.
Mr. BOUTWELL. After the remarks that have been made, and the little opportunity I have had of conversing with m associates, I will ask that the name of Joshua ill be omitted fiom the proposed amendment.
Mr. wASHBURNE, of Illinois. This is a very important bill; the amendments have only been read from the Clerks table, and I hope the gentleman will consent to postpouc the matter and have his bill asumen edprinted. This is an extraordinary measure, according to in judgment. It proposes to establish a mammot corporation, with $3000,000 capital, and endow it with special rights. I hope the House will not act hurriedly upon it, and trust that the gentleman will consent to have it printed and the consideration of his proposed amendments postponed to some future day.
Mr. BOUTWELL. Mr. Speaker I would willingly accede to the su" estion of the Gentfrom Illinois, [Mr. xsuaunsnj it it can be carried out upon an understandi, or an order of the House, that this bill is to e considered and disposed of at an early day. It is now the middle of January. I understand that these corporators have already several hundred persons with whom they are in correspondence, and who expect to go upon those lands in sea son for agricultural operations in the coming spring; and hence, if this bill is to be of an value, it should be passedimmediatel. I thin the main question is one which this House can readil unerstand, whether the bill should he passe at all.
Mr. SMITH. I concur entirely in the remarks just made by the Gentfrom Massachusetts [Mr. Bourwsu. who introduced this matter this morning. I have been informed by many of these ntlemen, whose names have been read, thatt ey have, as already remarked, several hundred persons who have agreed to emigrate to these States south for the purpose of putting in crops this sprin, that they may produce cotton, sugar and whatever else be ongs to that section o country and it is true that unless those people can go there soon, very soon, it willbe impossible for them to enter upon their labors advantageously during the present year. It is well known to every man who understands the culture of cotten, or sugar, or rice that he must begin his work, not as we do in the western country, or further north us late in the season as April or May, or even June but he must begin in January, and he must work through Janua, February, and on till the next January. Au there are 1,000s and 1,000s of acres of land lying in that count uncultivated, with no purpose on the part o anybody to work the land at all. There ore if this company, having a good purpose to accomplish, as consider it to sent? the working masses of the country who are unable to go themselves are willing to advance their money and build up homesteads upon these large plantations, it is well that this House consider the matter at an early day, and give these people an opportunity to make a livelihood for themselves. I hope the suggestion of the Gentfrom Massachusetts [Mr. Bourwsnn] will be concurred in, that if the bill must go back to the committee, or if the amendments must be printed for the benefit of the House, the House will fix a very early day when the bill shall be acted upon and passed.
Mr. BOOK. desire to state in a word the reasons that induce me to dissent from the opinion of the majority of the committee in relation to this bill. It will be seen that the bill provides for the incorporation of a company with a capital of $3,000,000, and gives them power to lease or purchase and hold lands, and to sub let, sell and convey the same for use, settlement, and cultivation, to lend money on mortgage of lands or pledges of growing crops, With a view to promote tereorganization of labor, &c. It provides for the incorporation of a stock company that shall open books of subscription and shall have power to do the things which are enumerated. It seems to me that this is a novelt in Federal legislation; that while many States have been accustomed to in corporate companies within their borders whose business is exercised entirely outside of the bet ders of the States where the corporation is made, such has not been the history of legislation in Congress. Companies have not been incor porated by congress which shall act in the States exclusive y. If this system of legislation is adopted, it seems to me to be a fair precedent for the incorporation h Congress of any kind of companies, for manu acturing or banking, or any other purposes, and snperseding by the action of Congress the action of the State Legislatures entirely upon the subject of incor porations. The powers conferred upon this company are very great. There is no individual iability of the corporators. I was constrained to believe that it was not proposed that a corporation of this kind should lie created by Federal legislation to operate exelusivel out side of the DistCol, and in States where, if such an incorporation is desirable, it might be had by the agency of State legislation.
Mr. SLOAN. rise for the purpose of inquiring of the gentleman who reperted this bill in what proviSion of the constitution he finds the power of Congress to organize corporations for this object? I cannot understand under what power of Congress we can embark in legislation of this character. It is entering into an entirelynew field of legislation, and, in my judgment. it ought to be well considered before action is taken upon it. In addition to the objections pointed out by the Gentfrom Illinois, I desire to suggest another . The State of NewYork has felt to a great extent the evil of individuals holdinglarge and extensive tracts of land, and leasing them out for long terms of cars. Now, this evil will be greatly aggravate and extended if you or “ganize corpOiations, with the means of commanding very large capital, with the power of purchasin any amount of real estate, any amount o land in the acceded State, holding it for any length of time, and sub letting it without restriction as to the number of years or the terms. In the State of Wisconsin we have provided by law, and I think by the constitution, that leases shall not be entered into which shall extend be end the period of 15 years.
Mr. BOTWELL. One of the amendments reported by the ComJudiciary limits the lite of this corporation to 5 years. Every lease taken or given by the corporation must terminate within the period oftive years. All their sales of land must be made within the period of 5 ears.
Mr. SLOAI. Isubmit to the gentlemnn that this is a question which should c more fully considered, and that the bill and amendments should be printed and laid before us before action is as edupon it.
Mr. BOUTWLLL. I would ask whetherby general consent this bill cannot be passed over today, and printed, and come up tomorrow in the mornin hour.
The SPEAKER. The morning hour will expire in about 5 minutes. The ComJudiciary are entitled to another morning hour. If this bill be ordered to be printed and recommitted, and the ComJudiciary have another business to occupy the remain der of e morning hour today, they will have power to reart it back tomorrow.
Mr. be [wELL. Can it not be ordered to be printed without being recommitted?
The SPEAKER. The bill must be pending when the morning hour expires if it is to come up again tomorrow. The morning hour will expire in a few minutes. Has the committee any business to occupy the remainder of the morning hour?
Mr. BOUTWELL. Well, I will take this opportunityto replyto the inquiry made by the Gentfrom NewYork, [Mr. DAVIS] that while I would be disposed to limit the profits of this company if it were practicable, if any suggestion cos d be made which was feasible as to the use to which any surplus profits shall be applied, it appeared, I think, to the committee that it would be difficult to devise any practicable scheme by which these profits could e limited or any surplus appropriated. If the Gentfrom NewYork [Mr. Dans] can suggest a plan that is at once just to the corporators and reasonable and properin its other provisions, I am sure it will meet with no opposition from the committee. In regard to the suggestion made as to the authority of Congress to pass thisbill, Ican only say that we have precedents in the line of this bill in insurance companies incorporated in this city with power to do business t roughoiit the country. I believe it was only during the last congress that we passed a bill creating a navigation company, called “the Potomac River Navigation Company, ” and various other companies, institutions, and corporations. These precedents existing, and being known to the committee. it is just to the committee to say that they did not deem it necessary to inquire into the question of the constitutional power of Congress to create corporations of this sort.
Mr. INGERSOLIn I would ask what is the present condition of this bill, and whether it is now open to amendment?
The SPEAKER. Aniendments are proposed by the ComJudiciary. amendments to those amendments and amendments to the original bill would be in order when the gentleman obtains the floor to offer them.
Mr. INGERSOLL. Then I would ask the Gentfrom Massachusetts [Mr. BOUTWlILI.] to allow me to move an amendment to this bill.
Mr. BOUTWELL. I yield to the gentleman for that purpose.
Mr. INGERSOLL. I move to amend section 2 of this bill by adding thereto the following: r Provided. That said corporation shall provide for all landless poor. without distinction of color. who may apply, a homesteadof not less than 160 acres of land free of charge.
Mr. GRINNELL. Put in “and provide agricultural implements.” 1866. 255
Mr. JOHNSON. I suppose the Gentfrom Illinois [Mr. Ixesasonn] refers to Maxi milians land.
Mr. INGERSOLL. I refer to any land this company may get the control of.
The SPEAKER. Theioruing hour has expiIrre.
Mr.BOUTWELL. I move that this bill with the proposed amendments be printed. The motion was agreed to. ENROLLED BILL.
Mr. COBB, from the ComEnrollBill. reported that that committee had examined an found truly enrolled a JtResolution of the following title:JtResolution (H.R.No. 18) anting public property to the Soldiers Orphans Home, of Iowa; when the Speaker signed the same. GRADE 01 GENERAL IN THE ARMY.
Mr. DEMING. I am instructed by the ComMilAffrs to report back from that committee House bill No. 8, to revive the grade of general in the U.S. Army and to move that the same be printed, and recoinmitted to that committee. The motion was agreed to. COLLECTION OF IMPOSTS.
Mr. DAWES, by unanimous consent, introduced a hill to amend an not entitled “An act to provide for collection of imposts” which was read a 1st and 2nd time, reerred to the ComJudiciary, and ordered to be Printed.JtCom ON RECONSTRUCTION.
Mr. STEVENS. I move to proceed to the business on the Speakers table. The motion was agreed to. The 1st business was the following concurrent resolution from the Senate: Resolved by the Senate(the HoRep concurring, )That theioint committeeappointed to inquire into the condition of the States which formedthesoeallsd confederate Statesbeauthorised to sendfor personsand papers.
Mr. STEVENS. I move that the House concur in the resolution,
Mr. BROOKS. Will the Gentfrom Pennsylvania [Mr. SisVENS] inform this House how long a time, in his opinion, will elapse before we can have some report from the JtCommee after this investigation?
Mr. STEVENS. Everything done in that committee is a secret, and hence I cannot possibly give any information.
Mr. BROOKS. The gentleman must have joined the KnowNothing society, to which it was formerly said some other gentlemen be.
Mr. STEVENS. But we do not belong to that branch of the society that swears. [Laughter]
Mr. BROOKS. The Gentfrom Pennsylvania might, perhaps, give us his private opinion, not as organ of the committee, at his own private opinion as to how long a time will elapse before we will have here some representation from a large portion of this country. Or in another form, if the time is likely to be very long, will he not introduce a bill to have Representatives from those States as territorial Delegates?
Mr. STEVENS., In in judgment, the time will be so long that I shall very glad to, and probably may, upon my individual responsibility, introduce a bill to provide civil governments for those Territories.
Mr. BROOKS. It must be very satisfactory to a large portion of the people who are to be taxed to have no representation here.
Mr. STEVENS. Well, they have taxed as considerably; I call for the previous question.
Skip Skip The previous question was 2nded, and the main question ordered. Mr. FINCK called for the yays&nays upon concurring in the resolution. Mr. JOHNSON called for tellers upon the question of ordering the yeas&nays. Tellers were ordered; and Messrs. were appointed. The House divided; and the tellers reported that there wereayes 26; noes not counted. So the yeas&nays were ordered. The question was taken; and it was decided in the afiirniativeyeas, 125, iiays 35, not voting 22;. Mr. Tunas, was detained from the House by sick BOSS.R. NIBLACK stated that his colleague, Mr. Vooaiinss, was unavoidably detained from the House. The result of the vote was then announced as above stated. BARNEY CAIN. Senate bill No. 53, an act for the relief of Barney Cain, was taken from the Speakers ta ble, read a 1st and 2nd time, and referred to the ComInvalidPens. REV. JOHN C. JACOBI.
Mr. SCHENCK, by unanimous consent, moved that the ComMilAffrs be discharged from the further consideration of House bill for the benefit of Rev. John C. Jacobi and that the same be referred to the ComClaims. The motion was agreed to. CLAIMS FOR HORSES IMPRESSED, ETC.
Mr. SCHENCK, by unanimous consent, also moved that the ComMilAffrs be discharged from the further consideration of a resolution relating to claims for horses, & e., imgressed into the service of the U.S.; an that the same be referred to the ComClaims. The motion was agreed to. STARK, STAUIFER and COMPANY.
Mr. SCHENCK, by unanimous consent, also moved that the ComMilAffrs be discharged from the further consideration of the petition of Stark, Stauffer dz Co., asking payment for a lot of bar iron kc. taken atNewOrleans by MajorGenlButler for the use of the U.S.; and that the same be referred to the ComClaims. The motion was agreed to. CAPTAIN JONATHAN HUNT.
Mr. SCHENCK, by unanimous conse t, also moved that the committee be discharged from the further consideration of the petition of Cap taiu Jonathan Hunt, askin compensation for military services rendered ghimself and his company, under orders from rigadier General John Meneil, commanding the district of sonth ardingj llonan, west Missouri, and that the same be referred to the select comWarDebts of the loyal States. The motion was agreed to. NAVIGATION OF OHIO RIVER.
Mr. MOORHEAD, by unanimous consent. submitted the following resolution; which was read, considered, and agreed to: Resolved. Tlla the ComCommercehe instructed to inquire into the expediencyof an appropriation by Congress. not exceeding$100,00Of or the improvement of the Ohio river between Pittsbiirg, Ponnsylvanin mnd Buflingtons Island. WestVirginia, the moneyto be expended under the direction of a practical rivermnn. to beappointedby the President and to report by bill or otherwise. PERSONAL EXPLANATION.
Mr. KASSON, having obtained unanimous consentto makeastatement, said: Mr. Speaker, my attention has been called by the Gentfrom Ohio [Mr. BINGHAM] to an error which I committed yesterday in quoting from memory a sentiment which I understood him to utter in the speech which he made the other day. I referred to the gentleman as having said that the negro troops “ won for us the victory.” He called my attention to that this morning. I referred to the Globe as containing his remarks as published, and I find that in quoting from memory I did him injustice. The sentiments he declared were the same as I uttered yesterday on that subject, the essential declaration being that they did their duty unshriiikingly and defiantly, doing their full share in securing the final victories for our armies. I am anxious always to correct any mistake I may have made.
Mr. BINGHAM. I understand the gentleman to say that the limitation as published in the Globe is what I said. I will say that it is in accordance with the notes as written out by the reporter. I know that it is what I did say. I know it is exactly what I meant. SUFPBAGE IN THB DISTCOL. The morninghour having exired, the House, a eeable to order, resumed the consideration of the bill (H.R.No. 1) extending the right of suffrage in the DistCol; on which Mr. JULIAN was entitled to the floor.
Mr. GARFIELD. I desire to ask the gen. tleman whether, in his reference to the opinion of John Stuart Mill, he quotes that distinguished writer as in favor of unqualified suffrage?
Mr. JULIAN. No, sir. I quoted from him i simply to show his opinion as to the measure of intclligenee deeme by him necessary to qualify men for sutira e. I quoted the extract because it sustains the point I am arguing.
Mr. GARFIELD. I did not ask the question with a view of opposing any doctrine the gentleman is advocating, but merely to suggest that Mr. Mill, in the volume from which the gentleman has just quoted takes strong ground in favor of sutiragerestricted by educational qualifications.
Mr. HILL. Mr. Speaker, I understand my colleague to base his argument in favor of negro suffrage in the DistCol upon the personal right of suffrage. I desire to ask my colleague whether he regards that use personal right elsewhere than in the DistCol; and whether, as a citizen of Indiana, where, it is notorious, negroes have not for years past been permitted to migrate, he is willing to extend that right to his own State?
Mr. JULIAN. I shall refer to that question presently; and answer it, I think, to the satisfaction of m colleague.
Mr. DAV S. I desire to make an inquiry of the Gentfrom Indiana. Does he propose to extend the right of suffrage, which be proposes to confer upon the negro race, to the Indians, who are the original inhabitants of this country?
Mr. JULIAN. I have alread said that neither race nor color should stan in the way of suffrage as a natural right. The people, in accordance with the fundamental principles of democracy, must regulate the whole question of suffrage. A portion of our Indians, who have become citizens and civilized, have already been made voters. There may be practical dif ficulties in the regulation of the right of sudrage as to savage tribes in their transition from bar barism to civilization, but I do not see how they affect the soundness of my position.
Mr. DAVIS. I understand the gentleman to say that this is a natural right, and that none are to be denied its exercise. I ask the entleman when the founders of the “ Old ay Colony, ” the Puritans, reclaimed jurisdiction over numerous wild and savage tribes, if they would have been safe in giving to those Indiana the right of suffrage?
Mr. JULIAN. If the gentleman had list ened to my remarks his question would proba bly have been deemed unnecessary. I endeav ored to show, in the 1st art. of my argument, that the authority of the Government to relate the right of suffrage that is, to prescribe the manner and lcircumstances of its exercise does not contravene the right itself as natural. I commend him to a careful perusal of that part of in speech. Of course I would have withheld the ballot in the case stated, for the same reasons that suffrage is withheld from infants, idiots, and madmen. In saying this I do not see that I abandon the ground of the natural right to a voice in the Government of a civilized people as to its citizens., Mr. D VIS. Ibeg the gentlemans ardon. I was out of the Hall and did not hear t at. part of his 5 ccch.
Mr. ELLEY. In reply to the Gentfrom NewYork, I would like to inquire of my friendfrom Michigan [Mr. Dnicos] whether the Indians, who filled the ranks of a regiment from his own State in Burnsides corps, when it passed through this city, are not voters in his district?
Mr. DRIGGS. They were. The laws of the State provide that all civilized Indians, not be longing to a tribe or recognizing a chief, shall be allowed the right of the elective franchise. I think there are about 400 Indian voters in my district, and nearly all of them voted for me. I may add, as pertinent to the question, that not only are Indians allowed to vote, but they have represented districts in the State Legislature, and in one instance an Indian was a candidate for judge of the circuit court.
Mr. DAVIS. I believe that civilization presumes something of education. That has been my understandin of the word civilization ever since I could rea. I have never said that where Indians have been civilized they should nothave the right of suffrage.
Mr. RANDALL, of Penns ly ania, obtained the floor; but stated that he csned to yield aportion of his time to Mr. SlTGREWES.
Mr. STARR. I would like to ask my colleague whether I understood him to state that the Democratic Legislature of NewJersey provided for the support of the 1st troops whch were sent in 1861?
Mr. STARR. I beg leave to say that that measure was adopted in opposition to the Dem ocratic portion of the Legisl) then an American party in the Legislature, and the Democrats made it a party question upon votin for the appropriationa strict. party question and the Erirecutive of the State was not in the hands of the Democracy at that time.
Mr. KELLEY. Will my colleague yield to me for a moment?
Mr. RANDALL, of Pennsylvania. Certainly.
Mr. KELLEY. I do not understand my colleague to deny that colored men were voters at the foundation of the Government, and thence down to 1835. Do I rightly understand him?
Mr. RANDALL, of Pennsylvania. I do not deny that some colored people in Pennsylvania voted down to the year 1835. But I say that according to the judgment of the court they voted ill 1], when they had no right to vote. fill.
Mr. RELLEY. In other words, that in 1835 we had a Dred Scott decision in the State of Pennsylvania.
Mr. RANDALL, of Pennsylvania. It was no fabulous or madeup case at all, but a case upon the facts.
Mr. KELLEY. Does the gentleman mean to say that the Dred Scott case was a fabulous case?
Mr. KELLEY. The gentleman is slightly mistaken there. When was quite a young man, and somewhat active in the Democratic party, I united with others in petitioning the gislature of my State to initiate a change of the constitution so that every man who was not a superor a felon could be a citizen in the full enjoyment of the privileges of citizenship; and I have not a constituent, whether he belongs to my party or that of the gentleman, who does not know thatI plead the cause of justice and right, and advocate the extension of suffrage to every taxpayin adult male citizen who has not been convicte of crime.
Mr. RANDALL, of Pennsylvania. I am glad the gentleman has informed me what his record He says, in the course of his 1866. 261 is. But I want to know whether his action during the last canvass was in favor of negro suffrage? and I want to know if he is willing to answer the question, whether he is willing to go before his constituents at the next election upon that issue? I ause for a reply.
Mr. KELLEY. If there be in my district a house into which I have not put a copy of my remarks on negro suffrage, and the gentleman will give me the name of the proprietor, I will send him one. I mean that every man in the district shall know just where I stand, and that I am anxious to give every laboring man the right and iower to protect the interests of labor at the ballotbox.
Mr. RANDALL, of Pennsylvania. Yes, air, the gentleman is willing that every man in his district shall knowthat he is in favor of imposing negro suffrage upon people that he has no interest in or connection With, that he has no right to represent, except through the agency of the constitution. But, sir, Will he go before his constitaents and advocate a propositionto strike out the word “white” from the constitution of Pennsylvania? I appeal to the history of the party in Pennsylvania to which the majority here belon. The distinguished gentleman at the head of the ComAppropriat [Mr. Srsvsxs] reported the Republican plat form for Pennsylvania, and I ask whether negro suffrage for me any art of that platform?
Mr. KELLEY. he gentleman says I am willing to impose negro suffrage upon people here in the district whom I have no right to represent.
Mr. RANDALL, of Pennsylvania. I said fexcppt through the agency of the Constitun.
Mr. KELLEY. That excepts the whole case. I was going to refer to our constitutional duty, for I have supposed that under the constitution it was made this duty of Congress to legislate, and not only to legislate, but that it should exclusively legislate for the District.
Mr. RAIN DALL, of Pennsylvania. I admit all that and yetin the face of the expression of opinion such as we havehad here in the district, almost unanimous, and with a vote larger, except in a few instances, than has ever been before polled in this city, we find the gentleman voting to force negro suffrage upon the people Of this District, and failing to ta e any steps to give the same right to the people whom he directly represents, the colored portion of the peable o Pennsylvania.
Mr. KELLEY. I would like to ask my colleague [Mia RANDALL] whether any steps can now be taken on that subject, or whether the constitution of Pennsylvania does not provide that it shall be amended only once in 5 years? and whether it was not amended so as to let our soldiers vote 2 years ago, to the great disst of the Democratic party I
Mr. RANDALL, of Pennsylvania. Yes, sir; the constitution of Pennsylvania provides that. the step toward procuring an amendment to that constitution shall be taken at a certain period; and that is the step which I wish to see my colleague have the boldness to take in reference to this question of negro suffrage.
Mr. KELLEY. Which step the gentleman will find nieready to take as soon as time opens the door which is now barred against the movement.
Mr. RANDALL, of Pennsylvania. Let me ask the gentleman whether, when the republican part adopted its platform at Harrisburg last fa l, that was not the time to declare the true intent of that party on this question of negro suffrage. I know that, when it was af firmed, during that campaign by the Democratic orators, that the true intention of the Republican party was to introduce negro suffrage, the charge was vehemently denied. That cunning litician, Mr. Cessna, the chairman of the republican State Central Committee, went so far as to issue an address denying that the right of suffrage was a question in the canvass. [y colleague fought under the banner of that Gentleman, indorsing, I believe, everything that he I desire only that the true history of Pennsylvania and the true history of the now dominant party in that State, in reference to this subject, shall be fairly and fully known. When my colleague niiirms that the negroes had the right to vote in Pennsylvania up to the period of the adoption of the constitution of 1838, and that the Democratic party were alone responsiblefor depriving them of that right, I desire that he shall exhibit all the facts, so that this House may understand the whole case, not merely a art of it.
Mr. KELLEY. Does the gentleman mean to intimate that I did not advocate colored suffrage during the last canvass in Pennsylvania?
Mr. RANDALL, of pennsylvnnia. 1 did not hear eve speech that the gentleman made; but I rea the reports of very many of them, and I never heard or saw anything in his speeches in reference to that.
Mr. KELLEY. It may be that the gentle man did not read it in the newspapers; utlet him inquire in all the counties in which I spoke, mm the Delaware to Lake Erie, and it was in a majority of the counties on that long line, and he will not find a man, woman, or child who heard me who will not tell him that I advocated colored suffrage.
Mr. RANDALL, of Pennsylvania. I ask, Mr. Speaker, why the gentlemans party did not put that principle in the platform. Acting with that party, the gentleman was talking one way and looking another, like the boy in the boat, who looked one way and rowed another. The party with which the gentleman acted wanted to gull the people, their orators saying in one place that they were in favor of no to suffrage, and in another place declaring that they were against it. I admit that in north western Pennsylvania some of the advocates of that party threw down the gauntlet, and raised the question of negro suffrage directly; but in every other part of Pennsylvania they ignored that question.
Mr. KELLEY. I will only remind the gentleman that the 20th and 24th wards of Philadelphia are not in northwestern Pennsylvanian and in both of those words I advocated colored suffrage, apparently very acceptably to the people.
Mr. RANDAL, ot Pennsylvania. I have given the gentleman an opportunity to answer my question, and I have answered every question which he has proponnded to me. I now desire to ask him whether he is in favor of amending the constitution of Pennsylvania by striking out the word “white” in the clause definin the qualifications of electors.
Mr. UZLLEY. I reply to the gentleman that I am in favor of striking out that word “white” as soon as the constitution will permit. I have a high regard for Franklin, Benezet, and the men who with them laid the foundations of our Government and gave to the english langun o one of the grandest things in its iterature, the preamble to the act of 1780, by which Pennsylvania, in the midst of the war of the Revolution, gave to the world the 1st example of the members of a rulin class, in gratitude to God for blessings bestowc on them, conferring freedom and citizenship upon their slaves. 1 had rather, sir, pass my life in humble privacy, surrounded and sustained by the spirits of those good and great men, than have the multitude shouting a plause for my efforts in a bad cause in the Halls of Congress, or elsewhere. I am for so enforcinv the provisions of the constitution of the U.S. that its interpretation and application shall be in accordance with what Ii believe Washington and Madison to have understood it to express. I do not wish to impose upon SCarolina and Mississippi what I am not ready to adopt in Pennsylvania; and as the constitution confides the election of members of Congress to those who have the right to vote for the lower House of the Legislature, I believe it has also the power to decide who shall vote for the lower House of the Legislature. Therefore, sir, I hogs we will pass a law defining who shall vote for the lower House of a Legislature in each and eve State of the Union. That willsettle all our ifficulties, and thenceforth armed rebellion will be impossible.
Mr. RANDAL, of Pennsylvania. I am glad to have extended an opportunity to the gentleman to make this addition to his speech. owever, I desire that the oison shall have the antidote to follow it. Ont e question of negro suffrage I shall vote in accordance with what I find to be the uniform opinion of my State, without regard to party. I believe that the races are distinct, ” inevitably distinct, ” in the language of Mr. Meredith; and believing that, I am unwilling to take any step in this congress which WI 1 place that inferior race upon an equality with the white men of the country. I will o as far as any gentleman, allowing to the colored people all the thrift and happiness which may come from intellectual culture; but when it comes to giving them the power to govern the white men in certain localities then am against it. I am against anything which looks to the social and political equality of the white and black races. Therefore I shall vote against the present bill.
Mr. DARLIN obtained the floor. CONFIDENCE IN TILE PansIDENr.
Mr. DAVIS. Mr. Speaker, I rise to a privileged question. I desire to make a correction of the Journal of the House. On the 10th of January, I had the honorto submit a resolution in reference to the policy of the President, and a mistake has occurred in its engrossment. I ask that the resolution may be read as I offered it.
The Clerk read the resolution, as follows: Resolved. That the House cherish the mostentire confidence in the patriotism and nbilityof the POTUS and in his desireto restore the Union on a basis of permanent prosperity and peace and that the oofiperation of this Houso is pledged to him in support of the General policy of reconstruction inaugurated by him in the modes authorized by the constitution apd consistent with the security o republican institutions.
Mr. DAVIS. It will be observed that in the printed resolution the language is changed, and it becomes a resolution dec ng that this House cherish the most entire confidence in the patriot ism and policy of the President. I did affirm by the resolution that we cherish entire confidence in the patriotism and ability of the President, and in the general oliq which he proposes to inaugurate. But did not intend to commit myse nor to commit this House to a declaration of confidence in every measure or act of the President in reconstruction, and I do not wish to go out before the country as sayingthatiu everything the President has done, he has done what I would have done or what I can conscientiously in all things approve. I did not approve entirely and in all things the polic of the late President. There were things which I regretted; and I only say that I do not wish now to commit myself in advance by so broad a declaration as is set forth in the resolution as it was incorrectly printed.
The SPEAKER. The C air will state, in response to the Gentfrom NewYork, that he entertains this as a privileged question, as there certainly was a mistake in the printing. As written it reads “patriotism and ability, and it is printed “patriotism and policy.”
Mr. ASHLEY, of Ohio. With the consent of the Gentfrom NewYork, [Mr. DAB Line ] I move that the House adjourn. The motion was agreed to, and thereu n (at 4 oclock p. m.) the House adjourne
@@@IN SENATE SENATE. Wsnnssnsr, January 17, 1866. Prayer by the Chaplain, Rev. E. H. Gnav. The Journal of yesterday was read and approved. Senfrom NCAROLINA.
The PRESIDENT o temporc. The Chair has received the cre entials of Hon. William A. Graham, of NCarolina, showing that he was elected a Senator of the U.S. from that State for 6 years from the 4th of March last; and, incompliance with the previous practice of the Senate in such cases, these credentials will be received, if there he no objection, and laid upon the table. They are laid upon the table. EXECUTIVE COMMUNICATIONS. The President Protempore laid before the Senate a communication from the SecyWar, transmitting, in compliance with a resolution of the Senate of the 19th ultimo, information in relation to the number of major and brigadier generals of volunteers, where they are stationed, and what duties they are performing which, on motion of Mr. WILSON, was referred to the ComMilAffr and the Militia, and ordered to be printed. He also laid before the Senate a communication from the SecyWar, transmit ting, in compliance with a resolution of the Senate of the 19th ultimo, information in relation to the number of men now in service in the regular Army, what number of officers are holding commissions, where said officers are stationed, and what duty they are performing which, on motion of Mr. Witsos, was referred to the ComMilAffrs , and ordered to be printed.
Mr. CLARK, from the ComJudiciary, to whom was referred the bill (S.No.34) in relation to the qualifications of jur ors and to writs of error in certain cases, reported it with an amendment.
Mr. CLARK. The same committee, to whom was referred a bill (S.No.14) in relation to the qualifications of jurors in certain cases, have instructed me to ask to be discharged from its fur vther consideration, the matter being provided for in the bill just reported. The report was agreed to.
Mr. D1 VIS, from the ComPensions, to whom was referred the petition of Peter anderson, praying to be allowed arrears of pension, reported a bill (S.No.79) for the benefitof Peter anderson; which was read, and passed to a 2nd reading.
Mr. NYE, from the ComNavAffrs, to whom was referred the petition of J. B. Rittenhouse, fleet paymaster of the U.S. Pacific s uadron, praying that he may be relieved from a l responsibility for the loss of the public funds occasioned by robbery while on duty in Panama, submitted a report accom anied by a bill (S.No.80) for the relief of J. Rittenhouse, fleet paymaster of the Pacific squadron. The bill was read and passed to a 2nd reading, and the report was ordered to be printed. CONDITION OF THE SOUTHERN STATES.
Mr. ANTHONY. The ComPrintg, to whom was referred a resolution to print 100,000 copies of the late message of the POTUS on the condition of the States lately in rebellion, have instructed me toreport it. back with an amendment. I ask for its present consideration. There being no objection, the Senate proceeded to consider the following resolution: Resolved, That 100,000 copiesof the late messageof the President on the condition of the Stateslate in rebellion. with thereportsof Lieuten unt Genera Grant and Major General Carl Schurr, and thelettersannexed thereto, beprinted for distribution. The amendment reported by the ComPrintg was to strike out “ 100 " and insert “ten.” The amendment was agreed to. The resolution, as amended, was adopted. MEXICAN FRONTIER.
Mr. CHANDLER submitted the following resolution; which was considered by unanimous consent, and agreed to: Rraohmd, That the POTUS be requestctdo communicateto the Senate, if in his opinion not inconsistentwith the public interest. any letters from Maior GenlSheridan, commanding the military division of the Gulf, or from any other officerpf the Dept of Texas, in regard to the condition of affairs on the southwestern frontier of the U.S and especially in regard to any Violation of neutrality on the part of the army now occupying the right bank of the Rio Grands. BILL INTRODUCED.
Mr. WILLEY asked, and by unanimous consent obtained, leave to introduce a bill (S.No.81) coding to the State of WestVirginia the lands and tenements, with the rights, privileges, and appurtenances thereunto pertaining, be longing to the U.S., and 1ing and being in the county of Jefferson, at larpers licrry, 1n the State of WestVirginia; which was read twice by its title.
Mr. WILLEY. I move the reference of the bill to the ComPubLands.
Mr. GRIMES. I wish to inquire of the senator if the bill does not relate to the armory ounds at Haers Ferry? If it does, it seems me that the bill ought to be referred to the ComMilAffrs. I understand they are now attempting to reestablish the ar mory at that place, and the bill would seem to be more immediatel connected with military affairs than with public lauds.
Mr. WILLEY. I had some difficulty as to. what committee the bill ought to be referred to. I have no objection to itstakiu the direction indicated by the Senfrom own.
Mr. POMEROY. I think the bill should go to the ComMilAtfairs. It is clearly a question for them to determine.
The PRESIDENT protemporeDoes the Senfrom WestVirginia so modify his motion?
The PRESIDENT protempera. The bill will be referred to the ComMilAffrs , if there be no objection. SanFranCISEO LAND cmnu.
Mr. STEWART. I offer the followmg resolution, and ask for its present conSideration: Remlved, That the AttyGen he and he is hereby, requestedto inform the Senntewhat, if any, interest the U.S. have in the roseciitinn of the caseof “The U.S. vermin he city of SanFranciseo, ” and also to give the Senatefull and detailed information asto who are interestedin the successof the U.S. in said case, includin the full namesof the parties, and eachof them, with the natuedro of their claims, and how and from whom do riv.
Mr. MCDOUGALL. Let it lie over until tomorrow. I want to reflect on it.
Mr. STEWART. I think the Senator will have no objection to it. It is a simple inquiry as to who are the parties prosecuting an appeal in behalf of the U.S. Stranve circumstances are connected with it, and I iihould like to have the matter inquired into. The appeal is prosecuted in the name of the U.S. Mr. MCDOUGALL. Very well. The resolution was considered by unanimous consent, and agreed to. GENERAL GRANT, 5 REPORT., Mr. ANTHONY. I offer the following resolution: Resolved. That 500 copies of the report of Lieutenant GenlGrant. already ordered to be printed for the use of the Senate, be furnished to the icutenant General. This does not increase the number of copies, but merely diverts a portion of them from the Senate to the Lieutenant General, which is at the request of his Dept. I ask for the present consideration of the resolution. The resolution was considered by unanimous consent, and agreed to.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. MOPHERSON, its Clerk, announced that the HoRep had passed aJtResolution (H.R.No. 40) directing the SecyWar to postpone the sale of public property at Point Lookout, Maryland, and a bill (. Mr. No. 84) to regulate the times and places of holding the district court of the U.S. within and for the district of Maine; in which it requested the concurrence of the Senate. MILITARY PEACE ESTABLISHMENT.
Mr. WILSON. I moveto take up, with a view of having it brought before the Senate, bill No. 67, reported by the ComMilAffrs.
Mr. HENDRICKS. I desire to ask the senator whether he intends to put that bill on its passage today.
Mr. WILSON. I desire to have it read so as to bring it before the Senate fairly, and then I shall not press it to a vote. I merely wish to have some progress made with it. The motion was agreed to, and the bill (S.No.67) to increase and fix the military peace establishment of the U.S. was considered as in ComWhole.
Mr. WILSON. The ComMilAffrs have rerted a substitute for the bill, and it will not o necessary to read the original bill; I prose to have the substitute read merely. the ComMilAffrs unanimously agreed to report it as a substitute.
Mr. WILSON. I called up the bill for the purpose of having it read and securing the attention of members to it. I do not propose to take an further action upon it this morning.
Mr. SHERMAN. I wish to call the attention of the Senator to one matter, in regard to which an officer has spoken to me this morning. I wish to ascertain whether the construction put by this Officer upon the 4th section is correct. That Section provides that the colored troops shall be officered by officers of colored regiments who have served 2 years during the war. The construction put upon it by the ctheer to whom I allude is that that requires the service to have been in colored regi merits.
Mr. WILSON. It, does not. The original bill might have beeninterpreted in that way, but it has been so ameude as to avoid that. construction. It provides that these officers shall have served 2 years during the war not 2 years in the colored regiments, but 2 years during the war in white or colored regiments.
Mr. SHERMAN. But they must be officers of colored regiments at the time they are appointed?
Mr. WILSON. It means 2 years service in white or colored regiments. To require 2 years service in colored regiments would shut out many of the best officers now in those regiments.
Mr. HARRIS. Can officers be taken who have never served in colored regiments?
Mr. WILSON. The appointments in these colored reriments are to Ibe from Officers who have serve in colored regiments. There are about 200 of those regiments; we propose to take officers in those regiments, but. not requirin the 2 years service to have been wholly there, and to have promotions in the colored regiments as if they formed a separate corps.
Mr. DOOLITTLE. As the Senfrom Massachusetts does not intend to go further with the bill today, although it is a little in advance of the hour fixed for other business, I move that it be postponed, and that the Senate take up the Jtresolution which was introduced by my colleague, and which by his courtes and the courtesy of the Senate was postpone until today at one oclock for the purpose of allowing me to express my views upon it. The motion was agreed to. PROVISIONAL GOVERNMENTS. The Senate resumed the consideration of the Jomt resolution (S.R. No. 11) in relation to the organization of provisional governments within the States whose scOpIc were latcl in rebellion against the U.S., the ening question being on the motion of
Mr. own to refer the resolution to the JtCommee of the 2 Houses to inquire into the condition of the States which ormed the socalled confederate States.
Mr. DOOLITTLE. I ask that the resolution be read at the desk.
The Secretary read it, as follows: Whereas the people of Virginia. of NCarolina, of SCarolina. of Georgia. of Florida. Alabama. Mississippi. Louisiana. Texas. Arkansas and Tennessee have heretofore declared their independence of the Government of the U.S. have usured authority denied to every State by the supreme law of the land. have uhjured duties imposed upon every State by the same law and have wagedwar against the U.S. whereby the politicol functions formerly ranted to those people have been suspended and whicreas such functions cannot yet be restored to those people with safetyto themselves or to the nation; and whereas military tribunals are not suited to the exercise of civil authority: Therefore. [Is it resolved by the Senate and HoRep in Congress mumbled. That local governments ought to be provisionally organized forthwith for the people in eachof the districts named in the preamble cro o.
The PRESIDENT protem ore. The morning hour havmg expired, it becomes the duty of the Chair to call up the unfinished business of yesterday, being the bill (S.No.60) to enlarge the powers of the hrcedmens Bureau.
Mr. JOHNSON. I move that that bill be postponed until tomprrow, in order to allow the Senfrom Wisconsin to proceed With his remarks. The motion was agreed to.
Mr. SUMNER. My friend will allow me just there
The TRESIDING OFFICER (Mr. HENDRICKS in the chair.) Does the Senfrom Wisconsin yield the floor to the Senfrom. Massachusetts?v
Mr. DOOLITTLE. With all my courtesy to my honorable friend, I prefer to go on with my remarks without interruption.
Mr. SUMNER. I should like toremind the Senator
Mr. DOOLITTLE. With all courtesy to my honorable friend Imust decline to give way, because I desire not to have the argument which I am making broken in upon.
The PRESIDING OFFICER. The Senfrom Wisconsin is entitled to the floor, and cannot be interrupted without his consent.
Mr. SUMNER. I only want to say that my language was, “shut out from the communion of the Union, ” not, “from the Union;” they could not be shut out from that.
The PRESIDING OFFICER. The Senfrom Wisconsin is entitled to the floor, and will proceed.
Mr. NESMITH. I desire to address the senate on the pending question, butitis now rather late.
Mr. STEWART. With the permission of the Senfrom Oregon, I move that the Senate do now adjourn.
Mr. NESMITH. I give way for that purpose. PERSONAL EXPLANATION.
Mr. CRESWELL. Before that motionis at, I desire to say a word with the permission of the Senate. I regret exceedingly thatI was not in my seat yesterday when the vote was taken on the motion of m colleague to lay on the table the resolution of the honomble Gentfrom Michigan, Mr. Gunman] Iregretit, sir, because if I ad been present on that occasion I should have voted in favor of the motion of my colleague, and I should have done so in order to express my decided and unqualified appro bation of the manner in which the President has seen proper to conduct the questions with relation to our foreign policy with the Government of GreatBritain; and further to declare itto be my opinion that it is better for the interests of the nation that, for the present, all questions touching those matters should remain in precisely the same attitude in which the presicat has left them by his correspondence. HOUSE BILLS REFERRED.
The PRESIDING OFFICER. Before put ting the question on the motion to adjourn, the Chair asks the indulgence of the Senate to present 2 bills from the House for reference. The JtResolution (H.R.No. 40) directing the SecyWar to postpone the sale of public property at Point Loo (out, Maryland, was read twice by its title and referred to the ComMilAffrrs and the Militia. The bill (H.R.No. 84) to reulate the times and places of holding the district court of the U.S. within and for the district of Maine, was read twice by its title, and referred to the ComJudiciary.
Mr. STEWART. I renew my motion. The motion was agreed to; and the Senate. adjourned.
###HOUSE OF REPRESENTATIVES. Wiznnssnar, January 17, 1866. The House met at 12 oclock m. Prayer by the Chaplain, Rev. C. B. Borxrox., The Journal of yesterday was read and aproved.,
The SPEAKER stated that the regular order of business was the call of committees for reports, the pending business being the bill reported yesterday rem the ComJudiciary (H.R.No. 26) to incorporate the U.S. Mutual Protection Homestead Company, on which Mr. Bourwsu. was entitled to the floor. DEPOSITS OF PUBLIC MONEY.
Mr. LONGYEAR, by unanimous consent, offered the following resolution: I Remlved, That the SecyTreasury be directedto inform this House with what States. if any, depositsof the public money were made, under scetions 13 and 14 ofan not entitled“ An act to regulate the deposits of the public money, ” approved June 21. 1815. together with the dates and amountsofsuchdepositsrcslicctively, and whether the same, or any, and what amountsthereof stillreniam sodeposited, and with what States respectively.
The SPEAKER. This beinga call for executive information, unanimous consent is necessarly for its conSiderntion on this day. “here being no Objection, the resolution was considered, and agreed to. DELEGATE FROM ARIZONA.
Mr. BLAINE. I rise to a question of privis lege, and present the credentia s of lien. oiiN N. Goonwn, Delegateelect from the Territory of Arizona, who is present and ready to take the oath.
Mr. ASHLEY, of Ohio. I am requested by a gentleman contesting the seat of that gentleman to ask to have the credentials read.
Mr. BLAINE. I desire to make a statement connected with this matter.
The SPEAKER. If there is no objection, it may be made.
Mr. BLAINE. The election in Arizona took place on the 1st Wednesdayin Septemberlast. The law of the Territory requires returns to be made, certified by the acting SecyTerritory, to the Governor within a specified number of days. Thgy were so certified, and the Governor of the crritory having himself the highest number of votes in the election, cer tified the returns and forwarded the credentials to the Clerk of this House, and his name was called on the roll on the 1st day of the session, just in the same manner that Representatives elect were called. But unwilling to let it rest there, Mr. Goonwm resents credentials in do plicate, certified by Mr. McCormick, then see retary, and now acting Governor of the Territory, which credentials I now send to the Clerks desk and ask to have read.
The Clerk read the credentials, as follows: 1n: ooviiimoa or rim riiimironv or uiizosa, To all who:(benc prevents come, grcrlin!): Whereas the asst secretariof the Territo of Arizono, on the 2d day of Date or A. D, 1865. as certified to me that returns have been received of the election held on the 1st lednesday of September, A. D. 1865f, orDelegate in Congress fromthis crritery for the term commeiicinirhlarch4. 1 from nllthe counties in said Territory, and that ohn N. Goodwm, in said Territory, has the largest number of votes: Therefore, I hereby declare John N. Goodwin to be dul legally elected Delegate in Congress from the territory of Arizona for the term aforesaid. In testimony whereof I have hereuntosetmy hand and caused to be affixed the great seal of the Territory of Aiisonn. Done at Prescott this 30th dav of November, in the year of our Lord 1. R, I CHARD C. McCO RMICK. ctma Governor.
Mr. Goonwnr then appeared and was qualified by takinlg the oath to en port the constitution of the U.S. u er the act of July 2, 1862. BAYOU SARA MAIL COMPANY.
Mr. SMITH, by unanimous consent. introduced a point resolution for the reliefof the hNewOrleans ayoii Sara Mail Company a which was read a 1st and 2nd time, and referred to the ComJudiciary. DELEGATE FROM ARIZONAAGAIN.
Mr. ASHLEY, of Ohio. I present the me morial of Charles D. Poston, contesting the seat of Hon. Joux N. Goonwiiv as Delegate from the Territory of Arizona. I move that it be referred to the ComElections, and printed.
Mr. DAWES. It is customary to refer such petitions to the ComElections, and they are authorized to have printed such matter as they deem necessary.
Mr. ASHLEY, of Ohio. ferred. The petition was referred to the ComElections. POINT LOOKOUT, MARYLAND.
Mr. SCHENCK. I am instructed by the ComMilAffrs to report aJtResolution, renesting the SecyWar to suspend the an e of Government buildings and other property at Point Lookout, marland, and to ask the immediate action of the House upon it. I send the resolution to the Clerks desk, and will make an explanation of the necessity of action at once, if there is to be action at all.
Mr. WASHBURNE, of Illinois. I have no objection if the mornin hour has commenced.
The SPEAKER. e morning hour has not commenced. It was cut off by a question of privilege. The 1st business in order is the cal of committees for reports, commencingwith the ComJndiciary. Does the Gentfrom Massachusetts Mr. Bowman] yield to the Gentfrom Ohio?
Mr. SCHENCK. Members of the houseare probably all aware that Point Lookout is where the Potomac enters into Chesapeake bay. There are some 3 or 400 acres of land there, upon which, before the war, there were buildings occupied as a wateringplacegen orally, or perhaps altogether, frame buildings. They were taken during the war for hospital purposes, and there was also established there a depot for prisoners. The buildings at that time were worth comparatively but a small sum to the owners or anyone else; but the U.S., during the war, expended at that place, in the construction of buildings and other improvements, perhaps at least $150,000. The SecyWar has advertised for sale those improvements and buildings, and the furniture in the buildings, and other property of the Government now there; and that sale is to take place tomorrow. In the mean time a patriotic ady has secured a title to the property, and proposes to present that property as a donation to the National Naval and Military Asylum, which was incorporated last March by Congress, as a home for soldiers and sailors isabled in the service, provided the Government would also give this public property, consisting of the improvements made. The subject was referred to the ComMilAffrs, but there has as yet been no time afforded to that committee to consider it. The subject only came before the committee this morning for investigation. What we ask now is that until Congress shall have time to look into the matter and consider the propriety of accepting the donation of this lady, the SecyWar shall be directed to suspend this sale, which otherwise will go on toniorrow. If the sale takes place tomorrow, the probability is that $200,000 worth of property will be sold for a mere song. The sole o ject of the resolution is to stop the sale until there can be an investigation and action by Congress.
Skip Skip The JtResolution was read a 1st and 2nd time, orderengross, and read a 3rd time; and being engrossed, was accordinglty read the 3rd time and passed. Mr. SCHENCK mtRtv the JtResolution was passed; upon the table. Agreed to. Pnivitson or run noon.
Mr. KASSON, by unanimous consent, subWell, let it be remitted the following resolution; which was read, considered, and agreed to: Resolver], ThatHon. GeorgeM. Chillirott. claiming a seatin this Houseas memberfrom Colorado be admitted to the privilege: of the floor pending the consideration of his claim. CAPTAIN JOHN FAUXCE.
Mr. RICE, of Massachusetts, by unanimous consent. introduced a ioint resolution for the relief of Captain John haunce; which was read a 1st and 2nd time, and referred to the ComNavAffrs. MUTUAL HOMESTEAD COMPANY. The House resumed the consideration of House bill No. 26, to incorporate the U.S. Mutual Protection Homestead Company. The pending question was upon agreeing to sundry amendments reported from the ComJudiciary.
Mr. BOUTWELL. The amendments reported from the ComJudiciary are upon the desks of members in a printed form. I am furtherdirected by the committee, informally, to move to amend oneof the amendments of the committee by striking out the name of “Joshua Hill, Georgia, ” the effect of which will be to restore him to the place be occupied in the original bill as one of the corporntors and I will also move to add the name of William E. Chand ler, of NewHampshire, to the list of corpora tors named in the bill. I will now call the previous question on the bill and pending amendments.
Mt. BROOMALL. Will the Gentfrom Massachusetts [ML Bocrwuu. withdraw that call for a moment to allow me to ask him a ques non?
Mr. BROOMALL. I would call the attention of the gentleman to the provision in the 3rd section, by which this corporation is permitted only, not required, to open books for the subscription of capital stock, and allow the public generall an opportuuit to subscribe. I wouId ask the gent eman whether he has any objection to modify that section so as to make it obligatory on the corporation to open books. That can be done by striking out the words “whenever said company may deem it useful or necessary in prosecuting the objects afore said, they may and insert the words “said company shall and the 4th section should then be amended by striking out the words “un til the company may provide for the subscription of stock. ”ith that alteration I am willing to vote for the bill.
Mr. BOUTWELL. I have no objection to the modifications suggested by the Gentfrom Pennsylvania [Mr. Bnoonsnt]
Mr. BOUTWELL. now call the previous question, and if the call is sustained, I will then make some exlanations to the House.
Mr. BROMWELL. Will the Gentfrom Massachusetts [Mr. BOUTWELL withdraw the call for the previous question for a moment, as this is a matter of cat importance?
Mr. BOUTWELL. Ipropose, alter the previous question is sustained, to take what time may be left of the morning hour for explanation of the bill. MLBROMwELL. Ihopethe previousquestion will not be sustained, and that important measures like this willnot be forced t rough this House in this way.
Mr. BOUTWELL. Have I the right, Mr. Speaker, to a certain length of time after the previous question is 2nded? The SPdBAKER. The Gentfrom Massachusetts, [Mia Bourwang] having reported the bill from the ComJudiciary, has the right to open and close debate upon the bill. He Will, therefore, be entitled to an hour after the previous question shall be 2nded.
Mr. BINGHAM. Will not that cut off the remarks of other members who may desire to debate this bill?
The SPEAKER. That is for the House to determine. If they sustain the demand for the gravious question it will indicate a desire to close e ate
Mr. SCHENCK. I would ask the Gentfrom Massachusetts
Mr. Bowwan. to make his explanations be ore he calls the previous question, as upon those explanations might depend very much my vote upon the call for the previous question. 1866. 277
Mr. BOUTWELL. Very well; it there is no objection, I will make such explanations as I am able to make, and such as may be desired by gentlemen; and the time may be considered as taken from what I would be entitled to use after the previous question is 2nded. The S
Mr. BAKER. That can be done only by unanimous consent.
Mr. BROOMALL. I must object to that, unless others are allowed to state their objections to this bill.
Mr. ASHLEY, of Ohio. Has not the Gentfrom Massachusetts [Mr. BOUTWELL] the right to go on for an hour, then callthe previous question, and if that call is sustained, close the chute with another hour?
The SPEAKER. The Gentfrom Massachusetts has already use up the hour allowed him to open the debate.
Mr. ASHBURXE, of Illinois. I should be glad to hear the remarks of the Gentfrom Massachusetts, although I propose to settle the whole matter by moving to lay the bill and pendin amendments on the table.
Mr. BOUTWELL. In order to give members a further opportunity to consider this bill, and to debate it if they please, I will move to refer this bill with the ending amendments to the ComWhole.
Mr. ELDRIDGE. I rise to a point of order. I submit that the time of the Gentfrom Massachusetts Mr. Bourw sLij has expired.
The SPEAK Mr. The Chair allows the Gentfrom Massachusetts to occupy the cortill he decides what motion he will make. He will please decide as soon as possible. The Gentfrom Wisconsin [3 Mr. ELDRIDGE] objects to further debate unless other members be allowed to take art in the debate.
Mr. BOUTWE. Under the circumstances, Mr. Speaker, I am disposed to settle this matter today if we can. I will therefore demand the previous question, although I would not do so under other circumstances.
Skip Skip Mr. FINCK. I move that the bill, with the pending amendments, be laid on the table, and on that motion I demand the dyeas&nays. The yeas&nays were or cred. The question was taken; and it was decided in the affirmativeycas 120, nays 32, not voting 30; Mr. SMITH. mtRtv just taken. I desire that that motion shall be entered. Mr. ANCONA. on the table. Mr. FINCK. I rise to a point of order, which is that the Gentfrom Kentucky [Mr. SMITH] has no right to make the motion to reconsider, as he did not vote With the prevailing side. The SPEAKER. Did the Gentfrom Kentucky vote with the revaiing side? Mr. SMITH. I vote “ no.” The SPEAKER. Then the Gentfrom Kentucky has not the right tomake the motion to reconsider. Mr. FINCK. mtRtv the bill and amendments were laid on the table; on the table. Agreed to.
Skip Skip LEAVE or ABSENCE. Mr. ROGERS. I rise to a question of privilege. My colleague, Mr. Nawm. 1., is absent on account of the death of his uncle, and he will necessarily be away all the week. He had not. the opportunity to obtain leave of absence before he went away. I now ask leave of ab sence for him. Leave was granted. DISTRICT COURT IN MAINE.
Mr. WILSON, of Iowa, from the ComJudiciary, reported back, with an amendm ent, a bill (H.R.No. 81) entitled “An actto regulate the times and places ofholding the U.S. district court of the U.S. within and for the district of Maine.” The amendment reported by the committee, which was read, proposes to strike out the 2nd section of the bill, as follows: That. in addition to the salary pow fixed by law for the judge of the U.S. district court for said district there shall be allowed and paid him for his travel from the place of his abodeto the said several placesof holding said terms of and eourt. at the rate of 20 centspermile for Being and 20 cents permile for returning.
Mr. PIKE. Mr. Speaker, I hope that the amendment will not revail. The object of the bill is to make 2 n ditional terms of the court in different parts of the State. It increases the traveling expenses of the judge. The position he holds is a responsible one. necessitatin large labor, and requiring judicial learning an capacity, both of which the judge now possesses in a high degree. The present salary is $2,000, a scanty sum, certainly, for such a place. The etfect of the amendment would be to pay the traveling expenses of the judge while holding his court in the remoter sections of the State, giving him but a small additional compensation, I cannot say how much, but perhaps a couple of hundred dollars a year and I hope, Mr. Speaker, that the House will not concur with the committee, but will allow the section to stand as in the bill I presented.
Mr. WILSON, of Iowa. Mr. Speaker, the 2nd section provides a mode for increasing the sole of the U.S. district judge for the district of Maine; but I think instead of increasing the compensation of the judge only $200 a year, it will increase it from 500 to 1,000 dollars a year. It will be observed that the mileage provided in the section is 20 cents permile. The ComJudiciary have reperted against all topositions to increase the compensation o judges of U.S. courts, not because it was believed they are paid such sal aries as persons should receive in positions of that kind, but because the House hasinvariably voted down propositions of this character. We havepropoeitions from other sources to increase the salaries of other judges; and we presumed it to be best in this 1st report to report adversely as an indication of what will follow in all other cases.
Mr. PIKE. Mr. Speaker, I will say, with the gentlemans permission, that I spoke some what at random about the sum necessary to pay travel as provided in the bill, and if he has made calculations it may be that he is nearer right than I am. If so, I am willing to modify my proposition so far as to take 1/2 the amount c names. This is not an ordinary case of increase of pay, because the bill imposes additional duties, and these additional duties consist of this additional travel, involving additional expense.
Mr. CONKLING. Why not fix the amount of increase of salary in the bill so that we may understand exactly what it is?
Mr. PIKE. I have no objection to that. I am willing that it shall be provided the increase shall not exceed a certain sum in anyone year.
Mr. CONKLING Isuggestto the Gentfrom Iowa that this House has not uniformly been opposedtoinercasingthesalaricsoijndges. I remember, in the district in which I live, the salary of the judge has been increased within 3 years; perhaps more recently, within 2 years. I doubt very much whether the House would new object to an increase of salary so much as they objet? to an indirect increase, which mav he more, or which may be less.
Mr. PIKE. To meet the VICWFoi the Gentfrom NewYork, I will move to add that the additional pay shall not exceed the sum of $300 in an one year.
The SPEAKER. Does the Gentfrom Iowa yield for that nrpose?
Mr. WILSON, of owa. I cannot accept that modification of the amendment of the committee; but I am willing to allow the sense of the House to be taken on the amendment.
Mr. PIKE. I will say, with the permission of the Gentfrom Iowa, one word further on this subject. This bill calls for the holding of court at places more than 200 miles distant from the residence of the judgc. a great part of the way by stage route, so that the expenses to be incurred by the judge in holding these additional terms a proximate, if they do not exceed, the propose addition to his salary. I now move the amendment which I have suggested, that the increase shall not exceed $300 in anyone year.
Mr. WASHBURNE, of Illinois. Itthis court be abolished, the $300 will o on.
Mr. WILSON, of Iowa, emanded the previous question.
Skip Skip The previous question was 2nded, and the main question ordered. The House divided on Mr. Piims amendm ent; and there wereayes 71, noes 28. Mr. WASHBURNE, of Illinois, demanded the yeas&nays. The yeas&nays were not ordered. The amendment was agreed to. The question recurred on striking out the section as amended. Mr. WASHBURNE, of Illinois, demanded the yeas&nays. The yeas&nays were ordered.
Mr. STEVENS. I wish to inquire where the court is now held.
Mr. PIKE. In Portland, Wiscasset, and Bangor.
Mr. STEVENS. How large will the circuit be I
Mr. PIKE. From Portland, where the judge resides, to hIaClilflSSOIHG 200 miles.
Mr. PIKE. Afireatportion ofitis bystagp.
Mr. BROMWE L. would inquire Oft a Gentfrom Maine what salary the judge now receives.
Skip Skip The question was taken; and it was dectded in the negativeyous 72, nays 73, not voting 37; So the amendment was not agreed to. The bill was then orderengross and read a 3rd time; and being engrossed, was accordingl read the 3rd time. Mr. WILSO, of Iowa, demanded the previous question on the passage of the bill. The previous question was 2nded, and the main question ordered; and under the operation thereof the bill was passed. Mr. WILSON, of Iowa, mtRtv the bill was passed; on the table. Agreed to. SUITEAGE IA, THE DISTCOL. The morning hour having expired, the House resumed the consideration of the bill (H.R.No. 1) extending the right of suffrage in the DistCol; on which Mr. muss was entitled to the floor.
Mr. WILSON of Iowa. I ask the Gentfrom NewYork [Mr. DARLING] to yield to me a moment, that I may make a brief statement in retard to the bill under consideration.
Mr. DARLING., I yield to the gentleman for that purpose.
Mr. WILSON, of Iowa. Several gentlemen desire to be heard on this bill, and yet Ithiuk we may at this time fix an hour for taking a vote on the pending question. Isuggest, therefore, that half past t irec oclock tomorrow be fixed as the time for taking the vote. I believe the gentlemen who desire yet to be heard will have ample time, if we fix that hour, to make their speeches. Of course I desire, after the debate is closed, time to reply, if I find it necessary to do so. I wish to state in addition that, in order that there may be a full understanding, I accept the amendment moved by the Gentfrom NewYork [Mr. HALE] to my motion to recommit the bill, in order that there may be a vote had a on that motion, with the instruction thus in c uded. It was my intention, when I made the motion, to withdraw it without asking a vote on it; but several gentlemen desire avote upon this instruction, and therefore, for the purpose of enabling them to have that vote, accept the amendment, so as to allow the vote upon that motion to reconnnit with instruction.
Mr. STEVENS. Do I understand the Gentfrom Iowa [Mr. WILSON] to be in favor of the amendment, or only of allowing the motion to be made?
Mr. WILSON, of Iowa. That motion isal 7 ready pending. I shall myself vote against the motion thus modified. But I desire to afford Gentlemen an opportunity to vote upon it, as many of them I know desire that I should do so. Therefore, at the time I suggested tomorrow, I shall move the previous question on the question.
Mr. CO. KLING. Before my colleague proceeds, I ask him to yield to me not exceeing 5 minutes.
Mr. CONKLING. I avall m self of the Courtesy of my colleague to save the trouble of answering by etter some inquiries and misunderstanding with regard to a proposed constitutional amendment which I introduced a do or 2 ago. Byinadvertence no doubt, forwhic nobody is to blame, the reportin the Associated Press mangled the amendment into nonsense. The 2 amendments proposed in alternative are in there ortfused into one, and misstated in addition. special dispatch to the Tribuneim plies that the point of the amendmentis to conne the basis of representation to “citizens” as distinished from “ persons.” I beg to say, therefore, 1st, that e purposeis not at all to restrict the basis of representation to citizens. No such point as that was considered at allas the object aimed at in preparing the amendment. That question is foreign from the spirit of the amendment; entirely independeut of it. The use of the word “person” or the word “ citizen" disposes of that question in all amendments on this subject alike; and the one basis or the other does not enter into the motive or object of my proposition. The idea is wholly ditierent. My sole purpose is to get rid of the present injustice and inequality of representation between different sections of the country, arising from the fact that 4 million people who have now no political rights are, in the present condition of things, to be represented in Congress whenever southern Representatives shall be admitted to seats. The entire object is to devise such a mode of adjusting representation that if race or color is made a ground for with holding political or civil rights the consequence shall be to deduct the whole of that race from the enumeration upon which political power is based. Its excellence, if it has any, consists in the fact that it prevents evasion, and insures the nation against votes to be cast in congress in future on account of those who in truth have no political status in the country.
Mr. BLAINE. I want to ask the gentleman to allow the amendment offered by him, and recorded on the Journal of yesterday, to be read, because unless I seriously miss prehended it, it provides that representation 5 all be determ ined by counting the whole number of the citizens of the U.S.
Mr. CONKLING. Most certainly that was its form, and it is not necessary to take up time to read it, as the gentleman would have seen had he been within hearing when I commenced my remarks. I had alread explained that that question is wholly aside from the purpose oi the measure. The amendment is the same, as to the real point of it, whether the word “persons ” or citizens” be inserted. “Citizens” was in the copy sent up only proforma. My own reference and judment are for “persons, notfor “ citizens, in this connection. I return now to the explanation that the whole point of the amendment was to exclude from the basis of representation the entire race, no matter what it may be, which, or any part of which, is excluded from political standingon account of race or color. Iagree with my friendfrom Maine that it ought to be “persons, ”al though the amendment now reads “citizens.” I am much obliged to my colleague for yield in to me to make this explanation.
Mr. WILSON, of Iowa. Before the Gentfrom NewYork [Mr. Hans] begins his remarks, I beg to be allowed to suggest that, by general consent, the vote on the motion to I postpone shall not be taken until tomorrow.
Mr. DARLING. I do not desire to press my motion to a vote until the motion of the Gentfrom Iowa comes up.
The SPEAKER. The Chair understands that neither motionwill be pressed to a vote until tomorrow at half past 3 oclock.
Mr. HALE. Mr. Speaker, the debate before the House having taken a wide range, I beg leave to ask for the reading of the amendment which I had the honor to submit the other day, and which constitutes, as I understand, the question before the House.
The Clerk read, as follows: Amend the motion to recommit by adding to that motion an instruction to the committee to amend the bill so 113to extend the right of suffrage in the DistCol to all persons coming within either of the following classes. irrespective of caste or color. but subject only to oxistimt provisions and qualifications other than those founded on caste or color, to wit: 1. Those who can read the constitution of the U.S. 2. Those who are assessed for and pay taxes on real or personal property Within the District. hose who have served in and been honorably discharged from the military or naval service of the U.S and to restrict such right of suffrage to the classes above named, and to include proper provisions can rluding from the right of an razo those who have borne arms against the U.S. during the late rebellion, or given aid and comfort to mid rebellion.
Mr. GRINNELL. I ask whether the Gentfrom Illinois did not beg pardon of Mr. Douglass for making such a comparisen.
Mr. HALE. The gentleman wlll excuse me. His question is too far outside the range of my discussion for me to answer it here.
Mr. FARNSWORTH. Will the Gentfrom NewYork crmit me to explain?. a
Mr. FARNSWORTHI As the gentieman has referred to me, I will state that I d com it highly proper, in a discussion of this kind, in using vures of comparison, to take extreme cases. If I recollect right, however, M the time I made the comparison I exressly asked pardon of Frederick Dou lass or using his name in that connection. am very ha py to have had occasion to speak in commendation of that gentleman, both as to his ability and his character.
Mr. DARLING. Will my colleague allow me to ask him a question?
Mr. DARLING. I desire to ask him whether there is not in the State of NewYork a qualified suffrage, a discrimination as against the colored people, and whether the Union or republican party of that State is not on record as against the property qualification required of colored men there to enable them to be voters; whether that party is not in favor of abolishing that property qualification.
Mr. IFALE. I answer my colleague that I do not pretend to be thoroughly informed as to the history of any political party. I have no knowledge that sit or the republican or the Union party in the State of NewYork is, or ever has been, on record for the repeal of the present constitutional provision. It may all have been. 4
Mr. DARLING. I desireto sayto the House, with the gentlemans permission, that there is no reason why we should be in a particular hurry to pass this bill now before the House, as the election in this District does not take place until the month of June and at that election no one can vote who has not been registered for 6 months. Therefore, under the election law of this District, the passage of this bill would be a mockery, a farce, a delusion, and a snare, so far as the negro population are concerned. [Here the hammer fell.]
Mr. RANDALL, of Pennsylvania. Mr. Speaker, my colleague says that I have established no foundation for the ease I have cited of Hobb against Fogg. I have shown that it was the supreme law of the land; that it. was the supreme law of the State of Pennsylvania. The gentleman does not den that fact. If he says that it has no weight I have only to leave him in that position. So long as it is constitutional law judicially decided I claim forit the consideration of this House.
Mr. THAYER. If the gentleman had taken the trouble to listen to my argument he would not have made this interruption. The House, or thatportion which listened to my argument, will remember perfectly well the point I made when I referred) to my colleague from the 1st district. I did not deny that there was the decision he referred to of Hobb against Fogg. I did not deny that it was made 30years ago, and that it was the law of Pennsyvania, having been made by the highest judicial tribunal of that State. I do not controvert the correctness of the gentlemans citation. What Isaid was, that we had not been asleep during the last 30 years. Why, Mr. Speaker, are we to earn nothing from the great trials and revolutions throug which we have passed? When the institution which lay at the bottom of this discrimination has been broken into pieces, ground into powder, after 4 years of war, which was be u for its maintenance; when no fragment of it is left in the southern States are we to be told that a “tuppenny” case, cited by the gentleman here from a report made 30 years tigo in the State of Pennsylvania, is to answer an arment founded upon the interests of justice an the duty of the country?
Mr. RANDALL, of Pennsylvania. If the gentleman will allow me a moment, I only asserted that that was the law. The argument of the gentleman cast a reflection upon the judment of the court in that case. Now, I go further, and say that, in obedience to the law set forth in that case, and in obedience to the will of the people of that State, the convention called to amend the constitution of that State inserted the word “white” so that the judgment of the court could be carried out without equivocation or evasion.
Mr. THAYER. Will the gentleman tell me, if he pleases, what that has to do with the argu 1nent I
Mr. RANDALL, of Formsylvania. I did not interrupt my colleague, but only rose to ask whether he did not admit that was the law as settled by the highest j udicial authority of Pennsylvania. Havmg had a response, my object in risin has been accomplished.
Mr. HAYER. The gentleman has not list ened to my argument. I did not deny that it was the law of Pennsylvania. WhatI said was that it had nothing to do with the subject before the House, that it had no bearing upon the subject, and was therefore no answer to the or ument that justice and the best interests of lhe country required the right of suffrage to be given to that class in this District, although it was decided in the case of Hobb against ogg that a negro should not vote.
Mr. whFIELD. Does the gentleman mean to assert that the antiquity of that decision deprives it of sanctity?
Mr. THAYER. I will answer the gentleman with great pleasure. It is altogether practically useless, because this decision was made while the constitutional convention was in session.
Mr. THAYER. I believe it was a case got up for the purpose of having effect on the convention.
Mr. STEVENS. Will the gentleman allow me one word? I had the misfortune to be a member of that convention. [Laughter.] It was called mainly to change the tenure of the judges, to make it elective instead of appointive. The question in regard to negro iiu rage was also known to be coming up, and it was thought that that would help to bring about the calling of a convention. The judges of the supreme court did not want a convention because they were satisfied with life tenure; and just before the election took place upon the question of calling the convention, the judges got up this case outside, and thought in that wan to prevent the calling of a convention. I now all about it. [Laughter.]
Mr. THAYE. As my colleague [Mr. Sm vnns] was a member of the convention, he is the best possible authority for an thing flint relates to this particular matter so hr as it has any bearing nporythat convention. I hope the gentlenian from Pennsylvania [Mr. RANDALL] is answered.
Mr. RANDALL, of Pennsylvania. No, sir. My colleague [Mr. STEVENS] who was a member of the convention may by his sarcasm think he has disposed of this matter, and of the supreme court judges with it; but he cannot rub out the law written in the statutebook.
Mr. THAYER. It must be obvious to every body that the case to which the Gentleman refers, and which seems to constitute all the artillery that the gentleman has in his arsenal, is of no conscqnence whatever, because the convention of Pennsylvania which satirnmediately after the decision did iit the word “ white” into the constitution. bus that case, upon which the gentleman places so much emphasis, becomesof no possible consequence.
Mr. RANDALL, of Pennsylvania. The decision of the court was the law of the State, because it was a construction of the constitution of 1790 as to the meaning of the word “free man.”
Mr. THAYER. “Fill the gentleman tell me what that has to do with the argument?
Mr. RANDALL, of Pennsylvania. I am going on to answer. If the gentleman had listened to my argument yesterday, he would have understood that. I cited that case in answer to certain statements in regard to the history of Pennsylvania, made by my colleague, [Mr. KELLEY], which not only made my allusion to the case in point proper, but overwhelming against my colleague, who stood there almost dumb, unable to answer and the gentleman today is unable to answer.
Mr. THAYER. Which colleague does the gentleman refer to?
Mr. RANDALL, of Pennsylvania. The Gentfrom the 4th district [Mr. KELLEY.]
Mr. KELLEY. It was I that was struck dumb! [Laughter].
Mr. THAYER. do not know that I have anything to do with that.
Mr. VANHORN, of NewYork, obtained the floor.
Mr. KELLEY. Will the Gentfrom NewYork allow me a moment?
Mr. KELLEY. I beg leave tomention an istorical fact in connection with that convention. It will, I am sure, provoke no reply from anybody. The constitution of 1838should have been signed by all the members of that convention. t lacks one signature. There was one honest, earnest friend of humanity in that conVention who refused to put his name to it because of the retrograde movement it made in reference to the question of suffrage. He declined doing so until the word “white” should be stricken out. I hope to live to see the day when that name shall be put there. It is the name of THADDEUS STEVENS. [Applause]
Mr. CHPANLER. I ask my colleague to allow me a word.
Mr. VANHORN, of NewYork. I decline to yield.
Mr. CHANLER. It is in regard to that very question; it is but to ask a question.
Mr. CHANLER. Then I deny every word he utters and demand a full and explicit statement.
The SPEAKER. The Gentfrom NewYork [Mr. VANHORN] has declined, and he must proceed without interruption.
Mr. CHANLER. I again ask the gentleman to yie.
Mr. VANHORN of NewYork. I prefer not to at present. The gentlemans speech in the Globe speaks for him.
The SPEAKER. The gentleman must reply positivel whether he iclds or not.
Mr. CHANLER. protest against misrepresentation of myself by the gentleman. The gentleman has no right to continue his course of argument after it has been specifically denied unless he
Mr. CONKLING. Mr. Speaker, I rise to a question of order. When my collea uc declines to yield it is not in order for his colea c, by force of lungs, to attempt to inject anyting into the gentlemans speech that he does not want there.
The SPEAKER. The Chair asked the Gentfrom NewYork [Mr. VANHons] whother he yielded the floor, but could not get a pos itive reply. Gentlemen must state positively whether they allow interruptions, and if the Gentfrom NewYork now says he declines to yield, the Chair will rotcct him.
Mr. KELLEY. Vith the permission of the Gentfrom NewYork. I will state that one of the colored people of this District ays taxeson $200,000 wortho property Yaccumu ated by himself; and that when we abolished slavery in the District one of them, a laboring man, held a mortgage against the estate of Senator Douglas for $12,000, and a mortgage against the adjoining house also, the property of Senator Rice, for $6,000.
Mr. CLARKE, of Kansas. As the hour is late and I do not desire to go on now, I am willing tiht at the House shall adjourn. [Cries of “ No!” No In ]
The SPEAKER. The chairman of the ComJ diciary notified the House that he would bring this question to a vote at half past 3 oclock tomorrow, and thereare a number of gentlemen who desire to speak.
Mr. CONKLING. I think we had bettergo on. It wants a quarter to 4 oclock.
Mr. CLARKE, of Kansas. Well, itanygentleman desires to speak tonight, I will yield to him with the understanding that I am to have the floor tomorrow. AMENDMENT TO THE CONSTITUTION.
Mr. LAWRENCE, of Ohio, by unanimous consent, introduced a JtResolution proposing an amendment to the constitution of the U.S.; which was read a 1st and 2nd time, and referred to the ComJudiciary. LAND GRANT TO IOWA.
Mr. PRICE, by unanimous consent, from the ComPacificRR, reported a bill to amend an act for a grant of and s to the State of Iowa in alternate sections to aid in the construction of railroads in said State, approved May 12, 1864; which was read a 1st and 2nd time, recommitted to the committee, and ordered to be printed. GEORGE C. JOHNSON.
Mr. LAWRENCE, of Ohio, by unanimous consent, introduced a bill forthere iefof George C. Johnson; which was read a 1st and 2nd time, and referred to the ComClaims. CHARLES F. anderson.
Mr. RICE, of Maine by unanimous consent, introduced a bill for the relief of Charles F. anderson; which was read a 1st and 2nd time, and referred to the ComPubBldg and Grounds. LAND GRANT to WESTVIRGINIA.
Mr. LATHAM, by unanimous consent, introduced a bill granting lands to the State of WestVirginia, to aid in the construction ofrailroads; which was read a 1st and 2nd time, referred to the Committee on Roadsand Canals, and ordered to be printed. NAVYYARD IN MARYLAND.
Mr. PHELPS, by unanimous consent, submitted the following resolution; whichwas read, considered, and agreed to: Resolved. That the Superintendent of the pffice of the U.S. Coast Survey furnish to this House astatement of the advantages, if any. that the pay tuxent river, in the State of Maryland, possessesfor the establishment of a national navyyard. stating the depth of water in which a properharbor can be reached in said river. giving a description of such harbor, its size and soundings, whether or not obstructed by ice in the winter, its facilities for defense in time of war. its distancefrom the city of Washin ten, the nature of the land adjaecntthorcto and sue other factsin connectiontherewith as may be known to such Superintendent. MISSOURIVOLUNTEERS.
Mr. ANDERSON, by unanimous consent, introduced a JtResolution for the benefit of certain volunteer troops of Missouriwho served during the war which was read a 1st and 2ndtime, and referred to the ComMilAffrs. BOUNTIES. On motion of
Mr. PERHAM, by unanimous consent, the ComInvalidPens were discharged from the further consideration of the bill of the House (No. 116) granting bounty and additional beauty to soldiers, sea men, and marines, in the war of 1861, or their heirs, and the same was referred to the committee of Claims. WILLIAM iicmms.
Mr. PERHAM also, by unanimous consent, from the ComInvalidPens, made an adverse report on the petition of William McClure, of elierson county, WestVirginia; which was laid on the table, and orderedto be printed. THE FRENCH EXPOSITION.
Mr. RAYMOND, by unanimous consent, presented resolutions of the Chamber of commerce of NewYork in regard to the French Exposition, and moved that they be referred to the ComForAffrs, and printed.
Mr. CONKLING. ITibpe my colleague will assure the House that the reference of these resolutions to a committee will not commit the House or o crate as an instruction to the com; mittec. I have been afraid, ever since yesterday morning, that presenting resolutions for reference does commit somebody.
Mr. RAYMOND. I assure my colleague that there is not in these resolutions any phrase which can possibly beget the suspicion, as his did, that they can be so construed.
Mr. CONKLING. I am very much obligedfor the assurance. I was afrai that the reerence of the resolutions might commit us in some wa. Iii}. RAYMONDS motion was then agreed to. A. M. JESS.
Mr. HENDERSON, by unanimous consent, introduced a bill grantinglands to A. M. Jess, of Oregon; which was read a 1st and 2nd time, at d referred to the ComPrivLandClms.” PENSION LAWS.
Mr. KUYKENDALL, by unanimous consent, introduced a bill amendntory of the General acts regardin pensions which was read a 1st and 2ndtime, an referred to the ComInvalidPens. EVENING SESSION.
Mr. SMITH. I rise to a privileged motion. As there are several members who desire to be heard on the bill which has been under discussion today, and some of them probably will not have a chance to do so should the chairman of the ComJudiciarya [ML will son, of Iowa] call for a vote at ha f past 3 oclock tomorrow, I move that the House take a recess until half past 7 oclock this evening, for the discussion of that bill only.
Mr. STEVENS. I think it would be better to take a recess until tomorrow at noon.
The SPEAKER. The Chair will remind Gentlemen that a few moments ago when he made the inquiry whether anyone desired to speak this afternoon no one appeared ready to do so.
Mr. STEVENS. As the best way to decide the matter, I will move to adjourn.
Mr. SMITH. I will withdraw my motion for a recess.
Mr. STEVENS. As that decides the matter, I will withdraw my motion to adjourn. JAMES E. HOBSHAN.
Mr. NOELL, by unanimous consent, introduced a bill for the relief of James E. Hors man; which was read a 1st and 2nd time, and reTerred to the ComClaims. SOLDIERS, ASYLUM IN MISSOURI.
Mr. NOELL, byunanimous consent, also submitted the followmg resolution; which was read, considered, and agreed to: Resolved, That the Committee on thoMilitia be instructed to ineuire into the expediency of Congres making an appropriation for the state of missouri, for the purpose of purchnsing asuitablesitcand buildings, to be used as an asylum for the loyal soldiers of Missouri volunteers iini militia. disabledin the service of the U.S and that said comnutteo report by bill or otherwise. CENSUS REPORT MANUFACTURES.
Mr. HOGAN, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Resolved That the SecyInterior be reuestedto have compiledin ta ular form ii. statement a kine dwsi, ngtheaggregate amount of inanutactures. of all in each city and Village in the U.S. having a population at 10,000 personsand up ward, as shown by the census 011860;the statement to exhibit the capital and the number of persons employed in said manufacturcs. as Well as the value of the productsthereof, and the number of personsre siding in said cities undyillages respectively and to transmit the sameto this House. RAILROAD IN CALIFORNIA and OREGON.
Mr. PRICE, by unanimous consent, from the ComPacificRR, reported back House bill No. 138, granting lands to aid in the construction of a railroad and telegraph line from the Central Pacific railroad, in California, to Portland, in Oregon; and moved that the same be printed and recommitted to the committee. The motion was agreed to. SHIP ART UNION.
Mr. RICE, of Massachusetts by unanimous consent, introduced a JtResolutionto change the name of the ship Art Union to the name of George M. Barnard, and asked the imme diate action of the House thereon.
Mr. ELIOT. I object. I cannot consent to have this JtResolution passed without its heing 1st considered by the ComCommerce.
Mr. RICE, of Massachusetts. This is not a commercial ship, but a State ship, attached to the State reform school.
Mr. ELIOT. Then I withdraw m objection.?10 JtResolution was then rea a 1st and 2nd time, orderengross for a 3rd reading; and beingengrossed, it was accordingly read the 3rd time,aud passed. NAVIGATION OF THE OHIO RIVER.
Mr. HILL, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Rrmlreil. That the Committee onRoads and eanals beiiistrncted to inquire whnt further legislation, if any, is necessaryto improve the navigation of the Ohio river. betweenits mouth and the city of Cincinnati, and cspeiiallylat the falls of said river, near the cit of Louisville, Kentucky. with leave to report by bilior other wrseat the earliest practicable period.
Mr. GRIDER. I ask unanimous consent to submit the follomng resolutions, and that they be relcrred to the jomt ComReconstruction: Rewleed, that the U. S. Governmentgrants the power peaceably, or ifnce essaryby arms, “to enforce the laws, supprmsinsurrection and repel invesion:" but the General government cannot by any action whatever destroyitself nor the State governments: nor can the Stategovernmentsdestroyeither, or legally disturb the harmonyof the wh olc. All the grants and powers under the constitution are conlervative, none destructive; whereforeall the States have beenand are alwa in the Union. Resolved, That when the U.S. Government suppressed the insurrectionit only vindicatedits constitutional power and precXistingrihts, and nomore; and the rights and powersof the odoral and State Governments areal remitted back and umothe samecondition and relations sustainedbe rethe insurrection, and (except so far as altered or amended) remain unim aired and in full force and virtue. Resolved, hat the law of Congress opportioninl Representativesto the several States (inc uding the insurrectionury Statm) under the census of 1860is constitutional and valid and that members of congressfrom all the States, regularly electedunder said aw, are entitled forthwrth to their seatsupon taking the oathof office to support the constitution of the U.S. forgiveness, Resolved, That as a generous kindness and cordial consistent with right, now peace exists. are the hi best attributes of our nature, and as we must have oiio Government, one constitution and one people.” the Glory, protection, and safetyof all oherishing theso fcclings we say it is untimely, unjust, and impolitic to insist upon amendments to the constitution to operate upon all until all are representedin the House and Senate.
Mr. CONKLING. I would inquire of the Gentfrom Pennsylvania [Mr. if he objects to the resolutions or to RthOeOirMAreLL] erence.
Mr. CONKLING. As I understand they are introduced by the Gentfrom Kentucky [Mr. Games? merely for the purpose of reference, I appea to the Gentfrom Pennsylvania to Withdraw his objection.
Mr. BROOMALL. I must insist on my obection.
Mr. GRIDER. I beg leave to inquire of the Chair what is the condition of my resolutions.
The SPEAKER. Objection having been made to their introduction, they have not been received, but will be returned to the gentleman. He can introduce them when his State is called for resolutions. ABELARD GUTHRIE.
Mr. CLARKE, of Kansas, by unanimous consent, introduced a bill for the relief of Abe iird Guthrie; which was read a 1st and 2nd time, and referred to the ComClaims. CAPTAIN CHARLES BREWSTER.
Mr. WINFIELD. by unanimous consent, introduced a bill to relieve Captain Charles Brewster from accounting for Government funds stolen from him while in the service of the Government which was read a 1st and 2nd time, an referred to the ComMilAffrs. Illinois and MICHIGAN SHIPEANAL.
Mr. ROSS, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Resolved. That the ComRds&canals bineginasntraupepterodptroiaitniqonuirteoinsetocutrheetehxepediencyof mak essIi and speedy construction of n. shipeanal between the Illinois river and LakcMichignn, and that they report to this House at an early day, by bill or other tnse.
Mr. LeBloND moved (at 4 oclock p. m.) that the House adjourn. The motion was not agreed to. J TAX ON RAILROAD FAREB and FREIGHTS.
Mr. HARDING, of Illinois, by unanimous consent, submitted the followmg resolution; which was read, conmdered, and agreed to: Resolved, That the ComAg be instructed to inquire into the expediencyofso grad. unting taxation for revenue upon fares and rates charged by railroad companies and others for the transportationofpassciiucrsundfreightover the highh wnysofcoinmercc. that while necessaryreveiiucs shall be derived, relief mayincidentally result to the agricultural and other interestsof the country from the high and oppressive impositions that are now crushing those interests, and especially in the West; and whether, by judicious and lawful cXerciseof the pow ersof Congressto raise revenue and to regulate the trade and commercebetween the States, prompt re licfmay not beaffordedto the farmersand consumers of the country from the exorbitant exactions of combined monopolies. TAX 0N SALES (IF FARM PRODUCTS.
Mr. COOK, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Resolved, That the ComWays&Means be instructedto inquire into the expediencyofchnnging the internalrevenue law sothat but onetax shall be imposedupon thesaleof farm productsbydealers. whether such sale be madeby dealers themselveso through the agencyof commimionmerchanLs.
Mr. SCOFIELD moved that the House adjlphuernm. otion was agreed to; and thereupon (at 4 oclock and ten minutes) the House adjourned.
Mr. LANE, of Indians, from the ComPensions, to whom was referred the petition of Sarah Fitz bbon, praying for a pension, reported a bill No. 82gl granting a pension to arah Fitz by on; which to a 2ndreadin.
Mr. MORGAN, from the ComCommerce, to whom was referred the bill (H.R.No. 135) to extend the time for the withdrawal of goods for consumption from public store and bonded warehouse, and for other purposes, reported it without amendment. e also, from the same committee, to whom was referred a bill (S.No.26) granting to “the International Ocean Telegraph company ” the right and privilege to esta. lish telegra ic communication between the city of NewYork and the West India islands, reported it with an amendment.
Mr. WADE, from the ComTerritor, to whom was referred a bill (S.No.74) for the admission of the State of Colorado into the Union, reported it without amendment.
Mr. POM ROY, from the ComPubLands, to whom was referred as ctition of the officers of the Burlington and l issouriRiver railroad, praying for an extension of the time for the completion of that road, reported a JtResolution (S.R. No. 20)extending the time for the completion of the Burlington and MissouriRiver railroad; which was read, and passed to a 2nd reading. LANDGRANT RAiLBOADs.
Mr. POMEROY. The ComPubLands, to whom was referred the etition of the Burlington and MissouriRiver lllo! d Company, the Mississippi and MissouriRailroad Company, and the edar Rapids and M18. was read, and passed Misouri River Railroad Company, and various other railroad companies, asking for an extension of the time within which to complete their several roads, have had the subject under consideration and directed me to report a bill granting substantially, the ra er of the petition. As the bill consists o on y one section, and simply extends the time 8 years, and I am advised that the companies desire immediate action on the subject, so that they may know whether the time is to be extended or not, I ask for the present consideration of the bill if there be no o jection. By unanimous consent, the bill (S.No.88) to extend the time for completing certain land grant railroads in the States therein named, was read twice by its title and considered as in ComWhole. It proposes to extend the time allowed for the comp ction of the several roads named in the acts approved on the 15th and 17th of May, the 85 of June, and 11th of August, 1856, granting lands to aid in the construction of railroads therein to the States of Iowa, Alabama, Florida, Louisiana, and Mississippi, which time will expire by law in the year 1866, 8 years from the dates fixed by those acts respectively; but the unsold lands are to revert to the U.S. as provided in those acts if the railroads are not completed within the period thus fixed.
Mr. CHANDLER. Has that bill been reported upon by the ComPubLands 2
The PRESIDENT protem era. It has been reported this mornin from that committee. Mr. MORRILL. this pretty difficult to understand much about the bill from simply hearing it read at the desk. I will ask if there is any particular necessity for its being pressed at the present time.
Mr. POMEROY. Iwas requested by the committee to ask that it be put on its passage, as the parties who are interested in building those roads desire to know as soon as possible whether the time is to be extended or not. Their time exiresthisyear, 1866. The Senfrom Iowa, [hiin Gaiuns] within whose State some of these roads are, is better acquainted with the facts am.
Mr. GRIMES. In 1856, Congress nted to the State of Iowa certain lands to ai in the construction of 4 railroads across the State, and required the State to complete those roads within ten years from that date. During the same year Congress nted to the States of Louisiana, “Alabama, Florida, and Mississippi, certain lands for the purpose of enabling those States to complete railroads. No one of those railroads is completed, although the companies to whom the States transferred the lands have used due diligence, in the estimation of the committee, in order to complete them. In, conscquence of the war, the increase in the value of labor, and the increase in the value of iron and other materials necessary to be used in the construction of the railroads, they have not been able to comply with the terms of the grant that was made to them. All that these companies have asked, and all that the comPubLands propose to grant to them, is that they shall be allowed to go on and complete the roads within the next 8 years, giving them that additional length of time.
Mr. HENDRICKS. I an est to the Senator also that this is the samegIegislation which was passed at the last session for the benefit of the roads in Michigan.
Mr. GRIMES. was oing to say that congress had granted a simfiar extension of time to other States, at the last session under precisely similar circumstances. This bill does not at the Government in any different position from what it was before, except that it simply extends the time within which these various roads are to be completed.
Mr. MORRILL; I do not desire to interpose an objection if the subject has received the careful consideration of the committee, which it seems to have done.
Mr. GRIMES. The bill does not grant afoot of land.
Skip Skip The bill was reported to the Senate without amendment, orderengross for a 3rd reading, was read the 3rd time, and passed. MADISONS WRITINGS.
Mr. HOWE. The ComLibrary have directed me to report a JtResolution for the distribution of the writings of James Madison. I suppose there is no objectionto considering the jomt resolution at the present time. I ask for its consideration.
The Secretary read the resolution, which proses to direct the JtCom on the Li ra to distribute by mail or otherwise the 500 copies of the writings of James Madison, published by authority of Congress, as follows: to the POTUS, one copy; to the libraries of the different Executive Depts and of the PostMGenl and AttyGen, one copy each; to each member of the present Senate and HoRep, one cop; to the Library of Congress, ten copies; to e libraries of the several States an Territories of the Union, one copy each; to such public and college libraries as may be designated by the present point comLibrary, 100 copies; the residue to be retained in the Dept of the Interior.
Mr. SUMNER. I suppose that by “libraries of the several States and Territories of the Union” is meant the public libraries in those States.
Mr. HOWE. The State libraries. The JtResolution (S.R. No. 17) directing the distribution of the writings of James Madison was, by unanimous consent, read 3 times, and passed. OFFICIAL ADVERTISEMENTS.
Mr. WILSON. I presented the other day a resolution which I now offer in a modilied form: Relolued. That the ComPrinting be instructed to inquire and report, for the information of the Senate. the amounts which have been paid, or which will have to be paid, by Virtuc of any order given by the various Deptsof Government, or y the ureaus thereof to each of the newspapers published in the city of ashingtop since the 4! of March, 1865 and the laws underwhich theseamounts have been paid, or are to bopaid and also report if any legislation is peccssaryin regard to the publication of the advertisementsof the Government. The resolution was considered by unanimous consent, and agreed to. aancurs mossr.
Mr. FOOT. I offer the following resolution: Rmlced. That the Secretary be directed to procure for the use of the Senate 75 copies of the work known as “ Barcla s Digest" Provided, The costthereof or copy sha 1 not exceed that paid by the House o Representativesfor the samework. I ask for its present consideration. There being no objection, the Senate proceeded to consider the resolution.
Mr. SHERMAN. I should like very much if the Senator would add a copy of “ ickeys constitution ” for each Senator. It is an in valuable document, and I should like very much to ct it. h
Mr. FOOT. Letthat be a separate resolution.
Mr. GRIMES. I understood a year ago that Hickeys constitution was out of print.
Mr. SHERMAN. It is the most valuable compilation in existence. I would rather have it than Barclays Digest.
Mr. CLARK. They are on entirely different matters.
Mr. FOOT. This is a new edition very recently published, enlarged and improved by the author. From the examinationl have given it, I have no hesitation in saying that it is the best compilation of parliamentar law and practice with which I am acquainte. At the present time, with the excetion of one copy o Cushings elaborate work, there is not at the command of the Senate a single copy of any work whatever upon parliamentary law and practice. The resolution was agreed to. COMMITTEE ON VENTILATION.
Mr. BUCKALEW. I offer the followingres olution: Reiolved, That a committee of the Senate be appointed for the presentsession, to consist of 5 men ers. to be entitled the commdtco on ventilati, to which shall beassigned the considerationof allquestions relating to the ventilation and sanitary oondition of the Senatewink of the Capitol. Mr. President, I pro. ose to call up this resolution for action in a few days. For the present it may lie on the table. The resolution was laid on the table. JUDICIAL EXPENSES.
Mr. CLARK submitted the following resolution, which was considered by unanimous consent: Resolved. That the SecyTreasury berep quested to ascertain and inform the Senate. (1) the names of all personsnow authorised bylaw to act as commissionersof the circuit courts of the U.S. ianndthneinfithrstJu, dsiecciaolnde, irtchuiritds, rfeosurctcht, ivscelve; n(t2h) the whole amount of moncypaid to sac of sai commisSioncrs. but of the Treasury, for serviccs ascommissioners. during the fiscalyearendingJuneIX). 1865 and incase any such commissionerbe a clerk of any district or circuit court of the U.S. then (3) the total amount of compiissioners fees or costs. exactedin causespending in and potilionsmadeto said courts, giving the title thereo, and the amount so exacted byjnm in each case and received therein, either for imself, or any other commissioner., that the SecyTreasury bedirected to as certain and inform the senatetl.) the total amount of fees and emoluments of every name and character, enactedand received h eachclerk of the district or circuit courts of the U.S. for the aforesaid circuits during the year ending June 30 1865, and if possible, during the 6 months ending Deccmberlfl, p8r6oc5e. geivdiinngg the title of eachcause. petition, or other on which such fees or oostw. sereexacted, and the amount in one case. dillIllllullhllll botwcen costs and feesof clerks and thoseof commissions but embracing both: also (2)the amount of fees an cmolpmentso theirreapoctiveoficesreturned by eachof said clerks to the properaccountingoflioersof the Treasury during sai year 1865.
Mr. SUMNER. I observe that the resolution is addressed to the SecyTreasury. Should it not be addressed to the At torney General?
Mr. CLARK. I understand not. These accounts are, I think, in the 1st instance settled at the Interior Dept, and then they go to the Treasury Dept, and upon in apiry I find that the latter can probably furnish e information.
Mr. SUMNER. The Senator is aware that the AttyGen is the officer of Government who corresponds with the persons who are connected with the judiciary o our country.
Mr. CLARK. That is very true; but the Treasury Dept is the place where the accounts are finall settled.
Mr. FESSENDEN. The AttyGen knows nothing about the accounts; they do not go to his office.
Mr. CLARK. So I The resolution was cosnusprpoesreed. by unanimous consent, and agreed to. BILLS INTRODUCED.
Mr. WILSON asked, and by unanimous consent obtained, leave to introduce a bill (S.No.84) to amend an act entitled “An act to incor porate the Freedmens Savings and Trust company, ” approved March 3, 1865; which was read twice by its title, and referred to the ComFinance.
Mr. CHANDLER asked, and by unanimous consent obtained, leave to introduce a JtResolution (S.R. No. 18) authorizing the SecyTreasury to direct the issue of American registers to certain Britishbuilt vessels owned by American citizens; which was read twice by its title, and referred to the ComCommerce.
Mr. HENDERSON asked, and byunanimous consent obtained, leave to introduceaJtResolution (S.R. No. 19) for the benefit of certain volunteer troops of Missouriwho served the war; which was read twice by its titled, urainng referred to the ComMilAdairs and the Militia.
Mr. HENDRICKS asked, and by unanimous consent obtained, leaveto introduces JtResolution (S.R. No. 21) for the relief of Samuel Norris; which was read twice bv its title, and referred to the ComIndAffrs.
Mr. DOOLITTLE asked, and by unanimous consent obtained, leave to introduce a bill (S.No. 85) grantin to the State of Wisconsin a donation of public lands to aid in the constructionof n. breakwater and harbor and shipeanal at the head of Sturgeon bay, in the county of oor, in said State, to connect the waters of Green bay with Lake Michigan, in said State which was read twice by its title, and referred to the ComPubLands.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. MCPHERSON, its Clerk, announced that the House had passed a JtResolution (H.R.No. 45) to change the name of the ship Art Union to the name George M. Barnard; in which it requested the concurrence of the Senate. PROVISIONAL GOVERNMENTS.
The PRESIDENT protempore If there is no further morning business the Chair wilLcall up the unfinished business of yesterday, being JtResolution (S.R. No. 11) in relation to the organization of provisional governments within the States whose people were lately in rebellion against the U.S., the pending question being on the motion to refer the JtResolution to the JtComReconstruction; on which the Senfrom Oregon is entitled to the floor.
Mr. WADE. Yes, sir, I keep the faith, and I have no doubt of a final triumph. I never feared it. I never had the least doubt how this whole question wouldbe settled. It will all come right if we are true to our convictions.
Mr. DOOLITTLE. Perhaps as the Senator apeals to me upon that point. I may be indulged in stating, as I do most distinctly, that so far as the speech I made yesterday is concerned, I have had no consultation with any member of the Administration in regard to it; neither with the President nor any member of the Cabinet. I expressed my own opinions.
Mr. WADE. I only surmised what Istated; I did not knowit to be a fact. 1 thoughtit might be so from the surroundings that I saw here; from some part of the audience that listened to the s eecli. It seems I wasmistaken as to that, but it makes no difference. The Senator is undoubtedly the organ of the Administration upon this subject. I
Mr. DOOIiITILE. Allow me to statethnt I certainly do not stand in any such relation to the Administration any more than any other Senator upon this floor. There are certain points in which perhaps I agree with the opinions of the President more than the Senfrom Ohio, but Iclaim no mom right to speak for the President than the Senator himselt.
Mr. STEWART. Id. imnimhawx the Senator proposes to extend the right of suffrage to the blacks of the South, whether by legislation or by amendment to the constitution?
Mr. WADE. I proposeto do it upon the same principle that the President assumed to do a great many other things that the Senator thinks and I think were right. I ask how it was that these States were compelled to comply with certain conditions which the Senator says are all sufficient? Is it. not the fact that just before the adjournment of some of the conventions in some of those States telegraphic dispatches were received stating that unless they complied with certain requisitions and adopted the constitutional amendment the won (1 not be admitted into the Union; an did they not there upon conform their action to the demand made of them? Does the Senator call that voluntary action I
Mr. STEWART. Do not the conditions prescribed by the President stand on a different footing from the right of suffrage? Does not the qualification 0t voters in a State stand on an entirely different footin from the other propositions as to which the resident gave his advice?)
Mr. WADE. Not at all, in a constitutional point of view. If you could impose one constitutional amendment upon a State in a matter ordinarily belonging to the Slate, why not an other? They were advised and required by the , Executiveto pass the constitution alamendment. and, sir, if was a southern munfor I am very apt to talk franklyif I were a member of a southern Legislature, and under the duress of a presidential mandate I was forced to comply with any such condition, I would, just as soon as I could, reudiate it on the ground of duress. The mandiite of the President to a seceded, fallen State today, is nothing more than the command of a robber to a traveler on the highway. They have got to do what is asked of them, and they tell you so, and tell you that when they get freedom of action they will not consider the conditions extorted from them as of any binding force 11wonthem.
Mr. STEWART. The question of suffrage was not, while emancipation was, one of the conditions.
Mr. WADE. Do not understand me now as contending thatI am opposed to requirin these conditions of the southern people. I thin they were right, but I want them adopted voluntarily and not by coercion or force. kifhat brings me to consider another question which has been reatly overlooked in this argument.
Mr. STEWART. I do not understand the Senator yet as answering my question how the suffrage 18to be extended to the blacks. That is a practical question that I desire to have an swered.
Mr. WADE. I will tell you before I get through. that subject.
Mr. STEWART. I should like to hear it distinctly.
Mr. WADE. I will tell you exactly how it can be done. It can be done by telling these gentlemen in the southern States, these traitors, that we shall be as lenient to our friends, the Union colored people of the South, as to them; that the shall never put their feet upon this floor unil they do justleeaccording to the rule of equitythey who seek justice shalllst do justice. There is no difficulty in it, and I was merely endeavoring to show that that position no more transcends the constitution of the U.S. than that for which the Senator contends. He says that the President has or nized civil governments in the South. Where did he get his constitutional warrant for that? All the great officers of Government are created bylaw, and the Senate of the U.S. must articipate in their appointment; but the presideut has appointed civil governors of the States to do civil business. I do not see where he got his warrant to do that if the States had not seceded.
Mr. STEWART. I suppose it was his duty under the war power to provide for the reestablishment of civil government when the armed forces of the rebellion were overthrown. It was undoubtedly his duty then to invite the pepple to organize.
Mr. WADE. It was his duty under the war power. Would it not have been just as compatible with his duty if he had demanded that civil government he organized by admitting all the colored people of propera e to participate in making the constitution an laws? Would it have been any greater violation of the constitution than was done? Would it not have been an exercise of military power if he believed it requisite for the public peace? Where is the distinction? No casuist can draw the line of distinction; it is idle to contend for it. Where did he get the power to prescribe the oath which he require tf these people to take? Do you find that in the constitution? Where do you find it? Was it not as rent a stretch of constitutional power to do that as to say that the colored men should vote?
Mr. STEWART. I think not. I think it very plain that he had no power to interfere with the qualifications of voters in the States. There in no doubt about his power to make such regulations as should secure peace to the inhabitants, and he had a right to invite the citizens who were then acknowledged to be citizens the constitutional amendment had not then been adopted to organize civil society.
Mr. STEWART. The loyal citizens. He only extended the invitation to loyal citizens.
Mr. WADE. I have no doubt of his power to do it in time of war, but I doubt very much his power to do it in time of peace. this is a time of eace.
Mr. STEWART. What was he to do? Leave them there to anarchy?
Mr. WADE. No, govern them by military power as he, had done from the time the war ceased u to the time he prescribed the oath. Wh "didphc prescribe that?
Mr. STEWART. Hadnot the people aright, with his permission and consent, to or 9 civil society as soon as they possibly could?
Mr. TRUMBULL. I move that the further consideration of this subject and all other or ders be postponed, and that the Senate now plrocgad to the consideration of Senate bill o.
Mr. STEWART. I hope the Senator will give way for a short time. I wish to make aew remarks in replyto the Senfrom Ohio. I shall not occupy ten minutes.
Mr. TRUMBULL. If I supposed thatwould be the end of it, I would have way; but this bill to which I desire to call teattention of the Senate has been for nearly a week upon your table ready to be acted upon. It is abill from one of your committees
Mr. TRUMBULL. The bill to enlarge the powers of the F freedmens Bureau; and a discussion is continued here 1st upon one
Mr. STEWART. I withdraw my request, and will make my remarks upon that bill when it is called u.
Mr. TRUMBULL. Very well. I hope that the Senate will sustain the motion thatlmake, and that when that bill shall be called up they will also sustain the effort I shall make to keep it before the Senate until it shall receive its final action. The motion was agreed to. FRANKING PRIVILEGE to MRS. LINCOLN.
Mr. SUMNER. With the permission of the Senfrom Illinois, I ask leavevto introduce a bill of which no previous notice has been given. a Byunanimous consent, leave was granted to introduce a bill S.No. 86) granting the franking privilege to ary Lincoln; which was read VtWlCBby its title.
Mr. SUMNER. In drawing this bill I have followed precisely the precedent in the case of the widow of John ulncy Adams, and I ho c the Senate will consent to allow the bill to be put on its an e.
Mr. TRUMBULL. Will it displace the bill now before the Senate 7
Mr. SUMNER. No; not at all. I ask that it be put upon its passage. There bein no objection, the Senate, as in ComWhole, proceeded to consider the bill, which. provides that all letters and packets carried by ost to and from Mary Lincoln, widow of the late Abraham Lincoln, shall be conveyed free of postage during her natural e. I
Skip Skip The bill was reported to the Senate without amendment, orderengross for a 3rd reading, read the 3rd time, and passed. rasnnusss unusau. v The Senate, as in ComWhole resumed the consideration of the hill (S.No.605 boenlar e the powers of the Freedmens Bureau.
Mr. WADE. I wish to ask the Senator this question: if it was the verdict of the war that slavery should be abolished, was it not also the verdict, if it was further necessary for the security of the country, that suffrage should be awarded to the colored people that you had set free “ Why was not that as much a verdict of the war as the other?
Mr. STEWART. The Senfrom Ohio assumes that it is necessary for the securit of the country that the right of suffrage should be granted to the negro; that the Gomrnment cannot be carried on without it. That is an as sumption that is hardly warranted. But even if that were true, it would not be as much a ver dict of the war as the other.
Mr. HOWE. Do I understand the Senator to say that we have sacrificed these 100s of 1,000s of lives in order to give freedom to the negro?
Mr. STEWART. Yes, air; as one of the issues. The issue was the Union and the abolition of slavery. At1st. it was the Union, but subsequently the other question was added to the issue. The pleadings were amended after the war commenced.
Mr. HOWE. Allow me to say right here that I dissententircly from the proposition that we have sacrificed a life for that purpose or for that end. On the contrary, I say that we have called nearly 200,000 of these black men to the field to fight for our liberty. How much we are indebted to their efforts for those liberties I do not now pretend to measure; but that is the fact.
Mr. STEWART. Then there has been nothing done for the negro; 4 million slaves have. not been emancipated; he has not been benefited by us; all our boast of success is afarce; we have made no sacrifices for the negro; we have not incumbered the Treasury within the last year with millions upon millions of dollars to so port a Freedmens Bureau for the negrol Sir say that we have done something for him, and I am in favor of doing more for him.
Mr. HOWE. Let my friend and myselfhave a perfect understanding with each other. I am inclined to think something has been done for the negro; I hope something has been done for himnot at our hands. The historical fact is and I really hope my friendfrom Nevada, who has been with us in all this struggle, will not attempt to dodge that historical factthat a flagrant war was waged against the supremacy of the U.S. The supremacy of the people of the U.S. was attacked in that war, was assaulted by it. We fought the war for about 2 years without the s ightest demonstration of doing anything for the negro. We finally found, as the Senator just now recited. that we were stronger in this contest by proclaiming liberty to the negro than we were without making any such proclamation, and that to strengthen ourselves, not to increase our sacrifices, the proclamation was induced; and that which we did for our own sake ought not to be charged now to the account of the freedmen by any manner of means. It was to save our own imperiled lives. our own imperiled national existence, and only for that purpose, that the State POTUS was induced to issue that proclamation, and, as the Senator himself says, to make us stronger, not weaker, to make our sacrifices less. not greater.
Mr. TRUMBULL. I move to amend the bill by striking out the whole of the 5th seetiou, in the following words: SEC. 5. Abife:, That the possess ory titles granted in pursuance of Mayor GenlSherman s special field order. dated at Savannah, Jalngury 16, 1865, are hereby confirmed and made va 1 and to insert in lieu thereof: That the occupants of land under Maior GenlSherman s special field order. duteduit savannah, are hereby confirmedin their possessionsforthe periodof 3 eaijsfrom the dateof said order, and no person shall c disturbed in, or ousted from. said possessionduring the said 3 mnun lessa settlements hall bemade With sqidpelupmt b! the owner satisfactory to the Commissioner of the Freedmens Bureau.
Mr. GRIMES. Ipresume the Senatoris not going to press that amendment to avote to night.
Mr. HOWARD. I listened to the remarks of the Senfrom Illinms, in stating the contents of GenlSherman s order, but I beg to inquire of that honorable Senator, what is the reason for this interference with the order of GenlSherman ? If I understand his statement rightly that order confers upon the occupants of the land a right to possess and enjoy it during their lives.
Mr. TRUMBULL. The Senator misunder stood me. They had no right except the possessory one taken by the Army. They are liable to be turned out by the owners, and we desire to protect them for 3 years from the time they took possession.
Mr. HOWARD. Liable to be turned out of possession by the owners of the land on their return?
Mr. TRUMBULL. Yes, sir; and they are. returning now and pressing to turn these men off from these lands. that, having been put there by competent authority, and having occupied the lands and made some improvements, it was nothing more than equitable and just to protect them there during 3 years unless they sooner give uppossession by an arrangement to be made With the former owner, with the approval of the commissioner of the bureau.
Mr. HOWARD. I was simply anxious to as certain the full effect of GenlSherman s order.
Mr. CLARK. I will state one thing further for the information of the Senfrom Michi n and other Senators. Under this order of GenlSherman some of these freedmen were put in possession, but no writing, as contemplated y the order, was given them. They are there without a shadow of title; so that if one of the former owners should come back and bring a suit against one of these freedmen, for possession of the land, he must have it, and the freedman is not protected at all.
Mr. SUMNER. As allusion has been made to the order of GenlSherman , I have a cop of it in my hand and I will read a sentence which bears on the point to which the Senfrom Michigan cal edattention. The order in that respect is asfollows": "In order to car out this systemof settlement, a general otfieer willrho detailed as inspector of settlements or plantations. whose duty it shall be to visit the settlements and regulate the alien and general manugcment and who will furnis personnll to each head of a handy, suhioot to the approval of o Hesi The committee thought. ideut of the U.S., a possessorytitle in writing, giving as near as possiblethe descriptionof bounda ries and who sha l adjust all claims or conflicts that tarreisaetinugndsnerotbhteitlseasmalet, osguebtjheecrtatos ptohseseliskseory approval, Now, it will be observed that here is no lim itation of time. It is not for 3 years or for life, but the language is the most general; it is a ssessory title. he question may well arise what is that, for what time, to what extent, on what is its value? Then, in another place, certain other lands were to be veu, and it is stated that the parties were to Ehld them “un til such time as they can protect themselves, or until Congress shall regulate their title.” In that respect the order seemed to contemplate some action of conrcss.
Mr. TRUMBULL. I have received a communication which shows that these written titles were not given in all cases. It is from gencral Saxton, in which he says: “So for as I am informed the titles are alikc, and I find no limits to the time the possessorytitl csunder GenlSherman sorderwereto run. Someinformal titles were given. Large numbersof freedmen who were entitled to possessorytitles have not received thornyet, though from no fault of theirs.” That is the condition in which they are. This is a communication from General Saxton, dated the 14th of January, in answer to an in qnir on that subject.
Mr. SUMNER. Then, I take it, the practical question with us is this: whether we discharge our duties to these people by confirming their titles merely for 3 years? Is the senator satisfied with that? Does he think that the public faith of the nation to those people, given under peculiar circumstances by a general in the field, by a military order, for the protection of the country and especially of that neighbor hood, is sufficiently maintained by our confirm in to them a possessory title for 3 years? I o not pretend to pronounce an opinion the other way, that it is not; but still, it seems to me that 3 years is a small allowance of time for that general grant of what is called a possessory title without any limitation of time.
Mr. GRIMES. I move that the Senate proceed to the consideration of executive business. The motion was agreed to; and after some time spent. in executive session, the doors were reopened, and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. Tnunsnsv, January 18, 1866. The House met at 12 oclock m. Prayer by the Chaplain, Rev. C. B. Bovsros. The Journal of yesterday was read and approved. EMPLOifis IN cossr SURVEY.
The SPEAKER, by unanimous consent, laid before the House a communication from the SecyTreasury, transmitting, in compliance with the act of [arch 3, 1853, a statement showing the number and names of persons employed in the coast survey during the year ending J one 30, 1865, their compensation &c.; which was laid on the table, and order to be printed. FURNITURE OF COMMITTEEROOMS, ETC.
The SPEAKER also, by unanimous consent, laid before the House a communication from the Doorkeeperof the HoRep, transmitting, in comilinnce with the 27th rule. an inventory of all t lefurniture, &c., in the several committeerooms and other rooms under his charge; which was referred to the Committee of Accounts, and oidered to be printed.
The SPEAKER announced. as the 1st business in order, the calling of committees for reports, commencing with the ComRevClaims. LAND GRANT FOR AGRICULTURAL COLLEGES.
Mr. BIDWELL from the ComAg. reported back, with an amendment, the bill (H. t. 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 benefit of riculture and the mechanic arts, ” approved uly 2, 18622so as to extend the time within which the provisions of said act shall be accepted and such colleges established. The amendment rerted hr the committee was to add to the bil the following as a new section: Site. 3. Abife: That in extending the provisions of this act to the Stateslatcly in rebellion. it shall be on the express condition that no er son shall be excludedon account of raceor color roll the benefits of the school or educational fund arising from the lands thus donated.
Mr. BIDWELL. If there be no objection, as the bill is one of very considerable impor tunce, I would ask its consideration at this time. There was no objection, and the bill was read at length. The 1st section provides that the 3rd clause or sub section of section 5 of the act of July 2, 1862, shall be so amended as to read thus: 3. Any State or Territory which may take and claim the benefit oflho rovisinns of this act shall irovide. within ten yearsliioui July 2. 1862, not less than one collegeas describedin the 4th section of this act, or the rant to such State or Territory Hllllll cease and said State or Territory shall be bound to pay to the U.S. the amount receivedon account of any lands previously sold; but the titles of the purchasers thereof from the State or Territory shall be hold valid to all intents and purposes. The 2nd section provides that any State or Territory shall be entitled to the benefits of the act of July 2, 1862, which shall signify its acceptance thereof by an appropriate act of lelgisation within 5 years from the approval o said act.
Mr. BIDWELL. Mr. Speaker, the 1st 2 sections of this bill simply extend the time in which the States which have not availed themselves of the provisions of the net of July?, 1862, can do so. The 3rd section, as you will observe, regulates the provisions as they may be extended to the States that have been in the rebellion. The act of 1862 expressly excludes the States which were in rebellion. Now, this provides that they may have the benefit of the act by accepting it on the exrcss condition that no person shal be excludec on account of race or color. The whole thing is perfectly plain and simple. The extension of time is very important to those States which have not had the opportunity of availing themselves of the provisions of the act. Indiana, is one of those States, as I am informed; and the introducer of the bill in part represents that State. The State of California, for many reasons, has not been able tocomply with the act of 1862. One is that there are not lands sufficient within that State surveyed and brought into market, so that she might choose the amount which would be due to her under this act. Another is that the Legislature of the State of California was not in session, the sessions being biennial, so that she could signify at the propertime her accept ance. An act was passed in 1864 extending the time for 2 years from April, 1864, and that time has nearly elapsed, so that it will be necessary that a further extension of time should be granted. I hope the bill will now be considered. I can see no objection to it.
Mr. STEVENS. Mr. Speaker, I hope the Gentfrom California will consent to apost onement of this bill, so that it may be printed. here aresome important provisions in it, and I would like to see them in print before I am called upon to vote on it.
Mr. HILL. I was about to make the same suggestion to the Gentfrom California. The bill involves man important points.
Mr. BIDWELL. I move that its further consideration be postponed till one week from today after the morning hour, and that it be ordered to be printed. Therewas no objection, and it was ordered accordingly. ALMON w. BABBITT.
Mr. HUBBARD, of Iowa, from the ComIndAffrs, reported a bill for the relief of the administrators of the estate of the late Almon W. Babbitt, secretary of Utah; which was read a 1st and 2nd time, ordered to be printed, and recommitted. GOVERNMENT PILOTS.
Mr. DARLING, from the ComNavAffrs, submitted an adverse report upon the resolution as to the justice and expediency of directing by law that all pilots engaged in the Government service during the late war shall be classed as officers, &c. which was laid upon the table, and ordered to be printed. MELCHIOB HUFFNAGLE.
Mr. BENJAMIN, from the ComInvalidPens, submitted an adverse report upon the memorial of Melchior Huifnagle; which was laid upon the table. THOMAS JENKINS.
Mr. BENJAMIN, from the same committee, also submitted an adverse report on the petition of Thomas Jenkins; which he moved be laid upon the table. The motion was agreed to. WILLIAM WALLACE.
Mr. BENJAMIN from the same committee, also submitted an adverse report in the case of William Wallace which was laid upon the table, and ordered to be printed. MARY MLAIN. ltMr. TAYLOR, from the ComInvalidPens, submitted an adverse report on the petition of Mrs. Mary hIcLain, and called for the reading of the report. The report was read, laid on the table, and ordered to be printed. JouN SMITH.
Mr. TAYLOR, from the same committee, submitted an adverse reart on the petition of John Smith; which was aid on the table, and Ordered to be printed. REV. ANSON HUBBARD.
Mr. LAWRENCE, of pennsylvania, from the ComInvalidPens, submitted an adverse report on the petition of Rev. Anson Hubbard, of Chelsea, assachusetts, for praying a pension; which was laid on the table, an ordered to be printed. HANNAH B. SUMNER.
Mr. LAWRENCE, of Pennsylvania, from the same committee, submitted an adverse report on the petition of Hannah B. Sumner, widow of General E. V. Sumner; which was laid on the table, and ordered to be printed. REPORTER OF COMMITTEES.
Mr. ROLLINS, from the Committee of Accounts, reported the following resolution: reaolvrrl, That the resolution of January 5. authorizin the appointment of stenegraphio repor1t8e6r, 5. be so modified as to read as follows: reaolood. That the Speaker appoint a competent stcuogrnphiereporter. to continuein office until otherwise ordered by the House. whose duty it shall be to report. in shorthand. on the order of anyof thestanding or special committeesof the house. such proceedings as they may deem necessary: and when ordered to be printed. properly index and supervisethe publication of the same; and who shall receive therefor an annual compensationat the rate now allowed by regulationApr rn orting courtmatial proceedings: Provided. at all such reporting ordered by committees of the House and n. 1 such as he shall be required to do for JtCommees shall be dqno by said reporter, or persons employed by him, without extra compensationor additional expense.
Mr. DAIVES. Iask the gentleman to the resolution so that the matter reportemd osdhiefy I be under the entire control of the committees or the House. In explanation I will say this: it sometimes happens that these reports taken by stenegraphers for committees get published in the newspapers or elsewhere without the knowl edge either of the committee or the House. I think, therefore, there should be such a provision as I have suggested.
Mr. ROLLINS. If the gentleman will state the form of his amendment, perhaps I may adopt it. Mr. DAWES. Merely that the reports so taken shall be under the entire centre of the committees or the House.
Mr. ROLLINS. I have no objection to that.
Mr. DAWES. I then move to amend by adding the followmg: Providedfurflier, That the reports so taken shallho under the entire control of the committees. respect ively, by which such testimonymaybetaken, or of the House.
Mr. CONKLING. Will the Gentfrom NewHampshire [Mr. Ronuus] be kind enough to tell us how this whole matter of a steuographer for the House now stands? What pay does e ffert.?
Mr. ROLLINS. On the 5th of January, 1865, a resolution was passed authorizing the Speaker to appoint a steuographic reporter, to be paid the same compensation as is allowed in reporting courtmartini proceedings. This was construed to mean ten dollars perday. Conse ueutly the reporter is receiving at. the rate of 3, 650 peryear. The committee, after careful examination of the whole matter, and collecting all the evidence that it was possible to collect, have come to the conclusion that if the stenegraphic reporter is comelled to report, without additional expense to t le Govenment, all the proceedings of the special and standing committees of the House, and also all that he may be called upon to report for the JtCommees of the 2 Houses, quite a large sum may be saved for the Government; that the amount paid for reporting these various proceedings under the salary now allowed to the reporter will be not so much as has heretofore been paid. I have the figures here, and shall be glad to submit them to the House, if Gentlemen desire.
Mr. CONKLING. Are we fight in understanding the gentleman to say that ten dollars is paid for every day in the year, whether reporting is done or not?
Mr. ROLLINS. That is so. The resolution of the House gives to the reporter ten dollars. perday, whether he does anything or not $3 650 a year.
Mr. CONKLING. I would like to inquire whether, if this resolution is adopted, the ste no npher to be appointed is to o or has done at is own expense all the reporting of any sort that may be necessary for special and standing committees I
Mr. ROLLINS. If the gentlemen had list ened to the reading of the proviso to the resolution he would have seen that the reporter must report all the proceedings of standing and special committees, and also of jointcommittees at he may be called upon to report.
Mr. CONKLING. I did listen toit, and I do understand it, and yet I want to know from the better information of the gentleman whether really we can rely upon the expectation that any stenegrapher, receiving even $3, 650 a year, will, without urther appropriation or compensation, provide for all the stenegraphic reporting which is to be done during any session of Congress, for it seems to me that enou 11 reporting of that sort is certain to be required at this session of Conglress to very greatly exceed the amount which the gentleman lines. If this resolution be adopted, whenever an extraordinary quan tity of reporting shall be necessary, application will be made, and perhaps made so ineritoriously that it will be allowed, for extra compensation to be given on account of the extraordinary amount of service rendered. If that is not so, and if this is really the beall and the endall of the matter, I am willing, for one, to vote for the resolution.
Mr. ROLLINS. All I can say about it is, that lhe cominittee design that this shall be the bealland the endall of the matter.
Mr. HALE. A resolution was adopted by the House a few days or a few weeks ago, calling upon the Committee of Accounts to report upon certain specilic matters designated therein. I would inquire of the Gentfrom NewHampshire whether the report which he now makes embraces the answer to that resolution?
Mr. ROLLINS. It wasso intended. If the Gentfrom NewYork desires further information, I will send to the Clerks desk and have read the evidence that was submitted to the committee. In the 1st place, I will ask for the reading of a letter from the Clerk of the House.
Mr. HALE. I want merely the conclusion of the committee.
Mr. ROLLINS. The 1st aperI will have read is a brief note from the Clerk of the House, showin the amount paid from the contingent fun of the House only.
The Clerk read, as follows: HoRep U.S. uvorozr, D. C. January 15. 1863. Sin: In responseto the resolutionof the Committee of Accounts asking for information asto the amount of money paid durin" the 37th and 1st sessionof the 38th Congress, for reporting nroceedin. before the standing and special committees of the HoRep I avethe honor to submit the following statementfrom the books of this offico. which embracesall moneyssopaid to olom mittensof the House proper. I have reason to believe there were some paymentsmadefor reporting proceedings of JtCommees. but not havm accessto the proper source of information as to sue payments I am unable to give the amount: 37th(Impress. Reporting. 1038. J. J. McElhonc. $353 1543. J. J. McElhonc. Theodore T and rows. 362as J. J. McElhono 2b! (o 2361. H. G. Hayes. 100(ll $1. 348oi ThEi. ghlhChumcu. Tn! anion. Reporting“ 476. Theodore T and rews. ” cano0. 553so $2. 10402 real Theodore r and Very respectfully. your obeCdLieINntT sOerNvant. LLOYD. Chid Clerk HoRep. Hon. E. H. ROLLINS, Chairmanof ComAccounts.
Mr. CONKLING. I wouldaskm colleague [Mr. HALE] if a bond were require of the reporter tbrthe performance of this duty, the bond to be properly conditioned, would it obviate the difficulty he suggests?.
Mr. HALE. In my judgment it would certainly be an improvement; but I still think it would leave the matter on a wrong basis. I think we ought to employ reporters, when the services of any may be needed, at a fair compensation for the services they may perform, and not vote a round sum, in bulk, or services which they may or may not perform.
Mr. HALE. Will the gentleman withdraw that motion for a moment?
Mr. HALE. I byno means design to impute any impropermotives to the action of the committee, an I hope the gentleman does not so understand me. Neither do I propose, by a resolution, to attemptto bind any luture House or to bind this House in its future action. I concede the impossibility of doing that. But the true remedy in this case is to reeal this resolution of January, 1865, and in place of it adopt a provision for the appointment of reporters of committees, if necessary, at a fair compensation, to be determined by actual service and if the gentleman will allow me to move such an amendment in order to take the sense of the House 11 on it, I will do so.
Mr. ROLLINS. desire to say one word more in justice to the reporter. At the last session of Congress the amount reported by him, accordingto the rates formerly paid, would have required the payment of $l,800 and he was obliged to ay from his own purse a large sum for reporting committees, when it was impossible for him to do the work, in consequence of several committees sitting at the same time and if this resolution should be adopted, he will be obliged in future, when 2 or more committees are sitting at the same time, to employ outside help and I think if he pays from his own purse the money necessary to compen sate those udditional reporters, the compensation of ten dollars a day, which the Gentfrom NewYork [Mr. HALE] deems so exorbi tant, will not be unreasonably large.
Mr. WASHBURNE, of Illinois. Will the Gentfrom NewHampshire yield to me for one moment?
Mr. ROLLINS. I move the previous question.,
Skip Skip The previous question was 2nded, and the main question ordered; and under the operation thereof the amendment submitted by Mr. Dawns was adopted. The question then recurrin on agreeing to the resolution as amended, there were, on a divisionayes 76, noes 30. So the resolution as amended was agreed to. Mr. ROLLINS mtRtv the resolution was agreed to; on the table. Agreed to. BANKHUPT LAW.
Mr. JENCKES, from the select committee on the bankrupt law, reported back, with amendments, the bill (H.R. Yo. 7 to establishauni form system of bankruptcy t roughout the U.S.; and moved that the bill with the amendments be printed and made the special order for Tuesday, the 80th instant, after the morning hour, and from day today until disposed of. The motion was agreed to.
Mr. JENCKES also, from the same committee, submitted the following resolution: Resolved. That 5,000 copiesof the bill to tablish a uniform systemof bankruptcy throughout as U.S. reported by the committee on that subject. a printed for the useof this House.
The SPEAKER. This resolution will be referred, under the law, to the ComPrintg.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. FORNEY, its Secre, announced that the Senate had passed a hi 1 and a JtResolution of the follbwing titles; in which he was directed to ask the concurrence of the House: An act (S.No.88) to extend the time for completing certain landgrant railroads in the States therein named; andJtResolution (S. No.17} directing the distribution of the writings of ames Madison. FREEDMENS BUREAU.
Mr. ELIOT. From the select committee on freedmen I report back, with amendments, the bill (H.R.No. 87) to amend an act entitled “An act to establish a Bureau for the relief of freedmen and Refugees.” I move that the bill and amendments be postponed until Tuesday next after the morning our, and made the special order for that day and until disposed of, and that they be ordered to be printed}? There was no objection, and it was ordered accordingly. DAMAGES IN REBEL STATES.
The SPEAKER stated that the morning hour had exired.
Mr. ELANO moved that the report be ordered to be printed. The motion was agreed to. REGISTRY OI" VESSELS.
Mr. LYNCH, by unanimous consent, submitted the following resolution; which was read, conSidered, and referred to the ComCommerce: Whereas many American shipowners, while bel ligerent rights were accorded by foreign nations to rebel cruisers. in order to protect their vesselsfrom destruction or capture by our enemies placedthem under foreign flags, there y securing all the advan tagesincident to such protection in competingwith American commercefor the carrying trade of the world; having derived alltheseadvantagesby aban doning the ii of their country during a period of war and identifying their interestsWith the destroyers of its commerce. they should not be permitted, after the restoration of peace. to rercgister their vessels in American ports. as many have dongand are now doing. in violation or evasionof the spirit ofbur navigation laws: Therefore, Resolved That all vesselsonce American. whose national character has bpen changed or which have beenplaced under a foreign flag era foreign reister should be treatedas foreignbuilt vessels, and should never again beallowed an American register.
Mr. LYNCH, by unanimous consent, also submitted the following resolution; which was read, considered, and agreed to: Resolved. That the SecyTrinsnry be directed to communicateto this llouse how many and what vesselspreviously undern foreign registerhave been allowedto take out American registerssincethe 31st of December. 1864, with the respective datesof such American registers: and also the authority of llff linger which such changes of registry have been a owe.
Mr. WILSON, of Iowa, demanded the regular order of business.
Mr. GRISWOLD. I ask the gentleman to yield to me to. submit a resolution which will give rise to no debate. Ml. WILSON, of Iowa. I must decline to yield. I see other gentlemen who will ask for the same thin. The SPEAHER stated that if objection had not been made by calling for the regular order of business he would have laid before the House a report from the SecyTreasury in regard to decrease of our mercantile marine, and suggesting such remedial legislation as he may deem expedient. in response to a resolution of the House of February 23, 1865; butas the House would perhaps desire to have the paperread, he would Withheld it for the present. SUFFRAGE IN THE DISTCOL. The morning hour having expired. the House resumed the consideration oi the bill (H.R.No. 1) extending the right of suffrage in the DistCol; on which Mr. CLARKE, of Kansas, was entitled to the floor.
Mr. KELLEY. Will the gentleman allowa question?
Mr. KELLEY. I ask him of what complexion he supposes the men were who adopted the constitution of the republic of Liberia?
Mr. JOHNSON. That is not on this hemisphere. I am not aware that the Government of Liberia is located anywhere on this hemi sphere. But yet it may be considered as included in the scope of my remark that the negro never yet organized and established a Government anywhere. I think, from my knowledge of the Government of Liberia, that it was established by the white race, just as a NewEngland mechanic constructs a locomotive or steamengine which is afterwards run by a negro in Delaware or Maryland. [Laughter] At the converge where I was educated there were 4 or 5 colored men educated by philanthropic gentlemen, or philanthropic societies, for the express purpose of sending them to Africa to administer that Government; and I have heard of a great deal of money being raised in the U.S. by white men, out of white mens earnings, for the purpose of running that Liberian Government. I deny that the Liberian Government is the off spring of the negro race. It did not originate with him; it is not his.
Mr. KELLEY. Will the gentleman allow me to ask of what complexion the members of the convention were who framed the constitution of the republic of Liberia?
Mr. JOHNSON. Well, I do not know anything about their comlexiou.
Mr. KELLEY. While on the floor, I would like also to ask my colleague with reference to an earlier remark of the gentleman, that white men discovered America, whether they were what we call white men, or whether they were not what are generally known as Basque?
Mr. JOHNSON. Well, sir, that is propounding 2 questions. As to the white men, they were of the European race. That is what we all mean when we talk about white men.,
Mr. JOHNSON. As to the complexion of those persons who got up the constitution and framework of the Government of Liberia, it matters very little. I presume they were all of the negro race; some were as black as could be and others were nite sallow. but I submit that t int is not the point. The gentleman knows, as everybody knows. that the iberian Government was gotten up by a sort of emigrant aid society in the U.S., similar to that which was got up by Massachusetts some years ago for the purpose of colonizing the Territory of Kansas. e colony and Government of Liberia did not originate with the African race.
Mr. KELLEY. Will the gentleman allow me a moment?
Mr. KELLEY. I apprehend that the republic of Liberia, its rapi progress, its wonder ul absorption of people recently reclaimed from barbarism, illustrates the power of organization and Government such as the history of no other community in the world has ever done. The basis of that community was, as the gentleman has intimated, a mass of freed slaves sent under the auspices of benevolent societies from this country. There neverhave been 15,000of them sent there. The early founders are still alive. It is the work of a generation; and yet its jurisdiction, within which the laws of the northern States ofAmerica are administered and quoted as authority, as we quote those of England, is now extended over half a million of Christian people. Those 15,00opeople must have had some organizing and executive facultv.
Mr. JOHNSON. The gentleman wanders entirely from the point suggested by me, the point of contradiction between us. M assertion is that it was nota Government esta lished, originated, by the African race, and the gentle man in his remark proves that, because o says that they have adopted our form of government and our laws, an note the decisions of the U.S and of England. Why, sir, they took their constitution and laws right from us, and the next thing we hear will e that they will have a constitutional amendment adopted in imitation of ours. [Laughter]
Mr. KELLEY. The have nowhere inserted the word “black” in their constitution.
Mr. WARD. I would ask the gentleman, if a majority of the free men of any State are disqualified from exercising the right of suffrage, is that a RFG.
Mr. JOHilNSON. I understand thatit;is and I ask the gentleman whether the government of the State of NewYork is a democracy.
Mr. JOHNSON. That is not an answer to my question.
Mr. WARD. The majority of the people of the State of NewYork are entitled to vote.
Mr. THAYER. The gentlemen, I resume, does not wish the House to infer from statement that the colored votes, to which he has just alluded in the case of Given, to which I suppose he refers, were given by negro soldiers.
Mr. JOHNSON. I do not know what the color was.
Mr. THAYER. From the manner in which the gentleman speaks, it might seem as if the colored votes would count in Pennsylvania
Mr. JOHNSON. But colored soldiers votes were of course just as good as will, they had been given after they were dead 2 years. [Laughter.]
Mr. THAYER. Only I did not see exactly how it supports the gentlemans argument.
Mr. JOHNSON. I cannotex lain it for the benefit of the gentleman himself. I am address in the whole House. BntI say that this conferrln upon the soldiers the elective franchise, an when they fail to exercise it putting in false returns for them, is about as complete a mockery as giving to a few of the smartest and best educated negroes, or those who have a little property, the right to vote, and thus attempting to guard it so that they can have no controlling inlluence. Sir, the man who votes must be eligible to be voted for. There can be no discrimination between men who have a common lot in the Government. For I come back to this proposition: that the voter is at the foundation of a popular Government. The power to govern is conventional, as drawn from the fact that he is a constituent part of that government itself. Therefore all machine voting falls to the ground. By machine votingI mean that kind of votin they used to have in the city of Baltimore in now Nothing timesvotes given by BloodTubs, BlackSnakes, and Plug Iglies. I do not know all those names; I have almost forgotten them. Machine voting is that by which a man puts a few hundred ballots in a district and demands of certain persons a certain number of votes when the poll is closed, and if thatis not enough, to have it fixed up by return day.
Mr. STEVENS. I do not an pose my friend designs any disrespect to Billy chiullen; butI advise him to be cautious.
Mr. RANDALL of Penns[yLlvaaungiah. tenfi e can take care of himse f.
Mr. SMITH. I ask the Gentfrom Massachusetts whether the loyal man of Louisiana, or of any State of the South who has never been in the rebellion, who has resisted it from the be ginnin and done all he could avainst it, is not entitle to damages as any man fiiom Massachusetts or any other loyal State of the Government 7
Mr. BOUTWELL. I do not reply to that question, because it is not pertinent to the debate I am now engaged in. onlyask the House to notice how pregnant is the suggestion itself of argument in support of the view I am presenting of the dangers of restoration with the elective franchise in the hands of our enemies exclusivel.
Mr. SMITH. I, do not how that it is perti nent to the result the gent cman proposes to come to, but it is to the position he has assumed and the argument he has presented.
Mr. SHELLABARGLR. With the permission of the Gentfrom Massachusetts [Mr. BourwsLL] I desire to make a single inquiry. It is this: I understand the bill, as reported from the ComJudiciary, proposes to strike out the wor “white” from all laws relating to the District. so that, according to the law, each citizen shall have the right to vote. Now, [wish to know whether the effect of the bill will be to submit to the officers holdin the elections in this District the right to deci o., under and in the light of the Dred Scott decision, that no man can vote as a citizen who is of African descent.
Mr. BOUTWELL. I suppose, Mr. Speaker, that it is settled by recent authorities that the word f citizen” embraces black persons as well as white.
Mr. SHELLABARGER. The gentleman does not apprehend my inquiry. the authorities of this District. weal know, will regard the decision in the Dred Scott case as law; and if it is law, then no person of African descent will be permitted to vote under the provisions of this bill as reported by the committee.
Mr. WILSON, of Iowa. The motion upon which the House will be called to vote is thatsub mitted by the Gentfrom NewYork [Mr. DARLING] yesterday, to postpone the consideration of this bill until the 1st Tuesdayin April. I do not propose to discuss that motion. It is made by the gentleman in ants onism to the exercise of the right of suffrage y any person in this District and in order that we may deter mine whether the House is in favor of the proposition to deprive all men of the right to vote in this District, l demand upon that motion the previous question.
Mr. NIBLACK. Is it in order now to move to lay the bill upon the table?
Skip Skip Mr. ELDRIDGE. I demand the yeas and mi s upon it. 1 he yeas&nays were ordered. The question was taken; and it was decided in the negptiveycas 47, nsys 123, not voting 12; So the House refused to lay the bill on the table. During the rollcall, Mr. I GBY stated that Mr. McRunR was detained from the House by sickness, and had been for 2 or 3 da 8 past. Mr. HUBBARD, of NewYork, stated that Mr. HOTCllKlSS was detained from the House by sickness. The result of the vote having been announced as above recorded. the question recurred on Mr. Dmuxus motion to lost one. Mr. DARLING. wi modify my motion so as to make the timethe 1st Tuesday in March instead of the 1st Tuesda in April. Mr. SCHENCK. As understand it, the previous question will exhaust itself on the motion The StPofioAsthpoEnRe. It will exhaust i. tself on the motion. tO postpone. The previous question was secollded, and the main question ordered. Mr. ROGERS demanded the yeas&nays on the motion to postpone. The yeas&nays were ordered. The questionwas taken; and it was decided in the ne ativeyeas 84, nays 136, not voting 13; So the motion to postpone was rejected. Mr. WILSON, of Iowa. I now demand the previous question on the motion to recommit the bill With instructions.
Mr. VOORHEES. I would ask that those instructions be read.
The Clerk read, as follows: Recommit with an instructn to the committee to amend the bill so as to extend the right of suffrage in the DistCol to all persons comin within either of the followmg classes. irrespective of caste or color, but subjout only to existing provisions and Qual Elections other than those founded on caste or color. mz 1. Those who can read the constitution of the U.S. 2. Those who are assessed for and pay taxes on real or personal property within the District. 3 hose who have served in and been honorably discharged from the military or naval service of the U.S and to restrict such right of suffrage to the classes above named, and to include proper provisions excluding from the right of suffrage those who have borne prms against t a U.S. during the late rebellion or given aid and comfort to said rebellion.
Mr. SCHENCK. Will the Gentfrom Iowa [Mr. WILSON] allow me to propose an amendment to those instructions?
Mr. WILSON, of Iowa. I will hear the amendment of the Gentfrom Ohio, [Mr. Summon]
Mr. SCHENCK. I propose to strike out this clause of the instructions: 2. Those who are assessed for and paytaxes on real or personal property within the District and then I shall move to insert the following in its proper place: Provided. however, That no loyal citizen of said district now having the right to vote therein shall be disfranchised.
Mr.WILSON, of Iowa. I cannot agree to that. I will permit the gentleman to make the motion to strike out.
Mr. STEVENS. I hope we will not make these instructions any better than they are; they are bad enough at best.
Mr. SCHENCK. I will moveto amend these instructions by striking out the property qualification.
Mr. WILSON, of Iowa. I now call the previous question. I will say that I modified my motion to recommit by accepting as a part of it the amendment moved by the member from NewYork [Mr. HALE] to recommit with certain instructions. I stated yesterday when I agreed to acceptthat amendment that I should myself oppose itand vote against it. But I accept it as a modification of my own motion, so as to save the taking of one vote and I have also consented that the Gentfrom Ohio [ML Sonnses] should submit his motion to amend the instructions.,
Mr. CONKLING. I wish to inquire whether my colleague [Mr. HALE] cannot accept the amendment of the Gentfrom Ohio [Mr. Scans ex] to his amendment, although his amendment has been accepted by the gentlemanfroln Iowa, Mr. wHSON.
The SPEAKERI. The Chairt inks the Gentfrom NewYork [Mr. HALE] would have the right to accept the amendmentmoved by the Gentfrom Ohio, [Mr. Samson] The Gentfrom Iowa [ML WILBON] cannot preselude him from the right of acceptin a modification, for it is a personal right of the gentfrom NewYork who moved these instructions, although the Gentfrom Iowa, in order to save time, has accepted them as apart of his own motion.
Mr. HALE. I cannot accept the amendment of the Gentfrom Ohio, [Mr. Scmmcm]
Skip Skip Mr. EiJdMIN. Are not those various propositions divisible? The SPEAKER. They are not; emotion to recommit with instructions is not divisible. The previous question was then 2nded, and the main question ordered; which was upon the amendment of Mr. Sonns ex.
Mr. WILSON, oflowa. I wish to state merely that I have no disposition to prolong this discussion, and I desire to have this bill brought to a vote. The objectionsto these instructions which have occurre to my mind I will briefly state. In the 1st place, the most material objection is the one relatin to the last instruction proposed to be sent to the committee, which reads as follows: and to restrict the right of suffrageto the classes abovenamed that is, to “those who can read the Constitution of the U.S., ” “ those who are assessed for and pay taxes on real or personal property within the district, ” and “ those who have served in and been honorably discharged from the military or naval service of the U.S. ” It will he observed by eVery member of the House that if these instructions are given to the committee, it will be a vote on the part of the House in favor of depriving even loyal white men of the right of voting in this District, if they do not come within one of these qualifications. Now, notwithstanding I accepted these instructions as a part of my motion, I stated at the time that I should op use the motion, although made by myself. his is now in a shape that do not see how any man canjustify himself iu voting to recommit with these instructions, when it would deprive even loyal white men in the District of the right to vote, to say nothing of its effects on the blacks.,
Mr. DAVIS. I desire to address an inquiry to the chairman of the ComJudiciary, [Mr. WILSON, of Iowa.] Cries of “Order! “ Orderl”]
The SPEAKER. The previous question having been 2nded, an the Gentfrom Iowa, [Ma Wilsou] who reported this bill, having concluded his remarks in close of the debate, further debate is not now in order. The puestion being taken upon the amendment of Mr. Senss ex, it was agreed to.
Skip Skip The question then recurred upon recommitting the bill with the instructions proposed by Mr. HALE, as amended on motion of Mr. Senes ex. Mr. AN conA called for the ycas&nays. The yeas&nays were ordered. The question was taken; and it was decided in the ne ativeyeas 53, nays 117, not voting 12; So the House refused to recommit the bill with the proposed instructions. The bi was then orderengross for a 3rd reading and being engrossed, it was accordingly res the 3rd time. hTgenquestion being on the final passage of tei Mr. WILSON, of Iowa, demanded the previous question. I.
Mr. MYERS. I ask the Gentfrom Iowa to yield to me for one moment that I may offer an amendment. [Several Alumnus.” Oh, no. ”] It is simply to provide that at least one cars actual residence in the DistCol shall be necessary to entitle a person to vote.
The SPEAKER. It is not in order to amend the bill at this stage.
Skip Skip The previous question was 2nded, and the main question ordered. Mr. FINCK. I call for the yeas&nays on the passage of the bill. The yeas&nays were ordered. The liestion was taken; and it was decided in the rilfirmativeyeas 116, nays 54, not voting 12; So the bill was passed. The announcement of the result was greete in the galleries and on the floor with loud dem onstrations of applause, which the Speaker was for some time unable to check.
The SPEAKER. The Chair will state to gentlemen of the House that it is useless for him to attempt to enforce order in the galleries if members will not observe their own rules.
Mr. SPALDING. mtRtv just taken; on the table. Agreed to.
Skip Skip LEAVE of ABSENCE. Mr. SCHENCK. I ask leave of absence in definitely for my colleague, Mr. DELANO, who has been called to his home by a death in his family. Leave was granted. Mr. JENCKES. I ask leave of absence for myself until Tuesday next. Leave was routed.
Mr. Thayer. I move that the House adjourn. The motion was a eed to; and thereupon (at 4 oclock and fty minutes) the House adjourned. .
@@@IN SENATE SENATE. FRIDAY, January 19, 1866. Prayer by the Chaplain, Rev. E. H. GRAY. I The Journal of yesterday was read and approved.
Mr. HENDERSON, it was Ordered. That the petition of George D. C. llibbs. on the filesof the Senate. bereferredto the comniittec on Claims. On motion of
Mr. ANTHONY, it was Ordered. That the petition of John Ericsson. on the files of the Senatob. e referred to the ComNavAffrs. BILLS INTRODUCED.
Mr. RAMSEY asked, and by unanimous consent obtained, leave to introduce a bill (S.No.87) for the relief of certain volunteer officers appomted by the President which was read twice by its title, and referred to the ComMilAffrs and the Militi. Mr. WILSON asked and by unanimous consent obtained, leave to introduce abill (S.No.8?) to restrict the expenses of collecting soldlm daima against the Government; which in the administration of our laws and admiralty l was read twice by its title, referredto the commMilAffrs , and ordered to be printed.
Skip Skip MESSAGE FROM THE HOUSI Amessage from the HoRep, by Mr. McPherson, its Clerk, announced 1 that the HoRep had passed a bill Mr. No. 1) extending the right of suffrage in the DistCol; and a bill (H.R.No. 143) for the relief of Charles F. Anderson; in which the concurrence of the sen1 ate was requested. PRINTING OF A BILL. On motion of
Mr. HENDERSON, it was. That thoJtResolution (S.R. No. l9) for therelief of certain volunteer troopsofMilsouriwho servedduring the war be printed. SENATOR FROM FLORIDA.
Mr. SUMNER. I wish the Senator would Withdraw his motion for one moment that I may have an opportunity to make a brief explauation.
Mr. GRIMES. I rise to a question oi order.
The PRESIDENT proteinpore. The Senfrom Wisconsin Will suspend his remarks, and the Senfrom Iowa Will state his point of order.
Mr. GRIMES. My point of order is, that this whole debate is out of order from the commencement of the speech of the Senfrom Wisconsin, which was unprecedented, at any rate in this body, down to the last words that were uttered by the Senfrom Massachusetts. If upon the presentation of credentials here, we are to have a debate upon all thesequestions of reconstruction and en ogiuins upon the gentlemen named in them, we shall take up the whole time of the Senate during the session. As I understand it, there is no motion before the Senate. The Senfrom Wisconsin went on and made a speech, stating that he was going to make a motion to lay the credentials upon the table. He concluded his speech by that. motion, and then withdrew making it, and we stan now exactly where we were when the Senator, 1st rose without making any motion at all. I move that the credentia s lic upo n the table.
Mr. DOOLITTLE. I believe it is not out of order for me, in rising to makea motion to state my purpose in making the motion, i no one objects, if I conclude With making the motion, as I did in this case. I withdrew the motion at the suggestion of the honorable Senator. from Massachusetts, for the purpose of allowing him to make his statement, so thatI eer tziinly was not out of order. I made the motion before any objection was made by the Senfrom Iowa that I was out of order. It istrue. i l withdrew it to accommodate the Senfrom 1 Massachusetts.”
Mr. GRIMES. The Senator went on and made a speech without making any motion; there was nothing at all before in: Senate. He told us he was going to inakeauiotion, and just before he sat down he did make a motion, and then withdrew it. All the remarks, therefore, that the Senator made were out of order, beenum there Was nothing pending before the Senate; and that is the condition we are in at this moment; there is nothing pending before the senate. The Senator has sent to the table the credentials of a gentleman claiming to represent the State of Iiloridn. We. all agree with him, I suppose, as to the qualifications and character of this gentleman who comes here from Florida; but I want to have this matter disposed of, for one, precisely as we dispose of similar cases and not have the whole morning hour consume in a discussion of this sort.
The PRESIDENT o temper c. The Chair will give his views on th; point of order. There is no question before the Senate on which debate can legitimatcly arise. The motion now is that the document which has been introduced be laid a on the table.
Mr. CLARK and that motion is not debatable. The motion was agreed to. HOUSE BILLS REFERRED. The followin bills and JtResolution from the HoRep were severally read twice by their titles, and referred as indicated below: A bill (H.R.No. 1) extending the right of suffrage in the DistCol to the ComDistCol. A JtResolution (H.R.No. 46) to change the name of the ship Art Union to the name George M. Barnardto the Comcommerec. A bill (H.R.No. 143) for the relicfofCharles F. andersonto the ComPubBldg. PENSION AGENTS.
Mr. LANE, of Indiana. I move that the Senate take u for consideration Senate bill No. 69, to provide for the payment of pensmns, which was once before the Senate and delayed until we could get the letterof the SecyInterior accompaning it printed. That letter we now have, an I suppose the dispositionof the bill will not consume 5 minutes.
Mr. TRUMBULL. I have no objection to that bill coming up if it is likely to be disposed of before the morning hour expires. but at that hour another bill is in order, which I hope we may proceed with the consideration of.
Mr. LANE, of Indiana. I have no doubt that this bill can be passed in 5 minutes.
Mr. TRUMBUL i. I have no objection to the motion if the billcan be disposed of before one oclock. The motion was agreed to; and the Senate, as in Committee of the Whole. resumed the consideration oiihe bill (S.No.69) to provide for the Ipayment of pensions.
Mr. LANE, of Indiana. I ask that the letter of the SecyInterior accompanyingrthe bill, and showing its propriety and necessity. may be read.
Mr. TRUMBULL. I would inquire of the Senfrom Indiana whether there ought not to be some limitation in this bill. As it is, it authorizes the appointment of any number of these officers. ic President niny, under it, appoint 50 in one State if he shall think proper. Is it not practicable to limit it to a certain number? would also like to inquire what the fees are: I see by the letter of the Secretary that it is stated that adequate provision is made for the payment of these officers. A few years ago I had occasion to look into the pension laws with a view of ascertaining by what authority the SecyInterior increased the number of pension agents. I was. aware that he was appointing new agents in different parts of the country, and I searched the stat utes as I thought, very carefully, and although the Secretary in his letter refers to some stat ute, I failed to find any authority for the SecyInterior to make these appointments. I have never been able to find it, and if the chairman of the ComPensions will refer us to the statute which gave that authority I shall examine to see what its limitations are. Further it would seem to me that this bill is very broad and not sufficiently guarded. I have no obJection to the object of the bill; I think it proor that appointments of this character should be made by the President, by and with the BdVlCOand consent of the Senate, and I think it properalso that the number of pension agents should be increased. I am not comlaining that mmvttceon they were increased; but I faile to find the authority of law for it.,
Mr. LANE, of haiisas., One of the objects I had in offerin the resolutiorr which resulted in the presentation of this bill was to have the acting agents revised by the President and the Senate and I should like to know from the chair man of the ComPensions what objection there was to so framing the bill as to have the nominations of the existing agents pass in revision before the President and Senate.
Mr. LANE, of Indiana. The objection, as I understand, was just this: we have 49 pension agents who have given bonds ranging from $25,000to $200,000. The SecyInterior says he is perfectly satisfied that every single agent is honest, competent, and cfiicient and he does not need any change in them. The ComrPension assured the committee of precisely the same state of things. We did not think it proper to legislate out ofoffice 49 good odicers when neither the SecyInterior nor the ComrPension desired any such thing; but we leaVe it to the President, and to the SecyInterior on his recommendation, to revise the whole list and reappoint them all if he chooses; but in the mean time all these acting agents retain their offices. I find, too, that the bonds, in the opinion of the ComrPension, are sufficient. I have alist here of them all.
Mr. LANE, of Kansas. What is the bond of the agent in Kansas?
Mr. LANE, of Indiana. 75,000 dollars is the amount of the 0nd of the agent in Kansas. They require a very high bond in Kansas.
Mr. POMEROY. I think the suggestion made by the Senfrom Illinois is a very good one. "here ought to be at least some limit. If these offices are so remunerative, as the SecyInterior in his letter indicates, there will of course be a great many applications, and I would suggest to the Senfrom Illinois that it be limited to one pension agent for each congressional district. but will give one to about 125,000 inhabitants. I believe that is about the right number.
Mr. LANE, of Indiana. Myimpressionisthat the%age is fixed by the SecyInterior; I do not believe there is any law regulatincthe amount of the%age. I understand the fact to be, however, that there are no pension agencies in the U.S. worth $3,000 a year. There is no single ngency where the%age amounts to that much, though in one office $600,000 a year is aid out. I understand that hardly any of the agencies exceed $2, 600 a year. The argument of the Senfrom Illinois, that there is now no law regulating the appointment of these agents, is the very strongest possible reason why we should pass a law on the subject. The very thing contemplated by the bill before the Senate is to fix e manner of appointment. The only question is whether we be better limit the number. I think it impracticable and wholly useless to do so if we could, for if they are paid by a %age they will only receive a certain proportion of the whole amount, whether it be paid by many or few agents. The Senfrom Kansas [Mr. Ponnuor] suggested that the number should be limited to one agent for each congressional district. That would be a beautiful limitation ! One to each congressional district, when we now have only 49 for the whole U.S. ! The complaint is that we have too many now; land therefore the number must be limited by appointing 244 I do not see the force of that argument. We must leave the discretion somewhere, trusting and believing that no more will be appointed than the necessities of the country demand.
The PRESIDENT protempore The morning hour having expired, it becomes the duty of the Chair to call up the unfinished business of yesterday, which is Senate bill No. 60. BUREAU. The Senate, as in ComWhole, resumed the consideration of the bill (S.No.60) to enlarge the powers of the Freedmens Bureau.
Mr. SAULSBURY. As Ipropose to make in their military capacity, or pursuant. to orders fromm some remarks in rely to the honorable Senfrom Illinois, the c milman of the ComJudiciary, I wish to ask him one question, and it is this: whether he believes that, GenlGrant, or the POTUS States, had any constitutional authority to make such an order as that? I should like to have an answer to this question.
Mr. HENDRICKS. Iaskthe Senatorwhether the language which he is now citing from the ei bth section is found in the 7th section of the bill?
Mr. HENDRICKS. It is not. The argument which the Senator is now answerin is an argument which was made to the caveat section of the bill, and the only limitation upon the operation of the 7th section in any State is that it shall have been aState in which the courts were interrupted by the rebellion; and I stated that whether the courts of Indiana had been at any time interrupted would be a question that might, perhaps, be decided differently by differentpersons; that there had been an invasion of the State known as the John Morgan raid; whether that amounted to an interruption of the courts I could not tell. Now, if the Senator will an swer my argument, as applicable to the 7th section, be will do justice to myself and to the subject. I did not say that the 8th section up ilied to Indiana.
Mr. TRUMBULL. I shall be very happy to answer it, and the Senfrom Indiana will see how plain a statement shall answer it all. The 7th section does not provide for a court at all; the only provision in the bill providing for a freedman s court is in the 8th section, and the 8th section says that court shall have no jurisdiction in any State that. maintains its constitutional relations to the Government. Now, if the Senfrom Indiana, out of this, can make it out that a Freedmens bureau court is to have jurisdiction in I ndiana under the 7th section, be will do what I cannot understand.
Mr. HENDRICKS. The Senator will allow me to say that I will make out just what I made out in the 1st place. The 7th section providesthat in any State where the roeeedings of the courts have been interrupte, and any of the rights which are enjoyed by white peeple are denied to colored people, the protection of the military poWer shall be exten edover the persons thus deprived of the ir civil rights. That is what I said would occur in the State of Indiana if the officers of the bureau should hold that the courts in that State had ever been interrupted; and the limitation in the 8th section, that as soon asthe courts again are in full operation the section shall cease to operate in that. State, is not applicable to the 7th section, but the 7th section continues in force as long as the State denies the civil rights and exten s military protection. I asked the Senator. to say just what that was when I was up.
Mr. SAULSBURY. Will my friend allow me to say one word?
Mr. SAULSBURY. I say, as one of the representatives of Delaware on this floor that she had the proud and noble character of being the 1st to enter the federal Union under a constitution formed by equals. She has been the very last to obe a mandate, legislative or executive, for she ishing slavery. She has been the last slaveholding State, thank God, in America, and I am one of the last slaveholders in America.
Mr. TRUMBULL. Well, Mr. President, I do not see particularly what the declaration of the Senfrom Delaware has to do with the question I am discussing. His State may have been the last to become free, but I presume that the State of Delaware, old as she is, being the 1st to adopt the constitution, and noble as she is, will subinit to the constitution of the U.S., which declares that there shall be no slavery within its jurisdiction. [Applause in the galleries}
Mr. HENDRIKS. With the permission of the Senator, I will answer the question that is propounded by him. It is, whether as an act of justice, if your arm was withdrawn and the possessory right cease in the midst of a growing crop, they could be immediately turned off. I presume the Senator will agree with me that the common law principle applicable to such a case would apply to that particular case, and that is, that where an estate is uncertain in its duration, and it ceases to exist while a crop is growing, it shall continue until that crop is gathered. For instance, a life estate is uncertain in its duration; a crop is growing, and because of the death of the party upon whose life the estate is dependent the estate ceases; yet it shall continue until the growing crop is gathered. I presume that principle of law would aply to an uncertain possessory right, such as general herman unertookto confer.
Mr. RAMSEY. I move that when the Senate adjeurns today, it adjourn to meet on Mon da next.
The PRESIDING OFFICER, (Mr. Pom: BOY in the chair.) The motion can only be received at this time by unanimous consent.
Mr. TRUMBULL. It seems to me that as we have this bill under consideration we had better continue with it. Several Sassroas. Oh, no; let us adjourn over.
Mr. TRUMBULL. I submit it to the Senate whether we had not better go on and sit tomorrow for the purpose of continuing its consideration.
Mr. CLARK. I object to the consideration of the motion at the present time.
The PRESIDING OFFICER. The motion cannot be received. The question is on the amendment of the Senfrom Illinois to the bill before the Senate.
The Secretary read the amendment, which was to strike out the 5th section of the bill, in the following words: Sac. 5 and he 1: Abife: That the possess ory titles granted in pursuance of Major GenlSherman s special field order. dated at Savannah. January 16, 1865a, rehereby confirmed and made valid and to insert in lieu thereof: Abife: That theoccupantsof land under his or GenlSherman s specia field order. dated at avannah. January 16. l are herebycon firmedin their possessions for the periodof 3 years from the data of said order; and no person shall be disturbed in or ousted from, said possessionduring said than years unless a settlement shall be made With said occupant by the owner satisfactoryto the Commissioner of the freedmens uroau. The amendment was agreed to.
Mr. FESSENDEN. I wish to ask a question of my friendfrom Illinois in regard to one clause of the Bill.” of the provision authorizing the purchase of lands for a particular purpose. y difficulty is a constitutional one, an the objection from which it arises struck me with some force when it was stated by the Senfrom Indiana. The bill, as I understand it, authorizes the purchase of land for the purpose of leasing it to colored persons as homesteads. I desire to know whence the authority is derived to do that. My friend wilh allow me to say that it is not like an appropriation of public lands for such a purpose. That comes under a specific clause of the constitution giving Congress power “to dispose of” the public lands. The power grante by the constitution is general, broad, and comprehen sive, to dispose of the public lands according to the discretion of Congress. It does, in fact, purchase land within a State by treaty. That has been done in the extinguishment of the Indian. titles in the States, but it has been done under the treaty power, and the treaties could not be carried out without an appropriation by Congress for that purpose. at outside of that, I am not aware of an purpose for which lands have been purchased y the General Government except to carry out certain necessary objects of Government. Forinstance, we must collect the customs, and we may purchase lands for the purpose of erecting thereon a customhouse. There is specific authority for that purpose; but whether we can for any other purposes purchase lands, in order to lease them or give them away for particular objects, however good the objects may be, is a question in regard to which I have some difficulty. I am now by no means expressing an opinion;I am only stating a doubt to the honorable Senator in order that he or some other member of the ComJudiciary may relieve my mind upon the subject. There were other points which the Senator has satisfactoril answered.
Mr. TRUMBULL. suppose that as a General proposition the Government of the U.S. cannot engage in the purchase of lands with a view of farmin them out to the citizens of the U.S.. but the condition in which we are is peculiar; these people are thrown upon the government for the time being. It is not proposed to urcliase these lands and gave them away. I o Government, I think, is bound to take care of them. It would have been competent for the Government to have made them all prisoners of war. I suppose that as a question of power the Government might have on tured and held in prison all the inhabitants of the South, white and black, where our armies went; it might have sent them, ifyou please, to the cit ofWashington, and retained them upon a Unirented by the Government for that purpose, and kept and supplied them there for the time being. We are bound to provide for them. We have that right, I think, as owin out of the war power.
Mr. FESSENDEN. Then the Senators an swer is that it is a necessity outside of the constitution, and under the war power we can do this thing.
Mr. TRUMBULL. I do not regard it as outside of the constitution. It is a necessity arising out of the war power, and the Constitution gives the war power just as much as it gives any other power, in my view. I think it is very much like the case of Africans thrown upon our coast. Suppose and such cases have occurred a slavetrader is driven into one of our harbors with a load of several hundred Africans, and they are landed there, the Government provides for them. We have had a law of Congress providing for such cases for a long time. We take charge of and rovicle for them and we send them back to A rica; but we are not compelled to send them back; I think we might make a different provision for them. Thisis afunction which, as a nation clothed with war powers, we may exercise. It may not be ajudicious mode of doing it; the Commissioner of the freedmens Bureau thinks it is. He thinks this will involve no expense to the Government; from the experience he has had in the last year he thinks he can obtain lands upon which to place the freedmen, where they will not only sustain themselves but be able to refund what he has to pay for them. During the progress of the war the Government of the U.S. has been, and at this very time is, paying rent for tracts of land in nearly all of the States for prison purposes, and various other purposes growing out of the war. These people are upon us just as legally and effectually as if we had captured them and were holdin them by force of arms in prison at this time. he Senator will observe that it is only in reference to the indigent that this provision is made.
Mr. FESSENDEN. The Senator will understand me. I do not objectto the thing itself if it can be done; and if it cannot be done the ar uinent of expense or cost is no answer.
Mr. TRUMBULL. I do not putit upon that ground. I was undertakin to show merely that we have occupied land in the various States for war purposes in order to enable us to carry on the war. I do not know that we have purchased these lands, but I do not see why we might not have purchased them if that had been t ought more (IWHHIWEOUS to the Government. I do not see why the Government mi lit not have purchased the property at Camp Douglas, for instance, near t ie city of Chicago, where some 8 or 10,000 prisoners were confined, and for which the Government has paid or will have to pay a large reht. As a question of power, I cannot see wh it could not purchase as well as lease the land: So we have power to provide iorthese people. The Governmenthav mg that power has, in in judgment, the power to adopt any means which it thinks best a apted to accomplish that end; and if in the opinion of congress the best means which can be adopted to ta e care of these people is to buy land and put them on it, I think we may do it, for the obligation to take care of them is a conStitutional obligation imposed upon us as a Government.
Mr. HENDRICKS. To test the sentiment of the Senate on the question whether this shall he a permanent bureau of the Government, I move to strike out of the 1st section the words “shall continue in force until officrwise provided by law" in the 5th and 6th lines. his amendment in regard to the duration of the bureau, if adopted. will leave it just as the law oflast year left it.
Mr. TRUMBULL. I have only to say that congress meets once a year, and can repeal the law at any time. The bureau will expire at the end of a year as the law now stands, and the committee thought it better to leave it in force until otherwise provided by law.
Mr. HENDRICKS. I desire to ask the senator when that year will end. Does he understand that the ycar has commenced to run yet or not? I should like to hear from him whether the car has commenced to run.
Mr. FESSENDEN. Now, if myfriendfrom Illinois makes no objection, I move that the Senate adjourn. The motion was agreed to; and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. FRIDAY, January 19, 1866. The House met at 12 oclock in. Prayer by the Chaplain, Rev. C. B. BOYXTON. The Journal of yesterday was read and approved. MERCANTILE MARINE.
The SPEAKER laid before the House a report from the SecyTreasury in regard to decrease of our mercantile marine, and suggesting such remedial legislation as he may deem expedient. in response to a resolution of the House of February 23, 1865.
Mr. WASHBURNIS, of Illinois, moved that the report be referred to the ComCommerce, and ordered to be printed. The motion was agreed to. SUFFRAGE IN THE DISTCOL.
Mr. HUBBELL, of Ohio. Mr. Speaker, I rise to a question of privilege. When the vote was taken yesterday on the passage of the bill giving colored people in this District the right to vote I was confined to my room by indisposition. I ask the unanimous consent of the House forleave to record my vote in the affirm ative. ,
The SPEAKER. The Chair will state that the rule adopted at the last Congress provides that “when any member shall ask leave to vote, the Speaker shall propound to him the question, Were you within the bar before the last name on the roll was called? and if he shall answer in the negative, the Speaker shall not further entertain the renest of such member to vote.” Under that rule the Chair decides that he cannot ask unanimous consent.
Mr. ROGERS. Cannot the rules be suspended?
Mr. HUBBELL, of Ohio. I have cal to say that I would have recorded my vote in avor of the passage of the bill.
The SPEAKER. The rule was adopted at the last Congress, under debate, to preventvotes being recor edexce t when the members were in their seats when the roll was called by the Clerk. MARY KIRBY SMITH.
Mr. DAVIS movetl that the ComInvalidPens be discharged from the further consideration of the papers in the case of Mary Kirb Smith, and that have be ranted for the with rawal of the papers from the files of the House, provided copies be left. The motion was agreed to. CURRENCY REPORT.
Mr. GRISWOLD, by unanimous consent, submitted the following resolution: Resolved That there be printed for the useof congress5,000deopiesofso much of the report of the Coniptroller of the Currency asiscompris in the 1st 13 pagesof said report.
The SPEAKER stated that the resolution, under the rules, would be referred to the ComPrintg. It was referred accordingly. COMPENSATION OF POSTMASTERS.
Mr. GRINNELL, by unanimous consent, introduced a bill to amend the postal laws ulating the compensation of postmasters; whriecg}; was read a 1st and 2nd time, and referred to the comPostOffice. TAX UPON FLATBOATS
Mr. MOOBHEAD, by unanimous consent, submitted the followmg resolution; which was read, considered, and agreed to: Resolved, That the ComCommercebein structed to inquire into the expediencyof so amending the act of uly 14, 1862a. sto exemptfrom enrollment and payment of tonnage tax all flatboats and, barges used on the western waters in carrying the Educts of their owners to market, and not used for e or as commoncarriers. MIAMI INDIANS.
Mr. STILLWELL, by unanimous consent, submitted the followmg resolution; which was read, considered, and agreed to: Whereas the U.S. entered into a treaty with the Miami Indians on the 4th day of August, 1854, and whereasit was agroedin said treaty that no persons other than those embraced in the corrected ist agreed upon by the Miamis of Indiana, in the presence of the ComrIndAff, shall be the recipients of payments or annuities unless other persons shall be added to said list by the consent of the Miami Indians of Indiana obtained in council, according to the custom of the Miami tribe of Indians; and whereas it is deemed by said tribe of Miami Indians of Indiana that there are persons added to list who are not entitled to any payment or annuitsieasid: Therefore Resolved, That I the ComIndAffrs be requested to examine and report by bill or otherwise, who constitute the tribo of Miami Indians of Indiana. v HEIRS OF JOHN E. BOULIGNY.
Mr. WOODBRIDGE, by unanimousconsent, introduced a bill for the relief of the heirs of John E. Bouligny; which was read a 1st and 2nd time, and referred to the ComPrivLandClms. MARY DUNN.
Mr. RICE, of Massachusetts, by unanimous consent, introduced abill for the relief of may Dunn, widow of Richard Fletcher Dunn; which was read a 1st and 2nd time, and referred to the ComInvalidPens. NATIONAL CURRENCY.
Mr. HOOPER, by unanimous consent, from the ComBanking&Currency, reported the following resolution; which was read, considered, and agreed to: Resolved, That the SecyTreasury be reuestedto iplorm this House what a portionment of t a circulating notes authorized by t. enational currency acthasbeenmadetobankin associationsin the different States. in the DistCol, and in the Territories. as required by the amendmentto the national currency act, approved March 31.
The SPEAKER stated the business in order was the call of committees for reports on private cases. D. C. HAYNES.
Skip Skip Mr. THORNTON, from the ComClaims, submitted an adverse report on the memorial of D. C. Haynes; which was laid on the table. B. E. BURNS. Mr. NIBliACK, from the ComClaims, submitted an adverse report on the memorial of B. E. Burns, of Missouri; which was laid on the table. SARAH E. (mowua. Mr. WASHBURN, of Massachusetts, from the ComInvalidPens. submitted an adverse report on the petition of Mrs. Sarah E. Grower; which was laid on the table. DAVID G. DATES. Mr. WARD, from the ComClaims, submitted an adverse report on the bill for the relief of the legal representatives of David G. Bates; which was laid on the table. nuns MAvov. Mr. BARKER, from the Committee of claims, submitted an adverse report on the petition for the relief of James McAvoy; which was laid on the table. GEORGE CALVERT. Mr. McKEE, from the ComClaims, submitted an adverse report on the petition of George Calvert; which was laid on the table. DAMAGES IN REBEL STATES.
Mr. McKEE. I would like to make an inquiry in regard to a report submitted by the chairman of the Committce of Claims, taken up for consideration yesterday during the morning hour.
The SPEAKER. When the ComClaims are called upon for public business again, which will be either today, if the morning hour does not exire, or on Tuesday during the moming hour, that will be still business before the House. VOLUNTEER TROOPS IN MISSOURI.
Mr. SCHENCK, from the ComMilAffrs, moved that the committee be discharged from the further consideration ofJtResolution No. 44, for the benefit of certain volunteer troops of Missouri, and that the same be referred to the select comWarDebts of the loyal States. The motion was agreed to. MARY JANE CONRAD.
Mr. BENJAMIN, from the ComInvalidPens, submitted an adverse report on the petition of Mary Jane Conrad; which was laid on the table. 100 DAYS SOLDIERS.
Mr. HARDING, of Kentucky, from the comInvalidPens, submitted an adverse report on the resolution to grant pensions to relatives of soldiers who enlisted for 100 days and died in service; which was laid on. the tablye. BERKELEY and JEFFERSON COUNTIES.
Mr. LAWRENCE, of Ohio. Mr. Speaker, I rise to a privileged question. On the 12th of January the ComJudiciary reported back a JtResolution givmg the consent of Congress to the transfer of the counties of Berkeley and Jefferson from the State of Virginiato the State ofWestVirginia, with a written report recommending that the resolution be passed. In or der that the report might be printed, and give a little further time, the resolution was recommitted to the ComJudiciary. A motion was made to reconsider that vote, and I desire now to take up that motion, so that the matter may be disposed of.
The SPEAKER. When the House is engaged at any time in the consideration of public business that will be in order; but it is not in order when private business is under consideration.
Mr. LAWRENCE, of Ohio. Very well; I will make the motionat some other time. CHARLES I". anderson.
Mr. RICE, of Maine. The ComPublic Grounds have directed me to report a bill for the relief of Charlcs F. anderson. I wish to state that this bill passed both branches of Congress at the last session, but failed to obtain the signature of the President by some in advertency. The old gentleman for whom this reliefis troposed is waitin here. The bill has passed the Senate twice. It is accompanied by a petition which can be read if necessary. move that the House proceed to the consideration of the bill. The motion was agreed to. The bill, which was read, directs the SecyTreasury to pay to Charles F. anderson, architect, the sum of $7, 500 in full for time, labor, and expense in preparing plans and draw ings for the Capitol extension.
Skip Skip Mr. RICE, of Maine. Unless some gentle man desires the reading of the petition, move the previous question. the previous question was 2nded, and the main question ordered. The bill was orderengross, and read a 3rd time; and being engrossed, it was accordingly read the 3rd time, and passed. Mr. RICE, of Maine, mtRtv the bill was passed; upon the table. Agreed to. The call of committees for rearts of a private nature having been concln ed,
The SPEAKER stated that the committees would now be called for reports of a public character. WAR TROPHIEB.
Mr. STEVENS. I move that the rules be suspended, and that the House resolve itself into ComWhole pn the state of the Union, for the purpose of considering approriation bills. It
Mr. SCHENCK. I ask the Gentfrom Pennsylvania to allow me to over a resolution calling for some information proor to be had before he takes up the Military cademy bilL
Mr. STEVENS. If it applies to that bill I have no objection, and will waive my motion for that purpose.
Mr. SLHENCK, by unanimous consent then submitted the followmg resolution; which was read, considered, and agreed to: Resolved. That the SecyWar be directed to communicateto this House copiesof the correspondencewhich took place in or aboutthe month ofJune, 1865 between the Superintendent of the U.S. Miliiary Academy and the chicfof the Enzine crcorps of the U.S. Army, in relation to markingwith the namesof any battles in which they were taken, or of. ciwisc, guns captured during the rebellion, and preserving the sameas public trophiesat WestPoint. TREATYOF WASHINGTON.
Mr. RICE, of Maine, byunanimous consent, introduced a bill further to secure to American citizens certain privileges under the treaty of Washington; which was read a 1st and 2nd time, and referred to the ComCommerce. PREVENTION OF SMUGGLING.
Mr. RICE, of Maine, also, by unanimous consent, introduced a bill further to prevent suing gling; which was read a 1st an 2nd time and referred to the ComCommerce. BANKRUPT BILL.
Mr. LAFLIN, from the ComPrintg, reported the following resolution; which was read, considered, and agreed to: Resolved. That 5,000 copiesof the bill to 1866. 325 establish a uniform system of bankruptcy through out the U.S., as reported by the sclcetcommittee on that subject, be printed or the useof the House in pamphlet form. ADJOURNMENT ovnn.
Mr. WASHBURNE, of Illinois. I rise to a privileved question. I move that when the House a journs today it adjourn to meet on Monday next., The motion was agreed to. STAMP DUTY 0N WRITTEN INSTRUMENTS.
Mr. CULLOM. I ask the unanimous consent of the House to offer the following resolution: Resolved. That the ComWays&Means be instructed jo n uira into the expediencyof repealing that portio of the interpal revenue law relatin to stampdnties uponwritten mstruments and referred to in schedule B of said law.
Mr. MOORHEAD. I hope the gentleman will change the word “instructed to “re quested.”
Mr. CULLOM. I will do that.The resolution as modified was agreed to. CENSUS BUREAU.
Mr. KETCHAM, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Resolved. Thatlthe ComMilAffrs be instructed to inquire into the expediencyof consolidating the CensusBureau With the Provost marshals Bureau, and that they be permitted to report by bill or otherwise. PAY OF SOLDIERS.
Mr. VANHORN, of Missouri, by unanimous consent, introduced a bill to amend the 9th section of the not entitled “ An act to increase the pay of soldiers in the U.S. Army, and for other purposes;” which was read a 1st and 2nd time, and referred to the ComMilAffairs.
Mr. STEVENS. I now insist on my motion to go into ComWhole on the state of the Union. The motion was agreed to. So the rules were suspended, and the House accordingly resolved itself into the ComWhole on the state of the Union, (
Mr. BLAINE in the chair.) MILITARY ACADEMY.
The CHAIRMAN announced the 1st business to be the consideration of a bill (H.R.No. 37) making appropriations for the support of the Military Academy for the year ending the 30th of June, 1867.
Mr. SCHENCK. I will ask the chairman of the ComAppropriat [Mr. STEVnus] to permit this hi 1to be passed Over informally, because it is desire to offer some amendments to it on bmey half of the Board of Visitors at WestPoint, of which I happen to be chairman. I am not now ready to otibr those amendments, as the report is not yet printed. I will, therefore, move to postpone this bill for the present. Mr. STEVENS. If the gentleman says he is not now prepared with his amendments, I cannot resist his motion.
Mr. SCHENCK. The report is not yet printed.
Mr. STEVENS. I hope it will be ready so that we may proceed with it on Monday. The motion of Mr. SCHENCK was agreed to. NAVAL APPROPRIATIONS. The committee then proceeded to the consideration of House bill No. 122, making appropriations for the naval service for the year end in the 30th of June, 1867. I
Mr. STEVENS. I understand, from information just given me, that the ComNavAffrs have some amendments which they desire to propose to this bill, but are not quite read to submitthem now. I do not like to delay the consideration of this bill; but to enable them to submit those amendments I will consent that this bill be laid aside for the present. But I hope that we will be ready on onday to procee with the consideration of all these a iropriation bills.
Mr. RI, of Massachusetts. I do not object to that; but I desire it to be undeirstood. that it is not done at the request of the comNavAffrs.
Mr. STEVENS. Very well; then we may as well go on with the bill now. The bill was then read at length; after which the Clerk proceeded to read it by clauses for amendments. At the conclusion of the readin of the para graph making appropriations for the Bureau of ards and Doc s
Mr. RICE, of Massachusetts, said: I believe there has been omitted from the printed bill an appropriation asked for from the Bureau of Equipment and Recruiting. I would ask the ComAppropriat if that committee did not have such an item as that before them. There is an estimate for$800,000 for the Bureau of Equiment and Recruiting, which I understand has ecu accidentally omitted.
Mr. STEVENS. There was such an item reported in our bill, but it is not in the copy on file. We had intended to introduce the item before the item for the Bureau of Medicine.
Mr. RICE, of Massachusetts. It would properly come in before the appropriation for the Bureau of Navigation. I will take this oc casion to say, that in this Bureau of Equipment and Recruiting there is an excess of the appropriation for fuel of more than sufficientto cover what is asked for the expenses of the present year. Therefore, if the comappropriations shall see fit to consent to an amendment to authorize the transfer from the appropriation for fuel to the appropriation for contingent expenses for that bureau, it will not be necessary to make a new appropriation of $800,000 for this purpose. I Will Offer the following amendment, to come in after the para aph making appropriation for the Bureau of urds and Docks: Provided, That there be transferred from approriations for fuel to the contingent expenseso the ureau of Equipment and Recruiting. $800,000. The amendment was agreed to. The reading of the bill was continued. At the conclusion of the appropriations for the navyard at Portsmouth, NewHampshire Mr. wASHBURNE, of Illinois, moved to strike out the following paragraph: For the purchaseof SeaveysIsland, $100,000 Provided, That a perfect and approved title in feeto the whole island canbeobtainedand vestedin the U. S. for that sum.
Mr. SPALDING. Before that motion is put, I desire to make a motion to perfect this paragraph. The estimate was $105,000. The committee agreed to the appropriation for that Sum, but by some mistake it a pears in the bill for $100,000. I move to may e the appropriation $105,000, according to the estimate. The amendment was agreed to. The question recurred upon the motion to strike out.
Mr. HALE. Will the Gentfrom Illinois allow me to ask him a question?
Mr. HALE. Does not the same objection apply to the appropriation at line 138 and that at line 165?
Mr. ASHBURNE, of Illinois. Yes, sir; and I intend to attend to those matters when we reach that art of the bill.
Mr. SPALDlNG. I desire to say, in. Chair man, that the committee have no feeling on this subject. There was for a long time a great diversity of sentiment among the members of the committee in regard to this appropriation for the purchase of Seaveys Island. life elicited all t ic information on the subject that we couldobtain from the properbureau of the Navy Dept, and we finally came to the conclusion that the purchase of thisisland would be a measureof econom; for I a ee with our chairman Mr. STEVENS that if this item be struck out, it will be found to be imeratively necessaryto insert in this or some other appropriation bill items to a greater amount for this very navy yard.
Mr. WASHBURNE, of Illinois. Will the Gentfrom Ohio yield to me for one moment?
Mr. WASHBURNE, of Illinois. I desire to ask this question: if the Government has been able to get along thus far without making this purchase why can it not get along for some time further?
Mr. SPALDING. Mr. Chairman, during the proess of the mighty war which so lately taxed allte energies and resources of the Government, many of us in this House, in common with my friendfrom Illinois, resisted every appropriation which could by any possibility be dispensed with, for we did not know but that the utmost dollar might be needed to sustain our Army and Navy in the conflict; that was the reason. But happily we are now at Pea, “a at home; now is the time to prepare for confllct with other Powers whose enmity and jealousy we must encounter if we live in accordance witi. what we learn from the history of nations in times of peacein time of peace preare for war. European Powers are swelling their no vies. Shall we put otf our whole armor, and not only that, but put off all the meansof making our armor, because we have put down a rebellion nt;home? Why, sir, we are continually growing. Our regress has not stopped. As we are increasing. in power our resources are increasing; and we must increase with our resources our means of defending them. This is my answer to the gentleman.
Mr. WASHBURNE, of Illinois. Let me an aWOrd. Mr. SPALDING. I say that, wehave a much larger Navy nowthan when the warcommenced.
Mr. WASHBURNE, of Illinois. All I desire is “full information on the subject. Will the gentleman furnish us with information in regard to the present naval establishment? Howmuch has the Navy been decreased since last year when the war terminated?
Mr. SPALDING. I capiiot give the partic lars. 1
Mr. WASHBURNE, of Illinois. From 700 to 100.
Mr. SPALDING. Counting the vessels purchased from the mercantile marine our Navy is not pne 20th as large as during the war; but he vessels built by teNavy Dept for WBJIENHPOSES are retai ed, every One of them. here is no doubt agent that. Mr. Chairman, I have one word to say in regard to the practice in this House in respect to making appropriations where laws are wanted.
Mr. STEVENS. Allow me to say a single word at this point.
Mr. STEVENS. The rule provides that, when recommendation of any dept of the Government, it shall be our duty to report them from the ComAppropriations.
Mr. WASHBURNE, oi Illinois. This is not such a case as isprovided for by the rule.
Mr. SPALDING. The committee became we could dispense with the erection of officers narters, for which a large estimate was made or appropriation at our hands, inasmuch as there are 15 to 20 buildings on that isl and which will answer the purpose of officers quarters and it will supersede the necessity of extending some of the buildings used for naval purposes in the navyyard, and will thus save that additional expense. If we purchase the whole of this islandif the whole of it can be purchased, which is a matter of uncertainty; if we can obtain a crfect title to it, which is questionable then this appropriation is not to be expended. If we can obtain a perfect title to the whole island, wc can obtain these barracks without further appropriation. It will be a great savinfl to the nation. Ipedge in self to the Gentfrom Illinois to go with him for all measures for saving money where we can save it without doing greater injury to the interests of the country.
Mr. CONKLING. I wish to ask the Gentfrom Ohio, before he finally resumes his seat, one question, if he will allow me.
Mr. CONKLING. How much do we save annually on the theory he advances for making this appropriation?
Mr. SPALDING. I refer the gentleman to the chairman of the committee who gave the estimates.
Mr. CONKLING. I did not hear it, and would like to hear it. I would like to know how much we save according to the estimates.
Mr. KASSON. Mr. Chairman, the im ression might remain upon the minds of the House that the committee were unanimous in recommending this appropriation if I were not to add one word to what has been said. Having dissented to the appropriation this year, on the getual condition of the facts connected with the amfual condition of that island, I desire to say one word. It, 5 true that 120,000 and odd dollars were asked in the estimates, we“; asked by the dept for officars? “arm, Ihaveo pose uniformly, in the commutee and ix; the case, last year and this, aprimions for more convenience. hzprule by which I have been guided o n all subjects is this: thatin the present condition of the Treasury of the U.S. any approriation which was not necessarv or s e cial y economical was not to be made by this House or by Congress, for the simple reason that we must 1st adjust and protect the indispensable debt of the U.S and pay the indispensable expenses of the Government. I have regarded these Officers quarters in every navyyard which contains partial quarters for some 4 or 5 of the principal Officers of the yardJ have regarded the appropmtmns to that extent only as authorized by us. Beyond that I have regarded it a! "WP Y Q mm“ or convenience to the officers who might be or dered from time to time to the yard.
Mr. STEVENS. Iaskthe gentleman ifthese officers do not have to go to town to board?.
Mr. KASSON. So far as my information extends, I am not aware of a single exception to the fact, that where the o the ers quarters which usually embrace about 4 buildings are not sufficient for all the officers, they find quarters plsewhere for their temporary convenience. New, sir, the expense of locating specialqpurters involVes tie erection of private houses for their accommodation. On Seaveys Island there are some 9 or 10 houses which it is proposed to acquire. It is domg indirectly there are changes of this kind to carry out the what some propoae to do directly. I suppose satisfied that by the purchase of Seaveys Island the object of my colleague is to save further appropriation by this. see nothing that is to be saved by the acquisition of the island. I see that it is a convenience in getting that island, which contains about 70 acres of land, but I do not see anything at:1 beyond the convenience of the nayard. It is not that kind of necessity which, in the present condition of the Treasury, should authorize and require us to make an appropriation for it at this time and without expressing any feeling on the subject, I simply Wished to state the rule by which my vote will be guided. l dissent from the views of the chairman of the committee.
Mr. DAVIS; I would ask the Gentfrom NewHampshire, what would this island of 70 or 80 acres sell for? What is it worth without reference to its occupation for a navy yard? What is it worth in tie market?
Mr. MARSTON. I am unable to answer the gentleman. There are 70 or 80 acres of land on which, I should think, there are 25 or 30 houses, mostl owned by the mechanics who work in the yar, but there are some very good houses belonging to gentlemen who reside in Boston or elsewhere.
Mr. DAVIS. Can the gentleman form an approximate estimate? Vould it be wort $25,000, or $50,000, or any sum less than $100,000? I think it would be well for us to know its intrinsic value.
Mr. STEVENS. If the gentleman will allow me, I will state this much, that 2 ears ago Congress made an appropriation of 13 or 14,000 dollars to buya little corner of the island for the purpose of getting water rights, and they could, not purchase it at that sum it being only 2 or 3 acres out of the whole 79.
Mr. HILL. I desire to make an inquiry of the Gentfrom NewHampshire with ream to those private dwellings upbn the island. learn from the gentfrom Iowa, KassoN] as well as from the gentleman ErMo Mr. Pennsylvania, [Mr. Srnvzys] that there are severa private dwellings upon the island the title to which will not, as understand it, he transferred to the Government by the purchase of the island. I desire to know whether any estimate has been made as to the value or the price at which these private dwellings can be obtained, or whether we shall be czfiled upon topurchase that property.
Mr. KASSON. Ianswer the gentleman that the estimate for the purchase of the island includes allthe buildings and the land. It would be entirely inexpedient to purchase the buildings, with their sites, unless the whole island is obtained. All the committee agreeu on that, and all the committee agree that anyting less than the $105.00oproposed for the purchase of the island would be useless. If it is expedientto purchase the island, it is undoubtedly expedient to purchase the whole of it, and appropriate this sum for it.
Mr. HILL. Then do I understand that the $105,000 will give us title to the whole island and to the buildings upon it?
Mr. KASSON. It is estimated that there is every probability of ourbeing able to purchase the is and, with the buildings, for $105,000. That is the estimate. I will say, in rely to what has been said by the chairman of the ComApproprrations, that there is a road across the island that has interfered, to same extent, with the purchase of a small part of it that was designed tor the use of the hospital. The committee, I believe I may say, are unanimous in the opinion that if an appropriation is to be made for the purchase of any portion of the island, it is expedient to purchase the whole, the difference being only as to the propriety of making the entire purchase at this time.
Mr. PIKE. Did I correctly understand from the gentlemans argument that he is in favor of a decrease of our naval force? MLCONKLING. Really I do not know, Mr. Chairman, how the gentleman understands that from anything I have said.
Mr. PIKE. Iwas about to ask the Gentleman, on that basis, whyhe allowed an appropriation of $9, 336, 638 for the pay of the Navy to go unchallenged?
Mr. CONKLING. I have never been good at guessing at conundrums. I did not express any opinion about reducing or augmenting our naval force.
Mr. PIKE. Ibased my supposition upon what everybody except the gentleman knows, that the policy of maintaining or augmenting our naval force is necessarily intimately connected with maintainiu our navyyards.
Mr. CONKLING. The question here is, whether, for the purpose of carrying on this navylyard, this appropriation is indispensable, and i it is notin dispensable whether it is called for to avoid a greater expense; that is the prac tical?HCSHOH and my pointis this: the Gentfrom Maine and the other members of the committee who espouse this appropriation, fail to show with sufficient clearness to satisfy my mind that it is necessary at all: and therefore I am constrained to vote against it.
Mr. STEVENS. I unerstand that where ever there is any doubt the gentleman will vote against an appropriation. Now, I Suppose that Will the gentleman allow me a there is no appropriation to which some men will not object. “hen the gentleman will not vote for anv. Epropriation.
Mr. CONK N. That is a suggestion of great proriety, and I have to make[liut a single remar in answer to it. When a committee, and especially a committee so able as the ComAppropriat in this House, report a measure, even though 0t unanimously, it ought to have great weighji. When a dept recommends a proposition, itoughtto have great weight; and it would be idle for any man to sit here and speculate on the shadow of doubts and if in the practical discussion here very grave doubts in reality had not in reality been cast 11 on this, I would not have voted against it. say, despite the recommendation of the committee, despite the sanction of the Dept, this discussion has developed the fact that this questionis at least a doubtlhl one, and I give the benefit of that doubt to the side of econom and retrenchment.
Mr. STEVENS. I move that the committee rise, in order to close general debate.
Mr. WASHBURN, of Illinois. I hope not. I think we might as well discuss this matter a little further. The motion was agreed to. So the committee rose; and the Speaker having resumed the chair, Mr. Bums reported that the ComWhole on the state of the Union had had under consideration the state of the Union generally, and particularly the naval appropriatiom bill, and had come to no conclusron thereon.
Mr. STEVENS. I now move that when the House again resolves itself into ComWhole on this bill all debate cease, except the 5 minutes debate on amendm eats.
Mr. WASHBURNE, of Illinois. I hope the gentleman will make it ten mihutes.
Mr. STEVENS. I move, then, that inten minutes afterits consideration shall be resumed all general debate on the bill shall close, leavLing the 5 minutes debate; and that when the pending amendment shall be disposed of, this bill shall be laid aside, and the ComWhole shall resume the consideration of the Presidents message. The motion was a eed to.
Mr. STEVENS. now move to mate ComWhole on the stateo the Union. The motion was agreed to. So the rules were suspended and the House accordingly resolved itself into the ComWhole on the state of the Union, (Mr. BliAlNE in the chair) and resumed the consideration of the naval appropriation bill.
Mr. WASHBURNE, of Illinois. The distinguished Gentfrom NewHampshire [Mr. ROLLINS] could not have been in his seat when I made my remarks, or he would have known that I read the whole of that, word for word.
Mr. ROLLINS. I am very glad the gentleman did so. If he read what 1 have now said, he must have proved to the House conclusively that the purchase of Seaveys Island is absolutely necessa for the wants of the Dept. He intimates that this purchase is not desirable, because, forsooth, the chief of the Bureau of Yards and Docks desires to make this a 1stclass navyynrd. I believe that is the very best reason in the world why the purchase should be made. Evidence has been presented to this committee today which should satisfy them that the bestinterests of the Navy Dept require that the Portsmouth navy yard should be made a 1stclass yard. The gentleman quotes the opinion of Admiral Smith to show that this purchase should not be made, and by that very quotation he proves clearly that it should be made. For the admiral says that if the purchase cannot be made for $105,000 the Government has a remedy; and what is that remedy? It is that we close up communication between the island and the mainland; that we stop the communication between Seaveys Island and the mainland at Kittery; and that would force the people on the island to sell it to the Government upon the terms the Government offers. Tltat is what is proposed and still the Gentfrom Illinois quotes Admiral Smith as evidence that this ur cbase should not he made and in that It iink the gentleman is entirely mistaken.
The CHAIRMAN. The time limited for general debate has expired.
Mr. SHELLA ARGER. Mr. Chairman, I rise proforma to oppose the amendment, in order that I may inquire of the Gentfrom NewYork, [Mr. RAYMOND] or any other member of the committee, why it is necessary now, at the beginning of a very important session of Congress, to establish the precedent of introducing into an appropriation bill an important item of original egisation. I am afrai of the recedent; and I want to inquire what makes it impro or or impracticable to introduce a separate bil to provide for this object.
Mr. STEVENS. This is not original legislation. It should properly be classed with appropriations “ for contingencies for carrying on the several Depts of the Government;” and in this view it is strictly within the rule.
Mr. ROLLINS. I desire to ask the chair man of the ComWays&Means
The CHAIRMAN. Debate has been exhausted on this amendment.
Mr. RAYMOND. I withdraw the amendm ent. The amendment of Mr. Wasnnunsighof Illinois, was adopted, there being, on a division ayes 67, noes 40. Passinssrs usssson.
The CHAIRMAN. The House has ordered that the ComWhole on the state of the Union shall now proceed to the consideration of the President s annual message, on which the Gentfrom Connecticut [Mr. Drums] is entitled to the floor. ancossrnucrion.
Mr. BINGHAM. I beg the Gentfrom Kentucky Mr. Sinm] to take notice, since he refers to that matter for he seems to make some sort ofissue with me that I occupy precisely the position today that I did then; that is to say, at the act of secession or rebellion was absolutely void against the Federal government, absolutely void as against ever loyal citizen; and therefore, in the language of Madison, which I cited and accepte that day, and whichI cite and acceptthis day, a loyal minority, sufficient in numbers in the judgment of congress to reorganize the disorganized State government, have the right offiocal civil magistracy therein, dependent, nevertheless, upon their reorganization of the State government. The point made that day was this: t int the 300,000 citizens of the State of Virginia did reorganize the State government of Virginia, and having done so, were in the rightful exercise of the legislative authority of the State of Virginia, and, in conformit with the Constitution of the U.S., did as sent to the erection nf a new State in the State of Virginia and I say now, if 300,000 loyal citizens in any of those rebel States shall reorganize a constitutional and republican State government to the satisfaction of Congress, I am prepared to recognize them and sustain them in that action.
Mr. SMITH.R. Chairman, I did not intend by any quotation I have made to misrepresent the position of the gentleman. I am not done with him yet, nor am I done with other gentlemen on this floor on this subject. But I wilt undertake to show before I get through, During the pendency of the act from the records I have before me, that even the Gentfrom Ohio, [Mr. BlNGHAM, ] to ether with other gentlemen on this floor, went ar be yond the proclamation of the President, when he said that 5,000 in a State might organize and establish it as a State, and that there was no admission in the 37th congress, upon the part of any man or any set of men in this House, so far as I have been able to discover. from the record, that any State of this Union was out of the Union; but it was conceded that they were all entitled to representation, even under the organization of a small, indefinite, infinitesimal majority.
Mr. BINGHAM. I have never said they were out of the Union to this hour.
Mr. SMITH. Then, if no State was out of the Union they are all in the Union in the Union, subject to taxation, and if subject to taxation, entitled to representation in Congress. But, to resume: what are the rights of a citizen in a State a loyal citizen, to use the language of the gentleman? Why, sir, they are full rights of life, liberty, property, and the pursuit of happiness in his State as well as in the U.S., together with the right of representation. Sir, Virginia was recognized as a State in 1862, while the war was raging, and all the State almost was in the possession of the rebels, and admitted the rig it of representation on this floor. Was Virginia a State then and the loyal men entitled to their rights? and now, when the war is over, and no armed ferce in the field contesting the authority of the government, it is no State, and her loyal people not entitled to their rights. Strange indeed, sir, if it should be so! 510, sir, it is not so, I trust, for I “thank God the wisdom, scope, and effect of the Federal Constitution” is sufficient to overthrow and destroy the enemies of the Republic and preserve its friends. Again, upon the subject of the Gentfrom Ohio usedrepresentation the following language. When the case of Flanders and Hahn from Louisiana was up the same session of congress, he said: “I wish it understoodthat from the beginningof this argumentto the endof iIt loyal haveclaimedthat the inhabitantsin any organized State of the Union. Even though a maiority of its citizrns be in insurrection against this Government, have a right to their just proportion of representationin Congress.” Sir, that is sound doctrine, good law, and are patriotism. If it was true then, and in uce him and a majority of the House to admit representation from Virginia and Louisiana, why, I ask, in all reason, patriotism, hum nity, and justice is it not right now, just, reasonable, and patriotic?
Mr. BINGHAM. The gentleman will allow me to correct him upon one point. The gentleman labors under a very grave mistake in the remark he has just made, and I am surprised at it, for he has written out his remarks with care. He assumes herUhat I voted to admit Representatives from Louisiana. That is a gross mistake. I call the attention of the gentleman to the speech which I made on that occasion, in which) I undertook to showto the House and tried to pursuade the House that Louisiana could not be represented upon this floor. I do not know how the gentleman has fallen into the blunder, but such is the fact nevertheless. I urged at that time that Louisiana was not entited to representation, for the reason that they had not organized a constitutional State government in Lounisiana; and hence I said upon that occasion, as I repeat now and as I have no doubt the majority of this Honse will say from the be nning to the end of this controversy, that when a sufficient number of loyal citizens in any State heretofore disorganized by rebellion, secession, and civilWar shall reor ganize a constitutional State government, of the sufficiency of which Congress will be the judge, such organization will be represented upon this floor according to their just right of representation, which in no case, under the Constitution, can be less than one member. The difference in the case of Virginia was just this: that Congress, upon that occasion, necessarily passed upon the fact that a sufficient number of loyal persons in Virginia bad reorganized a constitutional State government in the State of Virginia, and had assented, by a constitutional Legislature of that State, to the erection of a new State therein. I hope the gentleman understands my position now. In this connection I will, with his permission, expilain what he has quoted from my speech
Mr. SMITH. Oh, no; I cnnnot yieldf urther.
Mr. BINGHAM. Well, go on and I wi answer you when you get through.
Mr. BAKER, leave was granted to Mr. SMITH to conclude his remarks on a subsequent day. SATURDAY, January 27, 1866. The House being again in ComWhole on the state of the Union –
Mr. BROOMALL. Will the gentleman alow me?
Mr. SMITH. As soon as I get through my sentence. Having witnessed so many scenes of blood and terror, can I ever vote for the admission, of those who have been guilty of so much crime and wrong to take part in our legislation here? By no means, sir; for one, I can noitdo it.
Mr. BROOMALL. I desire to ask the gentleman whether he means by the State the body politic or the more land; whether, when he says that no State has gone out of the Union, he means that the body politic of the old State of SCarolina has not gone out.
Mr. SMITH. It is a very curious question whether a State is merely a geographical line or a piece of land territory described as such. It cannot be a State without it has people in it. It must have land, water, wood, soarething to eat, cattle, horses, sheep, hogs and everything that belongs to the agricultural Dept as well as the mechanical Depts. It must have men and women in it. It must have an organization. It must have a Governor, a Legislature, ajudiciary, to be a State. When it as get these, and is recognized by Congress, it is a State and all these States have been thus reorganized and recognized by Congress. The statute is not repealed.
Mr. BROOMALL. Will the gentleman allow me to ask
The CHAIRMAN. Does the Gentfrom Kentucky yield to the Gentfrom Pennsylvania
Mr. SMITH. If he issatisfied with the position that ground does not make a State.
Mr. BROOMALL. I am satisfied that the gentleman does not mean the organized body politic, when he says a State is not out of the Union. New, I ask him whether the reor nized body politic now existing in South care in is the same that existed there 6 years ago is a legitimate succession in any legal or civil point of view of the former one.
Mr. SMITH. I will answer the question with pleasure. I say that the reorganized body politic in SCarolina two daly is not the one that was there in 1860, and so answer that the re organized State government of Kcutuclrfitoday is not the one that was there in 1860. comes in 1860 we had a rebel Governor and a rebel Legislature: in 1861we had a Union Governor an a Union Lelature; in 1804 and 1865 we had a Union governor and a very rebellious Legislature; and so the thing is changing. But in the State of SCarolina the State orgapization was suspended lay the result of their insurrection and 1their e orts to overthrow that government as it related for the time being to this Government But there was always from the time the rebellion began an organization in that State against the Government; and after the rebellion was at down and there being no loyal judges, legis rs, or Governor, the POTUS had a right, as was done by President Johnson, to appoint a Military governor to exercise the functions of governor until the people could resume the powers of government, on put to work the entire machinery. Now, the people of SCarolina have established their State government; they have elected their Governor; they have elected their Legislature; they have them, and they have their ndiciary. I am not defending rebels. but I via to submit this nestiqn to my friend Pennsylvania, and from Iv ope he will answer ask him if he has any authority, if he has any information, direct or indirect, that the State authorities of SCarolina have in anywise, at any time, under any condition, undertaken to interfere with or overthrow the Government, the Constitution, or laws of the U.S.? In other words, I ask you whether the State government of SCarolina is not today in perfect conformity to the laws and policies of the U.S.?
Mr. BROOMALL. I have not the means of answering that question; but I incline to think the State of SCarolina, or rather the present organization of SCarolina, will be ound to be antagonistic to the Government when examined. But I do not yet get an answer to my question; and that is upon what the present organization of SCarolina rests; whetherit rests upon the mere proclamation of the President; whother it is the legitimate successor of the old one that did exist there, or a new creation; and ifa new creation, how created, and by what authority, since I am not aware that Congress ever authorized a new creation of States within any part of the conquered territory.
Mr. LYNCH. Will the gentleman allow me to ask him a question?
Mr. LYNCH. I desire to ask the gentleman if I understand hirnto maintain thatthis rebellion has in nowise changed the relations of the States to the General Government, but it is simply a questionbetween the Government and its citizens as citizens of the U.S.?
Mr. SMITH. I mean to say that the war did change most materially the relations of the States toward the Government of the U.S. Their relations are now altogether changed, because before the war there were 15 slave States, with statutes upon your statute books requiring that fugitives from labor should be returned to the respective States and owners from which they ha escaped and your judiciary decided that it was the duty of the Government to see that those laws were executed. Now the relations of those States are changed in that 4 million people for merly slaves are now free and the lately engaged in rebellion have changepetohpelier relations toward the General Government in that they have committed treason, and they cannot regain their old political rights and privileges as citizens of the U.S. unless they receive, at the hands of those who have the the power a pardon for the offenses they have committe. The relation of the States which were on gaged in rebellion has been changed or suspended. But, as I remarked a moment ago, those States, through their people establishing new State governments, are still States in the Union, and have never been out of it.
Mr. LYNCH. If the gentleman will allow me, I will state that he does not seem to apprehend my question to him. I understand the gentleman to so now that these States are new States, thereby acknowledging that in effect their relations toward the General government have been changed. Now I wishto ask him, conceding that these States are new States, and not, as was very well at by the Gentfrom Pennsylvania, [Mr. RO0MALL, the successors of the old States, who is to determine, what branch of the Government is to determine, the status of those nine States and the conditions upon which they may reenter the Union? If they are new States
Mr. SMITH. I do not desire to hear an ament from the gentleman at this time.
Mr. LYNCH. The gentleman will pardon me. I have no desire to make an argument, but simply to ask the gentleman a question.
Mr. BAKER. I move that the Gentfrom Kentucky [Mr. Smith] have permission to proceed until he concludes what he has to say. No objection was made.
Mr. SMITH. I do not expect to trespass on the attention of the House again this session. Ireally did not intend to speak so long as I have today. Butif the House will indulge me by adjourning now, and permitting me to conclude my remarks on Monday, I shall be very much obliged, and will be able, I am certain to finish then in about 30 minutes all I have to say. It must be evident from my voice that I am not in a condition to proceed now.
Mr. DAWSON. I will move that the committee now rise, with a view to allow the member from Kentucky [Mr. SMITH] an opportunity to conclude his remarks on Monday, and with the understanding that I am entitled to the floor when he shall have concluded. The motion was agreed to. So the committee rose; and the Speaker having resumed the chair, Mr. BLAINE reported that the ComWhole on the state of the Union had had under consideration House bill No. 122, making appropriations for the naval service for the ear ending June 30, 1867, and also the presicnts annual message, and had come to no conclusion thereon. FRANCIS A. GIBRONS and F. X. KELLEY.
Mr. McKEE. I ask unanimous consent of the House to take from the Private Calendar:1 JtResolution reported from the committee of Claims, referring back to the Court of Claims for a rehearin the case of Francis A. Gibbons and F. X. Ke ey, on an amended petition. No objection was made. The cursethen proceeded to the consideration of the JtResolution; which was read a 1st and 2nd time, orderengross for a 3rd reading and being engrossed, it was accordingly read the 3rd time, and passed. REGISTRY or VESSELS.
Mr. LYNCH, by unanimous consent, introduced a bill to further regulate the registry of vessels; which was read a 1st and 2nd time, and referred to the ComCommerce. CYRUS A. ANTHONY.
Mr. INGERSOLL, by unanimous consent, introduced a bill for the reliefof Cyrus A. An thony; which was reada 1st and 2nd time, and referred to the ComClaims. SANITARY CONDITION of dISTCOL.
Mr. COBB, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Received. That the ComDistCol he, and they are hereby, Instructed to inquire what measures are necessary and practicable to be taken by Congressfor the purpose of improving the sanitary condition of the city of Washington in view of the possible appearanceof the asiatic cholera with the approach of the warm season, and that. they report by I" or otherwise and then, on motion of
Mr. DEFREES, the House (at 4 oclock and 35 minutes p. m.) adjourned to Monday next.
@@@IN SENATE SENATE. SATURDAY, January 20, 1866. The Journal of yesterday was read and approved. CREDENTIALS PRESENTED.
The PRESIDENTprotempera presented the credentials of Saucer J. KIRKWOOD, chosen by the Legislature of the State of Iowa a Senfrom that State for the unexpired term of Hon. James Harlan, ending March 8, 1867; which were ordered to be filed. J He also presented the credentials of Hon. mass Harman, chosen by the Legislature of the State of Iowa a Senfrom the State of Iowa for the term of 6 years, commencing on the 4tbdof March, 1867; which were ordered to be tile.
Skip Skip PETITIONS and MEMORIALB. Mr. CHANDLER presented a petition of engineers of the U.S. revenue marina service, praying for an increase of their compensation; which was referred to the ComCommerce. REPORTS o! COMMITTEES.
Mr. CHANDLER, from the ComCommerce, to whom were referred memorials of citizens of Michigan, remonstrating against the renewal of the socalled reciprocity treaty with the British Provinces, asked to be discharged from their further consideration, and that they be referred to the ComForRel; which was agreed to. file also, from the same committee, to whom were referred petitions of John Pridgeon, William K. Muir, and John A. Sloan, praying for the issuance of American registers to the steam tugs Michigan and Dispatch, reported a bill (S.No.89) to issue American registers to the steam vessels Michigan and Dispatch; which wnsread, and passed to a 2nd reading. BURLINGTON and MISSOURIRIVER ROAD.
Mr. GRIMES. Imovethat the Senate proceed to the consideration of the JtResolution No. 20, reported from the ComPubLands. The motion was agreed to; and the jtResolution (S.R. No. 20 extending the time for the completion of the urlington and MissouriRiverratlroad was read a 2nd time h its title, and considered as in ComWhole. It provides that in case the Burlington and missouriRiver Railroad Company shall complete the section of 20 miles from the presentter minus of its road by the 1st of October, 1866, and the certificate of the Governor of Iowa shall be filed with the SecyInterior of such completion, the company shall be entitled to its lands, as provided in section 8of the act entitled “An act to amend an act entitled An actmaking a grantofland to the State of Iowa, in alternate sections, toaid in the construction of certain railroads in said State, " and its rights shall be in all respects the same as if the section shouldhave been completed on. the 1st of July next. 1866. 333
Mr. GRIMES. Under the grant of lands made to the State for the Burlington and Mia souriRiver Railroad company it was required to complete this section 0t 20 miles y the 1st of July next. This JtResolution is simply intended to extend that time from July until October. Since the resolution was introduced and reported by the committee, I have intelligence that that country has been visited by a tremendous freshet, and that the bridge which was the cause of the delay in completing the road, and the condition of which compelled the coman to apply for this extension of 3 mont s, has been swept away. I therefore propose to amend theresolution as reported by the committee by striking out the word “ ctober” in the filth line and substituting “December, ” so as to give them 2 months longer. The people are anxious that the road shall be completed as speedily as possible; but I think the company is entitled to a little leniency because of this act of Providence that has swept their abutments and bridge away.
Mr. POMEROY. I suggest to the Senfrom Iowa that the time ought to be extended for a year. The company have already had one or 2 misfortunes, and may have another. Extending the time 2 months in a eat enterprise like a railroad is very little. suggest that the time should be extended for a year, so as to allow sufficient opportunity for the purpose.
Mr. GRIMES. I am representing the people in that vicinity, who are extremely interested in having this road completed as speedily as possible, while I am attempting to protect the rights of the railroad company. I think from the intelligence I get that the injury which has resulted to the company can be made good in 2 months. I prefer, therefore, to have my amendment adopted.
Mr. POMER Y. I have no objection to it if the Senator thinks the time he proposes sufficient. The amendment was agreed to. The JtResolution was reported to the senate as amended, and the amendment was concurred in. The resolution was orderengross for a 3rd reading, and was read the 3rd time, and passed. PENSION AGENTS.
Mr. LANE, of Indiana. I move that the Senate proceed to the consideration of the unfinishe business of the morning hour 9f yesterday, being the bill (S.No.69) the provide for the payment of pensions. the motion was agreed to; and the Senate, as in ComWhole, resumed the consideration of the bill.
Mr. LANE, of Kansas. I hope the chairman of the ComPensions will not press a vote on this bill todn. I desire to ask him whether his attention has been called to the amount paid the pension agents. He will find that it is averylarge sum, and he will find also that every dollar paid to them can be saved by selecting as paying agents our national banks; and I propose, if he will not press a vote on the bill today, to bring in a substitute providing that the national banks shall be used as our agents to ny pensions instead of the present system. Mr. JANE, of Indiana. My attention has been called to. precisely the subject to which the Senfrom ansas now reers, and I have been very unfortunate in my remarks ifI have not satisfied the Senate and himself that the amount paid to every one of the se:1 outs is fixed by law and cannot be exceeded. be 2nd section of the act fixing the compensation of pension agents, aproved February 20, 1847 which was the 1st law on thesubjeet, allowe for distribution a compensation not exceeding $1,000. When the usiness of the pension agents was greatly increased, growing out of the rebellion, a JtResolution was passed on the 17th of July, 1862, extending the maximum of commissions to $2.000; and another act, approved June 80, 1864, granted an allowance to pension agents. disbursmg $60,000 annually. of $600 for clerk hire and office rent; and to those disbursing $100,000 annually, $750 and $250 in addition for every additional $50,000 disbursed, the whole compensationin no event to exceed $4,000.
Mr. LANE, of Kansas. What is the whole amount paid to pension agents?
Mr. LANE, of Indiana. There are 49 pension agents employed. Their maxi mum compensation cannot excced $4,000 in any base, and it is fixed at $2,000, except where they pay out over $100,000, and then for each $50,000 above that sum there is an additional%age reaching to 84,000. As to the idea of employing the national banks to disburse this immense sum, 1 think it altogether impracticable. We have now 40 ninc agents, every one ofwhom is vouched for as a faithful and honest man, every one ofwhom has entered into abundant and sutheient securities, and I think it is best to leave the disbursements precisel where they are now left by law. I have ha free conference with the SecyInterior and the ComrPension on this subject, neither of whom has intimated any such idea as changin the manner of payment from agents to the national banks. I ho c the bill will be disposed of this morning. t has been 3 scveral times before the Senate, and I think it is now as fully under stood as it ever will be, and if it is to be post poned I shall take it as an indication that the Senate desire the enactment of no such law, and, for one, I shall not press it upon their attention any further.
Mr. LANE, of Kansas The original plan was to use banks as agents to pay these pensions free of cost to the Government. The question I Submitted to the chairman of the Pension committee was and I certainly did not mean to of fend him in regard to his own bill whether he had had any correspondence with the national banks as to their willingness to accept this agency free of expense to the Government. I am satisfied that, because of the length of time that these deosits would necessarily remain in the national anks, they would gladly accept the agency free of ecstto the Government. vI hope, therefore, that a vote will not be taken today upon this bill, and that I may have the op ortunity of bringing in n substitute for it.
Mr. LANE, of Indiana. In answer to the last suggestion, that the use of the deposits in the national banks would be a sufficient compensation to induce them to make these disbursements, I have only to say that made that point with the ComrPension. He told me that under the 1st pension law it was the custom of the Dept to place these deposits, nt the beginning of the year, in the hands of the disbursing agents, and the use of the fund Was Sufficient to pay for the disbursements, but under our present system the pension agents make requisition for nioney when they need it, and it oes not lie in their hands ten days. That is what I understand to be the difference.
Mr. LANE, of Kansas. So far as Kansas is concerned, I know that the chairman of the committee is mistaken. Our fund is about $56,000, and the money is deposited by the agent in One of our banks, and I know that that bank would willingly accept the payment of the money for the use ofit.
Mr. HENDRICKS. I wish to ask my colleague one question. My impression of the law is that the SecyInterior can now appoint as many pension agents as in his judgment are necessary. If so, this bill in rerd to the number of agencies to be established Shes not change the law. It simply submits their appointment to the judgment of the Senate. 1 here surely can be no objection to that. I will not, for one, consent to send pension claimants to any bank to get their money. Pension agents hel them very much in making up their papers. If there is anything wrong about them, they fix them up. I think the present system is much more desirable.
Mr. LANE, of Indiana. “My colleague is precisely right. The Secretary now has exactly the discretion which this billproposes to give the President.
Skip Skip The bill was reported to the Senate Without amendment. orderengross for a 3rd I reading, and was read the 3rd time, and passed. PENSION APPROPRIATION BILL.
Mr. FESSENDEN. Among the amendments agreed upon by the committee was one to insert a“t the end of the 27th line the words to be paid out of the Navy pension fund.” By some mistake that was either not reported or not printed. I move to amend by adding these wor s at the end of the 27th line, ” to be paid out of the Navy pension fund.” There is a fund of 9 or 10 millions. I understand, out of which the naval pensions should properly be aid. he amendment was agreed to.
Skip Skip The bill was reported to the Senate as amended.and the amendments were concurred in and orderengross and the bill to be read a 3rd time. The bill was read the 3rd time, and passed. Its title was amended by adding the words “and additional appropriations for the year ending the 30th of June, 1866.” PERSONAL EXPLANATION.
Mr. CHANDLER. I notice in the reports of the Associated Press the other day that “Mr. CHANDLER gave notice that he would read the British foreign enlistment not.” He gave no such notice. He gave notice that he would ask leave to introduce a bill containing the British foreign enlistment act with a clause repealing our present neutrality laws. If that notice isi not so entered upon the Journal, I desire that it may be so recorded. My object was that there might be auniform rule of neutralit as applil cable both td the U.S. an to GreatBritain, and by the enactment of their foreign enlistment act and the repeal of our neutrality laws, the whole question of neutrality would be understood both by GreatBritain and by the U.S. ADMISSION OF COLORADO.
Mr. STEWART. I desire to call up senate bill No. 74, for the admission of the State of Colorado into the Union, for the purpose of moving to make it the special order for Wednesday next. The motion to take up the bill was agreed to.
Mr. STEWART. I now move that the bill be postponed until Wednesday next. at one oclock, and that it be made the special order for that day.
Mr. FESSENDEN. I wish to reeat a remark that I have made in preeeing congresses, that I really be e the Senate will be a little careful how, at the suggestion of Gentlemen who may happen to have charge of particular bills, they make special apponitments. We lumber up our order of business regularly every year by making special assignments ot i s.
Mr. STEWART. If the bill can be considered a few moments now, I will withdraw my motion and ask for its present consideration.
Mr. SUMNER. I hope thatwill not be done, for 1 have not examined the bill, and I have an amendment to move to it which I have not yet prepared. Mr. FESSENDEN. I really hope that unless it is some bill of pressing importance, gentlemen will not endeavor to have special assignments. One overlaps the other, and we get into infinite difficulty and confusion in the order of business; and unless some ver special reasons are given for tnkin up a bi l at a particular time, really hope the Senate will not set the example. If the Senator had been here as long as I have been, he would beaware of the trouiile, confusion, and difficulty arising from these special assignments of particular bills. He can give notice that he will call up the bill at a particular day.
Mr. STIHTART. That will serve my purpose. Several Senators desire to look into this bill, and wish to know when it will come up. Not wishing to take them by surprise, I give notice now that I will call it up on Tuesday next
The PRESIDING OFFICER, (Mr. ANTHONY in the chair.) The SenatorwithdraWs his motion.
Mr. SUMNER. Had the Senator better not say Wednesday?
Mr. STEWART. I will say Wednesday. I will let it stand until Wednesday, and I give notice that I shall call it up then.
The PRESIDING OFFICER. The bill will be laid aside. FREEDMENs BUREAU.
Mr. TRUMBULL. I move that the senate proceed to the consideration of the unfinished business of yesterday. it is not quite one oclock; but. if we get engaged in some other bill, very likely we shall not. get through with it by that time. The motion was agreed to and the Senate resumed the consideration of the bill (S.No.60) to enlarge the powers of the Freedmens Bureau, the question being on the amendment proposed by Mr. HENDRICKS to strike out in the 5th an 6th lines of the 1st section the words “ shall continue in force until otherwise provided by law and ” The amendment was rejected.
Mr. COWAN. I would suggest an amendment in the 7th line of this 1st section. The bill as it at present stands reads in this wise: that the operations of this bureau and its jurisdiction “shall extend to refugees and freedmen in all partsof the U.S. ” I propose to amend that by inserting after the word “all” the word “such, ” and after “U. S.” the words “as have lately been in rebellion.” l I have no idea of having this system extended over Pennsylvania. I think that as to the freedmen who make their up earance there, she will be able to take care oft em and provide as well for them as any bureau which can be created here. I wish to confine the operation of this institution to the States which are been lately in rebellion. I therefore move this amendment.
Mr. POMEROY. I have listened to the remarks of the Senfrom Kentucky, and have been gratified to some extent by them, and especially to hear that it was held now even in the adhering States that held slaves, that the constitutional amendment rendered null and void all the enactments of the State Legislatures upholding and maintaining slavery. I do not know that I understood the Senator aright; but if I did, in the commencement of his remarks he said that it was held even in the adhering States, like Kentucky, that the code relating to slavery was made null and void by the constitutional amendment.
Mr. GUTHRIE. That is in own Opinion, and that is the opinion also of in Johnson of Lexington, who is one of the ablest lawyers in the State.
Mr. POMEROY. I am certainly gratified to learn that that doctrine is held in the State of Kentucky, and perhaps in all the States. It goes far to show to my mind that those enactments originally were not above the Constitution of the U.S., and that if they were ever constitution ally right, they perhaps could neverhave been repeale, but it is now confessed that the constitutional amendment abolishes them and renders them null and void, and that certainly is very gratifying. The point that I desire to suggest is this: it is held by the senator. I believe, that in the State of Kentucky there is no essential difference between persons of color and white persons in their civi rights. That is entirely new to me, because I have never known a State that held slaves which admitted colored testimon a aiust white men.
Mr. GUTHRIP. We do notdo that; but that is whatwe are workingfornow in the Legislature.
Mr. POMEROY. Then it cannot be true that the civil rights of persons of color in Kentucky are the same as the rights of white men. The 3rd point that I noticed particularly in the speech of the Senator was that we ought to welcome back the representatives of the southern States because their experience would be so valuable to the Senate and the country. To my mind, if any class of  men on earth ever had a most bitter experience, it is the people who undertook to secede and rebel. Their expe rience may be very valuable to them; I hope it is; but I think it is no experience that would be instructive to us. I believe it is the very last experience that any of us would either imitate or profit by. That the way of transgressors has been hard I have no doubt; but that their return to this Senate, or to the other House, will be valuable as a matter of exerience I do not believe. At the same time, would not interpose obstacles to their coming back, with any view of punishment. I think the Senator misunderstands us entirely. Everything ought to be required for safety, but nothing for revenge, nothing by way of punishment. persons ever taken in their own transgressions are usually punished enough; and I think if a severe punishment has ever been meted out to any people it has been meted out to those who have been on aged in the rebellion. at I think we ought not to neglect or over look the fact that we are required to do every thing for safety, so that when the Union is restored it may remain forever and if there is any security required or needed, this is the time to have it. To receive back these States with the idea that anything can be required of them hereafter I believe would be folly. I think, and I believe the sentiment of the country is, that we ought now to provide such securities for the future that another rebellion will be imssible in 1,000 years.
Mr. WILSON. If a vote is to be taken on the pendin amendment withoutconsuming further time, I shall not say anything; butI arose for the purpose of moving an adyournment; it is Saturday afternoon, an I make that motion. The motion was agreed to; and the Senate a modification of the rate of taxation, and the adjourned.
@@@IN SENATE SENATE. Meson, January 22, 1866. Prayer by the Chaplain, Rev. E. H. GRAY. The Journal of Saturday last was read and approved. EXECUTIVE COMMUNICATION.
The PRESIDENT profempore laid before the Senate a communication from the SecyInterior, transmitting, in compliance with a resolution of the Senate of the 16th instant, copies of all documents, papers, and maps on file in his Dept reatiii to the branch of the Union Pacific railroad ioin Sioux City, Iowa; which, on motion of Mr. Foor. was referred to the ComPacificRR, and ordered to be printed.
Mr. WILSON, from the ComMilAffrs , to whom was referred the bill (S.No.73) to restore to the SecyWar the supervisory and appellate powers in relation to the acts and duties of the ComrIndnAffr, asked to be discharged from its further consideration, and that it be referred to the ComIndAffrs; which was agreed to. APPORTIONMENT OF REPRESENTATIVES.
Mr. FESSENDEN. The committee appointed to take into consideration the condition of the socalled confederate States, with leave to report from time to time, have directed me to make a partial report in the shape of ajoiut resolution proposing an amendment to the Constitution of the U.S. The JtResolution (S. It. No. 22) proposing an amendment to the constitution of the U.S. was read the 1st time by its title.
Mr. WILSON. I ask to have it read at len th. l he Secretary read it, as follows: Resolved, ice" (2/3rds of both Housesconcnrrinp) That the following article ho proposed to the Legu liitures of the several States an amendment to ho constitution of the U.S., whichnvlienra edby 3/4ths of the said Legislatures, shall ho valid as part of said constitution. to wit: ARTICLE. Representatives and direct taxcs shall be apportioned amoqgthescveriil Stateswhich maybe includedwithin this nion according to their respective numbers. counting the whole number of persons in eachState, excluding Indians not tiixed: That whenever the elective franchise shall hlerodmedmeorfi or abridged in an State on account of race or color all persons of am: race or cplor shall be excluded from the basis of representation. BILLS INTRODUCED.
Mr. MORRILL asked, and by unanimous consent obtziined, leave to introduce a bill (S.No.90) enlarging the powers of the 10 court of the county of Washington, in the DistCol; which was read twice by its title, and referred to the ComDistCol.
Mr. POMEROY asked, and by unanimous consent obtained, leave to introduce a bill (S.No.91) for the improvement of the nuvition of the Colorado river, and the construction of wagon roads in Arizona and Utah Territories; which was read twice by its title, referred to the ComPubLands, and ordered to be printed. o
Mr. CONNESS asked, and by unanimous consent obtained, leave to introduce a bill (S.No.92) granting lands to aid in the construction of a railroad and telegraph line from the waters of the bay of SanFranciseo to Humboldt bay, in the State of California; which was read twice by its title, referred to the ComPubLands, and ordered to be printed. He also asked, and by unanimous consent obtained, leave to introduce a bill (S.No.98) to quiet the title to certain lands within the corporate limits of the city of SanFranciseo; which was read twice by its title, referred to the ComPubLands, and ordered to be printed.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. McPHBRSON, itS Clerk, announced that the HoRep had passed a JtResolution (H. No. 86) referrin the era in the case of F. A. Gibbons and X. Elegley to the Court of Claims, in which it requested the concurrence of the Senate. HOUSE BILL REFERRED. The JtResolution (H.R.No. 36 refer rin the aers in the case of F. A. ibbons an F. clley to the Court of Claims was read twice by its title, and referred to the ComClaims. JURORS and WRITS OF ERROR.
Mr. CLARK. I move that the Senate proceed to the consideration of Senate bill No. 34 in relation to the qualifications of jurors and to writs oferror in certain cases. The motion was agreed to, and the bill was considered as in ComWhole. The Secretary proceeded to read the bill as originally introduced by Mr. Dooi. rrri. s.
Mr. CLAItK. I hardly think it is necessary to read the bill through as introduced into the Senate, because the ComJudiciary rmomuiend the adoptionof an amendment as nsubstitute for the whole bill. Perhaps the reading of the amendment, WlllCl] lllVol5 substantially the provisions of the original bill, will be sufficient.
The PRESIDENT protempera. If therebe no objection the reading of the Original bill will be dispensed with, and the amendment reported by the committee in lieu of the orinal bill will be read instead of proceeding further with the reading of the original bill.
The Secretary read the amendment, which was to strike out all after the enacting clause of the original bill, and to insert the following in lieu thereof: That no perspnshall bedisqualifiedto act upon any grand or petitgury by reasonof having formed or exprewed an opinion "1701} the matter or cause to be submitted to such l, pury. ounded upon public rumor, statementsin public Journals, or common notoriety, provided he be otherwisecompetent and it shall appear to the satisfaction of the court. upon his decla ration under oath, or otherwisc, that hecan and will notwithstanding such an opinion, notimpartially an fairlyupon the mattersto o submitted to him. SEC. 2. Abife: That any questionof law arisingupont ctrinl of any personin any district or circuit court of the U.S or in the supreme court of the DistCol or any offense, the punishment whereof may be death may be removed to the SCOTUS by writ of error. to be suedout within 60 daysafter th of the final Judgment in such case in the courts be low: and thereupon proceedings shall be stayed in said courts, and the questicrns of law heard and determined in said SCOTUS, and such order sent to the court below, affirming or reversing the judgment. asI the determination of such questionsof lawmay require.
Mr. CLARK. The amendment proposed by the committee contains the substance of the original bill, but throws it, as the committee think, into a better form. I presume there will be no objection on the part of anybody in favor of the bill to the adoptionof the amendment.
Mr. DOOLITTLE. I introduced the bill which was referred to the committee, and I certainly have no objection to the amendment. I think the committee have throwa the measurein a better form than it was originally as drawn by myself.
Mr. SUMNER. I have no objection to the amendment reported by the committee; indeed. think it is a much better statement of the point in question; but I should like to ask the senator who reported the bill whether, by this oposition, it is intended to set aside the ruling of Chief Justice Marshall on the trial of Burr With regard to jurors?
Mr. CLAItK. I thinkit would modify that ruling to some extent.
Mr. SUMNER. That, as the Senator is aware, has been for now more than a generation the received law of the country.
Mr. CLARK. That may be very true in some o entry of the States; but one difiical which the committee design to remedy is a diversity of pradtice in different States, and we seek to ring the whole practice in the U.S. courts in this respect to the same standard. In some of the States, until the last session, the practice was to use triers in cases of this kin. This bill refers the question of the qualification or interest of a urortothe court and perhaps that is the best place to lodge it, thong iI think we did that by a bill at the last session; but the great object of the 1st section of the bill is 1st to introuce a uniform practice into the Federal courts in the different States, and in the next place to remove what might be an apparent objection t6 jurors serving in certain cases by reason of having formed an opinion upon General notoriety, or from rumor, or from the public journals.
Mr. DAVIS. Mr. President, I certainly very heartily approve of the opinions and sentiments cXpressed y the Senfrom Massachusetts who has just taken his seat. A proposition to change the law in relation to the qualification of jurors in criminal cases is a very rave one, an I think that the Senfrom Massachusetts has entered a very properand just caveat against changing that law with a view to any individual case. I feel no sympathy with JeffersonDavis, and I do not believe that the friends of the Union ought to feel an particular enmity toward him, because I believe that he, by his errors and blunders contributed more to the overthrowof the confederation and the successes of the Union arms than any other man in America. 7 But VHTBS ective of all questions in relation to Jeflzersou, avis or anybody else, here is a most plain and important principle of criminal proceedingsa principle that received the sanction of Chief Justice Marshall in the trial of Aaron Burr more than tift years ago. Here is the greatest jurist of the U.S. in one of the most interestin and important prosecutions for treason that as ever originated in the U.S., after elaborate argument and deliberate consideration, settling that principle. It seems to me that the Congress of the U.S. oughtto be very well assured that the principle is wrong, and that theinnovationwhichthey are about to make upon it would be permanently right. without regar to the temporary condition of the country at this time or without regard to the case of an special criminals, and that it ought to seek after the true principle in the permanent existence of the Government and the permanent administration of the criminal law. I therefore think that before this matteris acted. upon the amendment had better be printed and Senators allowed time deliberately to examine it.
Mr. DAVIS. Well, give justime to consider it; let us have time to examine it; let the honorable Senfrom NewHampshire move to take up this important subject on a particular day, and with a view to its consideration on that day. Senators will read and examine the proposition. I hope that it will not be pressed to a decision at this time.
Mr. CLARK. I certainly will not press the consideration of the bill upon any Senator, not to say upon the Senate, who desires further time for its examination. It is, as the Senfrom Kentucky has well said, a grave matter, a matter which should receive the due and careful delib eration of the Senate. Nor shall I undertake at this timeto say or to deny that the ComJudiciary, in examining this matter, did refer to and did consider the important bearin g of the measure which is now before the Senate 11 on adistinguislied criminal(ifI may use that plirase in this connection) now expected to be tried; but I will say this: in coming to the conclusion that they have rerted to the Senate, the committee considere and I suggest it to Senators for their consideration whether it may not be our duty, if we cannot otherwise secure the trial of that offender, so to modify the law. I have no objection if the Senator desires that the bill shall be postponed to tomorrow or any future time that the Senate may order. I do not propose myself to make it a special order, because the bill, though one grave is not long, is easily comprehend, and may be called up before the Senate in the morning hour or at any other time when we have opportunity) for that purpose. I have no objection to its being postponed until Thursday or in any
Mr. DOOLITTLE. Before the motion is put tofostpone the bill until Thursday, I ask the in ulgence of my honorable friend to make a sin is remark.
Mr. CLARK. I have made no motion, and the Senator would be in order if I had.
Mr. CLARK. I have not the least objection.
Mr. DOOLITTLE and that it be made the specie; order of that day at one oclock. [“ Oh, no l
Mr. CLARK. I do not desire that it shall be made a special order.
Mr. DOOLITTLE. Very well; I move simply that the bill be postponed until the morning our of Thursday next.
Mr. CLARK. It may go over for 3 or foiir days; and after that lapse of time I shall again call the attention of the Senate to it, and it can be taken uias my be deemed convenient. The presiENT protempore. It is moved that the further consideration of this bill be postponed until Thursda next. The motion was agree to.JtCom ON RECONSTHUCTION.
Mr. ANTHONY. I move that the Senate resume the consideration of the resolution referring certain subjects to the JtCommee upon the condition of the States lately in rebellion.
The PRESIDENT protemporelution will be read for information.
Mr. TRUMBULL. We all understand what it is; there is no practical importance in it; we are having no disputes on that question; and unless the Senfrom Rhode sland feels a particular anxiety to get up that resolution, which led to some discussion the other day, I will move that we take up the bill which was The reso under consideration on Saturday last, and which comes u at one oclock today.
The PRESIDENT protempore. The motion of the Senfrom RhdIsland is before the Senate, undisposed of.
Mr. ANTHONY. If this resolution is going to lead to debate. I do not desire to press it, but I should like to have it disposed of pretty soon. I am very anxious also that the Senfrom Illinois should have his bill disposed of as soon as possible. Ifa vote can be adon this resolution without further debate, I hope it will be taken up and disposed of; if not, I will ask that it be postponed until tomorrow morning, and made the special order for the morning our. law has prescribed for these offenses.
The PRESIDENT protempore The question is on taking u the resolution indicated by the Senfrom RhdIsland.
Mr. ANTHONY. I do not understand that there will be any debate upon it. I suggest that the Senato take up the resolution, and if it leads to debate, I will move to postpone it and make it the special order for tomorrow morning. The motion was agreed to; and the Senate resumed the consideration of the following resolution, submitted by Mr. Axrnoxr on the 19th of December last:, herniad, That until otherwiseordered, all papers presentedto the Senaterelating to the condition and title to representation of the soedled confederate States shall bereferred to thoJtCommee upon that subJect.
The PRESIDENT protem e. The pending question is on the amendment of the Senfrom Wisconsin [Mr. DQOLITTLE] to insert the words “except credentials" after the word “ papers. ”.
Mr. OOLITILE. As my colleague, who advocated the other day the passage of this resolution, insists, and that seems to e the general understanding, that the language of the resolution does not embrace cre entials, I shall not insist upon the amendment, butwithdraw it with that understanding.
The pRESIDENTprotempme. the amendment is withdrawn, and the question is on the adoptionof the resolution. Teresolution was adopted. FREEDMENS BUREAU.
Mr. TRUMBULL. I now move that the senate proceed to the consideration of Senate bill No. 60. The motion was agreed to; and the Senate, as in ComWhole, resumed the consideration of the bill (S.No.60) to enlarge the powers of the Freedmens Bureau, the pending question being on the amendment of Mr. COWAN to insert in the 7th line of the 1st section after the word “all” the word “such, ” and after “ U.S.” the words “ as have been lately in rebellion;” so that it. willread: That the not to establisha. Bureau for the Relief of FreedmenandRofugees, apprpvodhlaroh 3, 1865s. hall continue in forceuntil other ivise rovrdedby law and shall extendto refugees and free menin allsuch parts of the U.S. as hayobeen latelyin rebellio n, and the President are divide the section of coup: gindtzmninzsuch reugcesand freedmaninto disr c. o.
Mr. CRESWELL. Isincerel ho c that that amendment will not be adopte. here is as suredly a necessity for the operation of this bill in the State which I in part represent on this floor. I have received within the last 2 or 3 weeks letters from gentlemen of the highest respectability in my State asserting that combinations of returned rebel soldiers have been formed for the express purpose of perse cutin beating most cruelly, and in some cases actuaIl murderin thereturned colored soldiers of the e public. ncertain sections of my State the civil law affords no remed at all. It is impossible there to enforce against these people so violating the law the penalties whichI the t is, therefore, necessary, in my opinion, that this bill shall extend over the State of Maryland. So far as the amendment aplies to my State, I object to its operation an I hope the senate will concur with me in so objectin.
Mr. WLSON. Mr. President, it will be remembered by Senators that from the time the Senfrom Illinois, [Mr. Tuiriinui. i.] on the 22d day of July, 1861, reported in favor of making free the slavesused by rebels for military purposes down to the triumphant passage through the HoRep the other day of I the equal suffrage bill “forthe DistCol, timid friends and opponents alike have indulged in predictions in regard to the results of our legislation here. Although in all cases their prophetic uttemnces have been falsified by time and the facts, and though the records of the country will show to all coming time that they were wrong and the friends of the series of measures were right, that antislavery measures weakened the enemies and strengthened the friends of the country, that antislavery measures lifted up our country in the eyes of the Christian and civilized world, and brought down upon it the blessings of Almighty God, they still continue to prophesy and to o pose the completion of the great work that will establish universal liberty in our country. When we had before us in 1861 the little bill to make free the slaves used for militar ur poses, Senators prophesied, or expresse ticii apprehensions and tears and the only Senator who was right among them all was John C. Breckinridgc, who said that that measure was the beginning of the breaking of all bonds. When we abolished slavery in the DistCol Senators predicted that this District would be ruined, that the jails would be filled, and that universal anarchy and confusion would reifin here.
Mr. GRIMES and that there would be an insurrection here.
Mr. COWAN. I should like to know what those laws are.
Mr. WlLSON. I have not time to read to the Senator the laws of SCarolina, or the laws of Mississippi, or the laws of Louisiana, or the bills that are now nding, if they are not already passed, in the regislature of Georgia; but we have them all, and I say that the provisions of those acts are wholly inconsistent with freedom. I will state one single provision of those laws. The law of one of the States requires the freedmen to have a residence and a home within 20 da s, but it forbids the rentinb or purchasing of and to them outside of the urge towns. Vhatis the poor freedman to do? Go into the highway? There he is a vagrant to be arrested and sold to labor. The tendency of such legislation as that is to continue him an ignorant, degraded, and dependent laborer. At another time, if the Senator does uotwish to take the time to read those acts, or if he has not collected them, or if nobody has sent them to himI hope some one has done soI will furnish him with those acts, or I will take them and analyze them for his instruction.
Mr. WILSON. The Senfrom Pennsylvania tells us that he is the friend of the negro. What, sir, he the friend of the negro! by, Sir, there has hardly been a proposition before the Senate of the U.S or the last 5 years looking to the emancipation of the negro and the protection of his rights that the Senfrom Pennsylvania has not sturdily opposed. He has hardly ever uttered a word upon is floor the tendency of which was not to degrade and to belittle a weak and struggling race. He comes here today and thanks God that they are free, when his vote and his voice for 5 years, with hardly an exception, have been against making them free. He thanks God, sir, that your work and mine, our work which has saver a country and emancipated a race, is secured; while from the word “go" to this time he has made himself the champion of “how not to do it.” If there be a man on the floor of the American Senate who has tortured the constitution of the country to find powers to arrest the voice of this nation which was endeavoring to make a race free the Senfrom Pennsylvania is the man and now he comes in here and thanks God that a work which he has done his best to arrest and which We have carried is accomplished. I tell him today that we shall carry these other measures, whether he thanks God for them or not, whether he opposes them or not. [Laughter and applause in the galleries.]
The PRESIDING OFFICER, (Mr. Form) Order must be reserved in the galleries.
Mr. WILSON. I tell the Senfrom Pennsylvania that I know we shall carry them.
The PRESIDING OFFICER. The Senator will suspend for a moment. The order and decorum of the Senate is not to be disturbed by demonstrations of applause or of disapprobation in the galleries. If, the offense be repeated the order or clearing the galleries will be made at once.
Mr. WILSON. Ihope the Senator will allow me a few moments to reply to the Senfrom Pennsylvania.
Mr. TRUMBULL. I was in hopes The PR JSIDING OFFICER. Does the Senfrom Illinois yield to the Senfrom Massachuselts?
Mr. TRUMBULL. Yes, sir, I yield very reluctantly, for I was in hopes that we would go on with the bill, avoiding this general discussion.
The PRESIDING OFFICER, (Mr. Form) The question is on the amendment moved by the Senfrom Pennsylvania, [Mr. Coward, Mr. HENDRICKS. I ask for the yeas and navs on the amendment. The yeas&nays were ordered; and being taken, resulted yeas 11, nays 33; ABSENT 5.
Mr. TRUMBULL. The words proposed to be stricken out confer no such udicia authority at all. They simply put the officers and employe s of the Freedmens Bureau under the military jurisdiction and protection. They are placed in the same situation as the Officers and soldiers of the Army. Does the Senfrom Kentucky understand thatin a time of peace, and where the courts are in operation, officers and soldiers of the Army are not amenable to the judicial authorities, both Federal and State? Suppose a soldier or an Officer in the Army before this war, or in any of the States where ju dicial authority has not been interfered with, commits a crime upon any citizen of any State, will he not be indicted in the State courts if it is a violation of a State law, or in the Federal courts if it is in violation of a law of the U.S., for the oflbnse, and tried in the court and punished if he be found guilty, just the same as i he were not an officer or a soldier? All that is meant by this clause is simply that the Officers and agents of the bureau shall be under the military jurisdiction. In those sections of country where civil authority is not restored, whence the U.S. courts have been expelled, and where justice cannot be administered in consequence of resistance to the law, where the military power bears sway, of course they cannot be tried in the courts; there are no courts there to try them; it is preposterous to think of appealing to judicial tribunals where there are no judicial tribunals; but Wherever judicial tribunals exist and the civil authorityis maintained, otheers and soldiers are amenable to them for offenses just the same as other citizens, and always have been. They are subject to the Rules and Articles of War, and may be governed by the military power, but for any vio ntions of State law or U.S. law out side of the Army regulations they are amenable to the civil authority.
Mr. DAVIS. I will inquire of the honorable Senator if this bill does not vest judicial powers in the asst commissioners and the agents under it, and whether it is in the competence of Congress by the passage of a law to coufera part of the udicial power of the Government upon such o cers? he honorable Senator says that this section is intended to operate in e T States where there are no courts, if I understand him.
Mr. TRUMBULL. No, sir. I say that these otheers and employee s are put under the Military authority wherever they may be, and become subject to the Rules and Articlcs of War; but I say they are not protected in the violation of local law, and would still be amenable to the courts where the courts are in operation and have not been disturbed by the rebellion.
Mr. DAVIS. Mr. President, we will test that presently; but that is not the effect and meaning of the bill as it is printed. These asst commissioners and these agents take jurisdiction of all contests between the freed negro and the man that hires him. Mr. TRUMBULL. If the Senator willallow me, the bill expressly confines that jurisdiction to rebellious territory, where the military authority prevails, and by its terms expressly excludes any such jurisdiction whenever the rebellious territory, or States which have been in rebellion, are restored in their constitutional relations to the Government. If he will read the latter part of the 8th section, he will find that the only judicial authority conferred by the bill is in that section, and there it is declared that The jurisdiction conferred by this section on the officersand agentsof this bureau to ceaseand determine whonever the discrimination on account of whieh it is conferred ceases and in no eventto be eigercised in any State in which the ordinary courseof Judicial proceedingshas not been interrupted by the rebellion, nor in any such State after said State shall have beenfully restoredin all its constitutional relations to the U.S and thocourts of the State and of the U.S. within the same are not disturbed or stoppedin the penceable courseof Justice. That is the only judicial authority conferred by the whole bill on the Freedmens Bureau, and it is expressly limited in its terms. I hope the Senfrom Kentucky will see that the osition that he assumes is not in the bill. may object to it. I wish he could agree to it; I should be very happy to have his cooperation; but if I cannot, I hope he will not fight against it for something that is notin it.
Mr. DAVIS. I do not understand this bill as the honorable Senator does; and I think before we get through with iIt shall demonstrate that he and mysel willhave a conflict of opinion in relation to this very matter upon other parts of the bill; but I limit my objection at present to this section. Now, sir, what is the effect of the provision which I propose to strike out? and the POTUS, through the War Dept and the Commissioner, shall extend military jurisdiction over the employees, agents, and elbows of this bureau. Are the “employes, agents, and officers of this bureau” o art of the Army?
Mr. FESSENDEN. I wish to suggest to the chairman of the committeeI will not move it if he has any objection to itwhether it would not be well to amend that section, in order to exclude a conclusion that might be drawn from it. I do not know that it would have any very particular legal effect; perhaps the clfect is the same now. The amendment that I suggest is to add to the end of the 2nd section these words: In the exerciseof the duties imposedor authorized by this act and the actto which this isadditional. It strikes me it would have a good effect in taking away an argument that might be used with reference to it by others.
Mr. WADE. How would the clause read then?
Mr. FESSENDEN. As I proposeto amend it, it would read: and the POTUS through the War Deptand the Commissioner, shall extend militaryiurisiliction and protectionover all employee s, agents, and officers of this bureau in the exercise of the duties imposedor authorized by this act and the act to which this is additional.
Mr. TRUMBULL. I do not know that there is any objection to that amendment, except that it might subject these officers to be harassed in acme way by local legislation.
Mr. FSSENDEN. They cannot be harassed in that way while in the exercise of the duties of their othee.
Mr. TRUMBULL. No; of course no local legislation could interfere with this law. I shall not object to the amendment. The amendment was agreed to.
Mr. SAULSBURY. I move to strike out the whole of the 2nd section of the bill, if that motion is in order.
The PRESIDING OFFICER. The section proposed to be stricken out will be read. I e Secretary read it, as follows: SEC. 2. Abife: That the Commissioner, mt hthe approval of the President shall divide eachdistrict into a numberof subdislricts, not to execrd the number of counties or parishesin eachState, and shall assignto eachsubdistrict at least one agent, either a citizen, officer of the Army, or enlisted man, who. if pensatioann officer shall serve Without additional comor allowance and if a citizen or enlisted man shall receivea salary not exceeding $1. 500 perannum; and such agentshall, before cnterin on the duties of his oliice. take the oath, prescribe in the 1st section of the act to which this is an amendment. Each assistanc tommissioner may employnot excoed lllR 6 clerks. oneof the 3rd class and 5 of the 1st class and each azent of a subdistrict may cm ploy 2 clerks of the 1st class and the POTUS, through the War Dept and the Coinmissmiicr, shall extend military jurisdiction and protection over all employees. agents, and officer sof this bureauin the exerciseof the duties imposedand authorized by this act and the act to which this is additional.
Mr. SAULSBURY. As I propose tomor row to say something upon thements of the bill, provided the final vote shall not be taken this afternoon, I will state very briefly now the objection to this particular section. fthere is one thing certain about this bill, it is that it is to have operation throughout the whole of the U.S. That being so, let us consider for one moment the vast iowers conferred under this section upon this reed mens Bureau. I do not say that it was the intention of the honorable framer of the bill, or of any of its friends, that such vast powers should be used, but I say that the bill itself gives authority for the exercise of such powers, and when we look into this section particularly we shall see the vastness of these powers. The 1st section provides flir the appointment of a Commissioner of freedmen with a salary of $3,000, the same as under the original bill. It says that this act shall be operative throughout the U.S., and then it authorizes the POTUS to divide up the whole number of States into districts, not to exceed the number of 12, and it gives an asst commissioner for each district, with the same pay that was prescribed by the act to which this is an amendment. The 2nd section of the bill provides that each district maybe divided into sub districts, not to exceed the number of parishes or counties in a State, each under an agent with a salary of $1,500. What is the executive power which this section confers? What are the number of counties in the U.S., provided the POTUS wishes to make an appointment in every county of the U.S.? A few years ago the number of those counties and I suppose they have not decreased was 1,676.
Mr. DAVIS. There are 1897, with the new States that have been admitted.
Mr. SAULSBURY. My friend says that there are 1897. Are we to stop and say, as an answer to this objection, that the POTUS will not a point an agent in every one of the counties in the whole U.S.? What authority have we for any such assumption? All I so now is that this bill confers the power upon the resident to appoint an agent in every county of the U.S., ifhe chooses; to divide the States into 12 districts, and then sub divide those districts and appoint an agent for every county. It is fully, it is madness, to say that no Executive will do that. It is no answer to the objection if the bill confers the power. These agents areto have clerks. Eac one is to have 2 clerks. This section, when you come to analyze it, gives 72 clerks of asst commissioners, and it will give 3,342 clerks of agents. This bill willgive you, in officers to be appointed under this Freedmans Bureau, a Commissioner at $3,000 a year, 12 asst commissioners at $3,000 each, making $36,000; 1,676 agents, at $1,500 each, if they are taken from among citizens and the bill authorizes the appointment of cit tizens which will amount to $2, 510,000; itgives 72 clerks of asst commissioners at $1, 200 each making $86, 400; it gives 3,442 clerks of agents, as I stated before, witha salary of $1, 200 each, v amounting to $4, 674, 800; making the actual cost of this bureau for the ay of Officers, in case the POTUS chooses, under the authority given him in this bill to divide the States into 12 districts, and then to divide those districts into sub districts, each district representing a county, $7, 314, 200. I offer this amendment to get clear of this enor mous expenditure; and when the bill confers this power I do not accept, as an answer to my objection, that it will not be so operated. The power to so operate it is in the bill itself. I therefore move to strike out that entire section.
The PRESIDING OFFICER (Mr. Pounnov in the chair) put the question on the amendment, and declared that the noes appeared to have it.
Mr. SAULSBURY. I ask for the yeas&nays. erg.
Mr. TRUMBULL. I suggest to the Senfrom Delaware that we are now in ComWhole, and we can take the yeas&nays npon his amendment in the Senate. 1 have no objection, however, to taking them now if he desires it.
Mr. SAULSBURY. I do not wish to delay action, and I withdraw the call for the yeas and an is. The amendment was rejected.
Mr. HENDRICKS. lhave given the Senate my views about this bill, and will not. propose any amendment with a view to complicate the measure; but there is one section to which the objection, in my judgment, is so very clear that I will move to strike it out. It is the 6th section, which confers upon the bureau the power to buy lands for homes for the refugees and freedmen and for usylums and schools. I think the constitutional objection to that section is so yery clear thatIfeel it my duty to move to strike it out.
The PRESIDING OFFICER. The Chair is obliged to inform the Senator that the record shows that that section has been adopted in committee, and it is not in order, therefore, to move to strike it out. That motion will he in order in the Senate.
Mr. HENDRICKS. Yes, sir, I believe it was adopted by a enerul vote.
Mr. DAVIS. move to amend the 4th section of the bill as amended by striking out after the word “lands, ” in the 5th line, the words “in Florida, Mississippi, and Arkansas, ” and in lieu thereof to insert “anywhere in the U.S. ”
Mr. TRUMBULL. The same objection would apply to that amendment as a question of order. [he 4th section has been adopted in ComWhole in lieu of another section, and I suppose, therefOre, it is not in order to amend it in committee. The Senator can make his motion in the Senate. The section as it stands has been agreed to in committee, and having been so agreed to, I suppose it is not now subject to amendment, I me e the suggestion to e Chair; I believe that is the ru e.
Mr. DAVIS. It escaped me that the section had been adopted, and I would as soon take the course suggested by the Senator as any other. The Secretary will please preserve the amendsment, so thatl may offer it avain in the Senate.
The PRESIDI G orrichn. The amendment in this stage of the bill is withdrawn.
Mr. DAVIS. A friend suggests to me that we shall have an opportunity in the Senate to offer our amendments. All I want is an opportunity to offer them. If I shall have an opportunity to offer them in the Senate, I wed as soon do it there as in committee.
Mr. TRUMBULL. Undoubtedly auy amendment is in order now that the Senator thinks proper to offer, unless it is to a section that has already been adopted; but the whole bill, including the sections which have been adopted in committee, will be open to amendmentwhen the bill shall have been reported to the Senate, and it would hasten its proess if Senators will allow it to be reported to the Senate, and then any amendments will be in order.
Mr. DAVIS. I will acquiescein that course with the exception of one amendment that I desire to offer as an additional section. I move toinsert between the 8th and 9th sections of the bill the following: Abife:. That from eachand every decisionbetweenparties madeby the Commissioner or any asstcommissioner, or other Officer of this bureau an appeal or writ of error may be rosccuted to the district or circuit court of the U.S. for the district in which such decision may have been made; and from the judgment of such district or cir cuit court to the SCOTUS by any party or person who may think himself, her self or themselves aggrieved thereby: and upon such parties or persons enterin into bond with good and sutheient securit in the o ice of said court to abide biund perform the final judgment 9f the matter from which such appeal or writ of error is prosecuted and to pay such costsand damagesas may be awarded to any person or parties by reuopipf the prosecution of the some, further proccedings shall be suspended until the fiuuljudgmentof such mutter. I offer this amendment upon the idea that the powers to be executed by this bureau are plainly and simplyjudicial powers. They are nothing else. They are the decisions of suits between different parties. If I be right in this opinion, as I feel assured that I am, it will present this state of case: that in every question arising and decided under this act there will be no remedy whatever by a superviso tribunal. The honorable chairman of the ommittce on the Ju diciar disclaims that thereis any judicial power veste in these officers. I shall test that point with the honorable Senator either now or when the bill shall come into the Senate. I shall propose to add an amendment in the form of aproviso declaring that neither the Commissioner nor the asst commissioners, northeagents of the bureau, shall exercise any judicial power whatever under the bill. Ifa provision of that kind were added I would not offer this section.
Mr. TRUMBULL. The Senator misunder stood me if he understood me to say that no judicialy power was conferred by this bill. I did not intend to say that.
Mr. DAVIS. I withdraw the amendment now pending for the present, for the purpose of offering the one which I have just suggested, to 1come in as a proviso to section 8: Provided, That neither the commissioner, asst commissioners, agents, or any officer under this bill, shall exercise any judicial power whatever. Iask for the ye as&nays upon the amendm ent.
Several SENATORS. Oh, no; take them in the Senate.
Mr. DAVIS. I withdraw the call for the yeas&nays for the purpose of saving time; but I shall offer the amendment again in the Senate, and ask for theyeas&nays upon it then. The amendment. was rejected. The bill was reported to the Senateasamended.
Mr. MORRI. L. I desire to move an executive session; I suppose it is not expected that we can finish this bill this evening.
Mr. TRUMBULL. Will the Senator allow me before I forget it to insert a couple ofwords to which I presume there will be no objection, before a vote is taken on the amendments made in committee? I
The PRESIDING OFFICER. Perhaps the Senator will indulge the Chair in taking theYoto on the question of concurring in the amendments made as in ComWhole.
Mr. TRUMBULL. Before that is done, I wish to amend one of the amendments made in committee.
Mr. CLARK. I suggest to the Chairthat the Senfrom Kentuck, and some other Senators, repose to amen those amendments before t cy are concurred in.
Mr. SUMNER. There is one of the amendments to which I wish to move an amendment in the Senate.
Mr. TRUMBULL. In the 5th line of the 4th section, as amended in committee, after the word “ Mississippi, ” I move to insert the words “Alabama, ouisiana, ” so that it will read, ” unoccupied public lands in Florida, Mississi i, Alabama, Louisiana, and Arkansas.” the effect of the amendment is simplythis: the 4th section, as amended, provides for reserving public lands for the benefit of freedmen and refugees in the States of Florida Mississippi, and Arkansas, and I propose to add Alabama and Louisiana, having ascertained since the amendment was offered in ComWhole that there are public lands in Alabama and Louisiana as we as the other States named. The amendment to the amendment was agreed to. 7 EXECUTIVE SESSION.
Mr. MORRILL. I now move that the senate proceed to the consideration of executive business. v The motion was agreed to; and after some time spent in executive session, the doors were reopened, and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. Meson, January 22, 1866. The House met at 12 oclock m. Prayer by the Chaplain, Rev. C. B. Bovsros. The Journal of” Friday last was read and aproved.
The SPEAKER announced as the 1st business in order the callingof States for the introduction of bills and JtResolutions for reference to committees, not to be brought back by a motion to reconsider. DEFENSE OP NORTHBASTEBN FRONTIER.
Mr. RICE, of Maine, introduced a bill to provide for the defense of the northeastern frontier; which was read a 1st and 2nd time, and referred to the ComForAffrs. SUFFRAGE IN THE DISTCOL.
Mr. JENCKES introduced a bill to regulate suffiage and elections in the DistCol; which was read a 1st and 2nd time, and referred to the ComDistCol. COUNTERFEIT U.S. CURRENCY.
Mr. DEMING introduced a bill to prevent the passing of counterfeit U.S. currency; which was read a 1st and 2nditime, and referred to the ComJudiciary. REGISTRY or VESSELS.
Mr. J. M. HUMPHREY introduced a bill directing the SecyTreasury to issue American registers to certain vessels; which was read a 1st and 2nd time, and referred to the ComCommerce. APPOINTMENT OF REAR ADMIRAL, ETC.
Mr. RICE,of massachusetts, introduced abill to further regulate the appointment of rear admiral, and for the appointment of certain volunteer officers to the regular Navy; which was read a 1st and 2nd time, and referred to the ComNavAffrs. NAVAL DEPOT ON DELAWARE RIVER.
Mr. BROOMALL introduced a bill for the establishment of a navyyard and naval det on the Delaware river In Pennsylvania; which was read a 1st and 2nd time, and referred to the ComNavAffrs. SOLDIERS or THE WAR OF 1812.
Mr. MILLER introduced a bill granting pensions to soldiers of the war of 1812 with GreatBritain; which was reads. 1st and 2nd time.
Mr. MILLER. I move the reference of the bill to a select committee of 3.
Mr. WASHBURNE, of Illinois. Ivery much dislike toobject toanything that my friendfrom Pennsylvania [Mr. M 1mm desircs; butl would like to know the particular reason wh this bill should not go to the appropriate staning committee.
The SPEAKER. The subject cannot be dehated under this call. It is in order to move the reference of the bill to the ComInvalidPens.
Mr. WASHBURNE of Illinois. In order to teat the sense of the house, I make that motion.
Mr. STEVENS. If itbe in order, I should like to ask of the ComInvalidPens why they have not yet reported the bill which I offered before the holidays, allowing employee of the Government to receive their pensions.
The SPEAKER. Debate is not in order now. The motion to refer the bill to the ComInvalidPens was agreed to.
Mr. MILLER. I move that the bill be or dered to be printed. The motion was agreed to. BOUNTIES.
Mr. MILLER also introduced a bill granting bount to volunteers who entered the Army of the U.S. in the years 1861 and 1862, for the purpose of puttin dowu the rebellion which was read afimt am 2nd time, referred to the ComMilAffrs, and or dered to be printed. SUFFIKAGE IN THE DISTCOL.
Mr. MYERS introduced a bill to regulate suffrage in the DistCol which was read a 1st and 2nd time, and referred to the ComDistCol. MARTHA ncoon. Mr. BINGHAM introduced a JtResolution for therelief of Martha McCook; which was read a 1st and 2nd time, and referred to the comInvalidPens. EMPLOYfis IN EXECUTIVE MANSION.
Mr. SPALDING introduced abill to author me the President to appoint certain Officers of his household and fixmg their salaries; which was read a 1st and 2nd time, and referred to the ComAppropriat. OATH OF OFFICE.
Mr. FINCK introduced a bill to prescribe the oath of office which was read a 1st and 2nd time, referred to the ComJudiciary, and ordered to be printed. VIRGINIA LANp WARRANTS.
Mr. CLARKE, of Ohio, introduced a bill allowing the further time of 5 years to those owning land warrants issued by the State of. Virginia to her officers and soldiers of the Virginia line on continental establishment to enter and survey the same; which was read a 1st and 2nd time, and referred to the ComPubLands. AMENDMENT OF THE CONSTITUTION.
Mr. ASHLEY, of Ohio, introduced a JtResolution proposing an amendment to the constitution oi the U.S.; which was read a 1st and 2nd time, ordered to be printed, and referred to the ComJudiciary.
Skip Skip MESSAGE FROM THE SENATE. A message was received from the Senate, by Mr. Former, its Secretary, notifying the House that that body had passed the following bills and JtResolution, in which he was directed to ask the concurrence of the House: A bill (S.No.69) to provide for the payment of pensions; point resolution (S.No.20) extending the time for the completion of the Burlington and MissouriRiver railroad; A bill (S.No.86) granting the franking privilege to Mary Lincoln; and A bill (H.R.No. 86) making appropriations for the payment ofinvalid and other pensions of the U.S. for the year ending 30th June, 1867, with amendments. JUDICIAL SYSTEM OF THE U.S.
Mr. EGGLESTON introduced abillto amend the judicial system of the U.S.; which was read a 1st and 2nd time, and referred to the ComJudiciary. J and o. Mr. com: and co.
Mr. FARQUHAR introduced aJtResolution for the adjustment of the claim of J. & O. P. Cobb 6!. Co., of Indiana; which was read a 1st and 2nd time, and referred to the committee of Claims. BOUNTY LAND.
Mr. FARNSWORTH introduced an act granting bounty land to officers and soldiers of the U.S.; which was read a 1st and 2nd time, and referred to the ComMilAffrs. UNANIMOUS CONSENT.
Mr. WASHBURNE, of Illinois, was. by unanimous consent, allowed the privilege here after to submit bills which he had in his committeeroom. ADDITIONAL Illinois POST ROUTE.
Mr. COOK introduced a bill to establish a post route from Gardner to Tonica, in the State of Illinois; which was read a 1st and 2nd time, and referred to the comPostOffice. CALLING OUT NATIONAL FORCES.
Mr. BLOW introduced a bill to define the meaning of the 1st sectiOn of the act entitled, “An act further to regulate and provide for enrolling and calling out the national forces, and for other purposes, ” approved July 4, 1864; which was read a 1st and 2nd time, and referred to the ComMilAffr. LEWIS J. CUNDIFF.
Mr. NOELL introduced a bill for the relief of Lewis J. Cundiff,of st. Francis county, missouri; which was read a 1st and 2nd time, and referred to the ComClaims. CLAIM OF NEWHAMPSHIRE.
Mr. ROLLINS introduced a bill to authorize the payment of the claim of the State of NewHampshire for certain services, of her militia during the war of 1812; which was read a 1st and 2nd time, and referred to the ComClaims. PROTECTION.
Mr. HUBBARD, of Iowa, introduced a JtResolution relating to the unexpended balances of the $10,000 appropriated for the protection of emigration upon thelroute from the Missouririver to Gallatin, in Montana, by act approved March 8, 1863; which was read a 1st and 2nd time, and referred to the ComAppropriat. POST ROADS 1N CALIFORNIA.
Mr. BIDWELL introduced a bill to establish certain post roads in the State of California; which was read a 1st and 2nd time, and referred to the comPostOffice. AMENDMENT OFJtResolution.
Mr. CLARKE of Kansas, introduced ajoiut resolution amending a point resolution therein named; which was read a 1st and 2nd time, pnd referred to the ComMilAf airs. NEWMEXICO.
Mr. CHAVES introduced a bill attaching all that portion of the Territory of Colorado lying south of the 38th arallcl of north latitude to the Territory of NewMexico; which was read a 1st and 2nd time, and referred to the ComTerritor. WASHINGTON TERRITORY.
Mr. DENNY introduced. a bill amendutory of the organic act of Washington Territory which was read a 1st and 2nd time, and referred to the ComTerritor. PAYMENT OI UNION PRISONERS.
Mr. DONNELLY introduced a bill making provision for the payment of officers and men of the U.S. Amy who, by confinement in rebel prisons or otherwise, were prevented from bein mustered into the service for some time after their appointment; which was read a 1st and 2ndtime, and referred to the ComMilAffrs. NIAGARA FALLS SHIPEANAL.
Mr. VANHORN, of NewYork, introduced a bill to construct a shipeanal around the falls of Niagara; which was read a 1st and 2nd time, and referred to the Committee on Roads Canals. ADMISSION OF COLORADO.
Mr. BRADFORD introduced a bill to provide for the admission of Colorado as a State into the Union; which was read a 1st and 2nd time, and referred to the ComTerritor. 1min DEPT or WASHINGTON.
Mr. INGERSOLL introduced a bill concerning the fire dept of Washington city which was re: a 1st and 2nd time, an referred to the ComDistCol. TAX 0N CIGARS.
Mr. MILLER submitted the following resolution; which was read, consuicred, and agreed to: Resolved, That the ComManufactures be are hereby re nired toinquire into the qxpedim ficporting a bnit graduYating the tax on cigflh manufuctured and sold within the U.S. according to the quality thereof. GOVERNMENT LOAN TO MEXICO.
Mr. STEVENS offered the followmg resolution: Resolved, That the ComForAffrs be instructed to inquire into the propriety of the U.S. granting a loan on property securityto the republic of M extco, to cmib o her to preventthe establishment of a monarchical Governmenton her soil.
Mr. STEVENS. I do not know whether it is proper to say a word in explanation of that resolution now.
The SPEAKER. It is not, nor can the Chair ask unanimous consent during the morning hour, but it must pass under the previous question, or without debate.
Mr. STEVENS. Then I withdraw it. I wanted to explain it. The resolution was accordingly withdrawn. STARVATION OF PRISONERS.
Mr. WILLIAMS submitted the following resolution: Ilewlved, That upontheevidence before this nation of the starvation and butchery of its soldiers as pris oners of war in the hands of the late socalled confederate government, and of other violations of the humane usages of nations in that behalf, ith the presumed connivance of the executive it“!!! of that government and the ccmmanderinchic of its armies in the field, it has become the duty of the POTUS to order the trialof those pretended functionaries, and all other officers of that government, civil ormilitary, whoarebelievedtohaveeither authorized or been consenting thereto, before a military commission for a violation of the laws of war, and in case of the conviction of any of them, to axe cpuutneisthhemseennttaesnmceaoyfbseuachdjturidbguendablsytbhyeimnflaipetpirnegpsriuacthe to the offensc. That under the ecial circumstancesof the case, the arraignment c any of the leaders of the rebellion for the crime oftreason beforeany of tbejudicial tribunalspf the country. besides being of questionable golpriety in itself after so long a maintenan. oof the belligerent relation, would be attended wit: no valuable practical results, from the constitution a necessityof a trial within the rebellious districts, where the peers of the delinquent will be none other than the partners of his gui t.
Mr. FARNSWORTH. I suggest an amendment by addin the words “courtmartial or" before the wor s “military commission.”
Mr. WILLIAMS. I accept the amendment. I demand the previous question on the adoption of the resolution.
Mr. ELDRIDGE. the table. M Mr. CONKLING. Mr. Speaker, if the resolution is not laid on the table, and the previous question is not 2nded, Will it be in order to move to refer it to the ComMilAffrs 7,
The SPEAKER. It would unless some one rises to debate it, in which case it would go over.
Mr. CONKLING. Does it not refer to the ComMilAffairs?
The SPEAKER. fit does not. The motion to lay the resolution on the table was not agreed to. The previous question was then 2nded.
Mr. WILLIAMS. I will waive my motion on the adoption of the resolution, and ask that it be referred to the ComJudiciary; and on that I demand the previous question.
Skip Skip The previous question was 2nded, and the main question o ered; and under the o eratibu thereof the resolution Was referred to the ComJudiciary. TOBACCO IN THE LEAF.
Mr. MYERS submitted its following rm; I move that it be laid on lotion; which was read, considered, and agreed to: Resolved. That the ComWays&Means be instructed to inquire into the expediency of so amending the internalrevenue law asto leave the tax on tobaccoin the leaf. DUTY 0N COFFEE, SUGAR, ETC.
Mr. STROUSE submitted the following resolution, which was read, considered, and agreed to: Resolved, That the COmmittecof Ways&Means be ins noted to inquire into the expediencyof reducing the duty or titriffon coffec, sugar, tea, pepper, salt, and other necessariesof life. TEST OATH.
Mr. STEVENS offered the following preamble and resolution, upon which he demanded the previous question: Whereas. certain high otheinls have communicated the factthat they hnvonppeintedto otiicc, and allowed to notoflicially, scveral rebelswho did not and could not take the test oath asrequiredby law: Therefore. Resolved, That the ComJudiciary be instructedtoinquire whetheranylegislative measures are necessaryto enforce obedience to the law by all men, without regard to rank or color.
Skip Skip The previous question was 2nded, and the main question ordered; and under the operation thereof the preamble and resolution were agreed to. STARVATION OF PRISONERS. Mr. ASHLEY, of Ohio, mtRtv the resolution offered by Mr. VlLldAMS was referred to the ComJudiciary upon the table. Agreed to. sonnnuis PAY.
Mr. WELKER submitted the following resolution, which was read, considered, and agreed m Resolved, That the ComMilAffr be instructed to inquire into the expeilicncy of providing by law for the payment to privates and olficers of the Union Army during the lato rebellion of their monthly pay from the date of their discharge until notice was ven them of such dischargeor acceptance of resignation, and until relieved from duty, and report by bill or other vrise. POSTAL LAWS.
Mr. SPALDING submitted the followin" resolution; which was read, considered, and agreed to: Resolved, That the compostOffice be instructed to inquire into the exediency of causing to be comiled and publish I may single volume. if practicab c. with a suitable index all nwsnowin force regulating the postal service of the U. S., and that said committeehave leave to report by bill or other msc. TAX ON TOBACCO.
Mr. CLARKE, of Ohio, submitted the following resolution; which was read, considered, and agreed to: Resolved, That the ComWays&Means be instructedtoinquire intotheex ediencyofumending the internalrevenuelaws by the reduction of the tag upon commoncigars and mauulactured common to acco. RECONSTRUCTION.
Mr. STEVENS. Is it ine rderto debate those resohitious?
The SPEAKER. It is not. The resolutions are referred, tinder the resolution of the HouseI to the JtComReconstruction. 1866. 351 MEXICAN AFFAIRS.
Mr. SMITH submitted the followmg resolution; which was read, considered, and agreed to: Resolved. That. the President be requestedto communicate to this House. if in his opinion not inconsistent with the public interest, on correspondence or otherinformation in possessiono the Government in regard to a demonstrationmadeby both branches of the Congressof the U.S. of Colombia in honor of President Juarez, of the republicof m exieo, for his perseverance in defending t independence and liberty of his country, and any other similar dem onstrations from any other countries.
Mr. MchEE submitted the followmg resolution; which was read, considered, and agreedto: Whereas certain judges of the State courts of the State of Kentucky have set aside the act of Congress aproved March 3, 1863entitled “An act relating to huieq: corpusand regulating judicial proceedingsin certain cases, "and heverefusedto parties the benefit and protection which this act was intended to give them, and further. the Legislature of said State having fccently passeda lawmaking it unlawful for the Judicial otheersof said Commonwealth to carry out certain provisions of said act: Therefore Resolved, That the ComJudiciary be instructed to inquire into and report at the earliest day practicable what additional legislation is neces pnry to carry into clfect the provisions of said act. if in their opinion a remedycan be applied by legislation, and to report to this House by bill or otherwise. PRESENTS IO OFFICEHOLDERS.
Mr. NIBLACK submitted the following resolutions: Resolved, That the conduct of his Excellency, An difewJohnson, POTUS, in declining to guest". marriage and horsestendered to him since his accessionto officebysomeof his friends in NewYork, was. Underthe circumstances which surrounded him. eminently prudent, commendable, and putriotip. igllording, as it did a valuable example to others similarly situated. an meets the unqualified up robotion of this House. c u it resolved, That it is the senseof this House t t the practice, new so common, of persons holding official positions under the Government ne egpting presentsof value from their subordinates in o co, moro or lessdependentupon them for appoint iplirnegnt, promotion, orpther officiui favors, is demoral in its tendencies. destructive of public ponti denco, and ought to be prohibited.
Mr. FARNSWORTH. I move to lay these resolutions on the table.
Mr. KASSON. I would ask the Gentfrom Indiana [Mr. NIDLACK] not to press his resolutions to a vote now. It does not seem to those of us on this side who are equally interested with him in the establishment of correct principles to be worthy the special action of the House in that manner.
Mr. NIBLACK. As small as the matter may seem to be, I think it a matter of some importance, and I must call the previous question on it.
Mr. SCHENCK. I rise to a question of or der. My point of order is that these resolutions denominate the President. of the U.S. “his Excellency.” There is no such officer known to the constitution of the U.S.; it is antidemocratic a title not known or recognized. Our Chief Magistrate is desig nated “ the POTUS ”
Mr. NIBLACK. I confess that is a matter with which I am not so aufmt, perhaps, as the Gentfrom Ohio, [Mr. Scusx ex.] Iam in the habit of using plain language, and try to eXpress the idea I intend to convey. That is the way I try to get at what I mean.
The SPEAK It. The Chair will state that this is a new point of order. His recollection is that in the debates of early Congresses many of the members called him “ his Excellency, the President.”
Mr. SCHENCK. There is no such officer known under the constitution as “ his Excel lency, the President, ” and I am astonished that, even with all their lately conceived admiration of the]present Chief M istrate, it should come from the Democratic si e of the House.
The SPEAKER. The Chair is of opinion, that the gentleman is correct. But in the 1st Congress, after debate in both branches on the appropriate title, it was dropped without being settle; but the 1st Speaker sent a message to the Senate in which he styled him “the presidelnt;" and that is doubtless the proper otheial title.: The question was upon the motion of Mr. Emnswonrn, to lay theresolutions on the table. wcll. Strouso, Taher Taylor, T Mr. NIBLACKcalled for the yeas&nays. The yeas&nays were ordered. The question was then taken; and it was decided in the negativeyeas 19, nays 126, not voting 37; So the resolutions were not laid on the table.
The SPEAKER. The resolutions go over until Monday next, the morning hour having exiredpendin the eall of the previous question. Mr. SCHEL OK. I desire to give notice that when these resolutions a sin come u for action, I will move the following amendment in addition: and that it is to he regretted that membersof this Congresscannot. many of them, takelike approbation to themselves for patriotiedly and nohly refusing to neceptfreepassestpnderedthemby various streetrail ways and other railroad companies. BASIS OF REPRESENTATION.
Mr. STEVENS. I am instructed by the JtComReconstruction, which is authorized to report at. any time, to report a JtResolution proposing an amendment to the constitution of the U.S. The JtResolution was read a 1st and 2nd time. It is as follows: Resolved the Senate and Houn of Iimreoenlntivea of the U.S.A. in Congressassembled, S2/3rds of both Houses concurring) That the followinizarticle heproposed to the Legislatures of the several States as an amendmentto the constitution of the U.S.; which, when ratified by 3/4ths of the said Legislatures shall bevalid aspart of said constitution, namely: ARTICLE. Representativesand direct taxes shall be apportioned among the several States which may be included within this Union according to their respectivenumbers. counting the whole number of personsin eachState. excluding Indians not taxed: provided, That whenever the elective franchise shall be denied or abridgedin any State on account of raceor color, all personsof such race or color shall be excluded from the basisof representation. The question was upon ordering the point resolution to he engrossed and read a 3rd time.
Mr. STEVENS. Mr. Speaker, Iwill say one word on this subject. I will not. make a speech, because every member here has, I suppose, for the last 6 weeks had this question under consideration. There are 22 States whose Legislatures are now in session, some of which will adjourn vwithin 2 or 3 weeks. it is very desirable, if this amendment is to be adopted: that it should go forth to be acted upon by the Legislatures now in session. It proposes to change the present basis of representation to a representation upon all persons, with the proviso that wherever any State excludes a or ticular class of persons from the elective ran chise, that State to that. extent shall not be entitled to be represented in Congress. It does not deny to the States the right to regulate the elective franchise as they please; but it does sayto a State “If you exclude from the right of suffrage Erenchmen, Irishman, or any particular. class of people, none of that class of persons shallbe counted in fixing your representation in this House. You may allow them to vote or not, as you please; but if you do allow them to vote, they Wlll be counted and represented here; while if you do not allow them to vote, no one shall be authorized to represent them here; they shallbe excluded from the basis of representation. As I said before, I shall not make a speech. upon what every man understands, what is contained in a nutshell, unless some gentleman on the other side of the House desires to discuss this question.
Mr. CHANLER. Will the gentleman a110w me to ask him}; question?
Mr. CHANLER. I desire to ask the gentleman for what purpose be proposes to this side of the House a discussion. s it for the purpose of opening discussion now, or for the purppse of hnving some future day fixed for the scussion of the subject?
Mr. STEVENS. I intend, if the House is ready, to have this JtResolution passed before the sun goes down. Several MEMBERS. We are ready.
Mr. STEVENS. But I will say frankly to the cutleman that a gentleman on that side of the House, a member of the committee on recoiistiuction, asked me not to deprive him of the opportunityofsainga word upon the amendm ent, which he did not approvein committee; and I thought it might be a matter of courtesy to so to him, “You shall have that op rtunity. Then I intended that, if there should be any memberon this side of the House, some member of the committee erlia s, desirous to reply to the gentleman, it s oul be done; and then I proposed to submit to the House whether it. was not ready to pass this amendment todny.
Mr. RANDALL, of Pennsylvania. Willmy colleague ield to me for a moment?
Mr. STEVENS. I will yield to the gentlemanfor a question. liMr. RAB DALL, of Pennsylvania. I desire to say a word or 2 which will lead me to the question that I desire to ask. Here the whole policy of our Government is proposed to be changed in the twinkling of an eye
Mr. STEVENS. I do not yield to my colleague to discuss this question at present.
Mr. RANDALL, of Pennsylvania. Well, then, I ask in colleague to allow that this proposed amendment to the constitution may be aid upon the table and be printed, so that we may have proor opportunity to understand its full sco e. Ipknow the scope of it, so far as Pennsyvania is concerned. 1 know that it will reduce her representation on this floor, and as a Pennsylvanian, I am against it or any similar proposition. But I do not know how it will affect other States 5 and therefore I ask my distinguished colleague to allow this proposition to be at least printed, so that we may ully and clearly understand its bearings before voting upon it.
Mr. WILSON, of Iowa. I ask the Gentfrom Pennsylvania [Mr. Srsvsss] to yield to me for a moment.
Mr. WILSON, of Iowa. I will state, Mr. Speaker, that this same subject, having been referred to the ComJudiciary, has been considered by that committee, who had determined to report, for the action of the House, a preposition which, if I correctly caught the language of this proposed amendment as read, is substantially identical with it. I merely state this to show that the ComJudiciary, after careful consideration, have reached the same conclusion on this subject as the point ComReconstruction.
Mr. GRIDEit. I ask the gentleman to yield to me.
Mr. STEVENS. Does the gentleman wish to discuss the question?
Mr. GRIDEit. I wish to ask the Gentfrom Pennsylvania. to allow a proposnion tobe made. He is the only gentleman occupying the floor who can make a motion in regard to this measure which I desite, and that is that the bill shall be ordered to be printed, and the question postponed to some daythis week, as early as you please, so that when we are called on to vote we may do so after argument on the important issue presented. We want the blll printed, and we want an opportunit to debate these questions; and it remains with the Gentfrom Pennsylvania, oceupying the atti tude he does, whether he shall force it upon us without debate, and without the measure being riuted.
Mr. SLOAN. I ask the Gentfrom Pennsylvania to allow me to say a word.
Mr. ROGERS. Does the Gentfrom Pennsylvania ield to me?
Mr. STEVLNS. I yield to the Gentfrom NewJersey, who is a member of the committee.
Mr. ROGERS. Mr. Speaker, I present the minority report on this matter by the consent of the whole committee.
Mr. STEVENS. After my colleague on the committee has discussed this question as much as he desires, if we can have the previousquestion called, I am willing that the bill sha l be postponed until tomorrow, and ordered to be printed.
Mr. ROGERS. I am ready to say what I have to so now, if the House is ready.
Mr. STEVENS. I yield for the purpose of allowin the Gentfrom NewJersey to proceetf Mr. CHANLER. Before my friendfrom NewJersey proceeds, I want that this matter may be put right upon the record.
Mr. SCHENCK. I ask the Gentfrom NewJersey to suspend fora moment and allow me to make a suggestion to fix a day certain, tomorrow or some other day, to which this matter shall be postponed.
Mr. CHANLER. I object unless the gentleman yield unconditionally, because it carries with it a previous personal arrangement made by one gentleman on this side with the leader of the House on the other side.
Mr. ROGERS. I have made no such arrangement.
Mr. CHANLER. Iwantthat statementmade, so that we may understand on this side of the House how far members in opposition to this movement are committed by any arrangement on the part of the Gentfrom NewJersey.
The SPEAKER. the Gentleman cannot take up the time of the Gentfrom NewJersey Without his consent.
Mr. ROGERS. I will say to the Gentfrom NewYork that I am as much in favor as he can be of having this matter fully discussed.
Mr. CHANllER. I take that for granted, Mr. ROGERS. As I was on the committee and submitted the report from the minority, I desire to state to the House the reasons why I oppose this amendment to the constitution of the U.S.
Mr. CHANLER. As I understand, the Gentfrom NewJersey is allowed to take the floor on an arrangement with the chairman of the reconstruction committee.
Mr. SCHENCK. The Gentfrom NewJersey has yielded to me and not to the Gentfrom NewYork.
Mr. ROGERS. I do not yield to the Gentfrom NewYork.
The SPEAKER. The Gentfrom NewYork objects to the Gentfrom NewJersey ielding unless he yields unconditionally.
Mr. CHANLER. I make the point of order that it is not in order for the Gentfrom Ohio to make a point of orderand then to make an explanation.
Mr. SCHENCK. That is what the gentleman ISdoing. likaughten] Therefore the gentleman ls out o order.
Mr. CHANLER. I knewI am out of order, and the Gentfrom Ohio is out of order.
Mr. SCHENCK. If the Gentfrom NewJersey will yield the floor I will make a an estion.
Mr. STEVENS. My purpose, utter the Gentfrom NewJerse Tilda ROGERS and some members on our si ehave delivere their views upon the jointresolutiou, was to postpone its further consideration till tomorrow and have it printed. Then Idesign to fix some time tomorrow when I shall movethe previous question. That was my intention; and unless the House should think unfavorably of iIt shallfollow that course. So, then, after the gentlemap from NewJersey and the Gentfrom NewYork [Mr. Conxuuo] shn lhave spoken, I intend to move to postpone its further consideration till tomorrow, and have it printed. Then I mean to say that I shall not consent toa general run ning deb ate, as it will be a sure way to defeat it by amendments. It Mr. CHANLER. I rise to apoint of order, that the chairman of the committee has no right to exclude a member of the minority of the committee from producing and debating a mine irty report on the floor of this House; in other words, that a member of the committee has a right to debate the question under the ru e.
The SPEAKER. A member of the committee is on the floor now proposing to debate it. The Chair recognized him, without knowing of any arrangement in the committee, under the usage oft to House, which is, that members of the committee shall have preference in speaking.
Mr. CHANLER. The Chairwill excuse me for reiterating the fact that the chairman of the committee asserted that such an arrangement was made, and 1 yielded under that arrangement.
The SPEAKER. The Gentfrom NewJersey [Mr. Realms] is recognized and not the Gentfrom NewYork, [Mr. CHANLER]
Mr. SLOAN. I ask the Gentfrom NewJersey to yield for the purpose of having an amendment that I offer read.
Mr. ROGERS. I yield for the purpose of having it read, but not for debate.
The SPEAKER. It will be read for information. The Clerk rend the proposed amendment of Mr. Smart, as follows: That the following article he proposedto the legislatures of the aeverul States as an amendmentto the constitution of the U.S., which, when ratified by 3/4ths of said Le:islaturcs. sl tnll bevalid to all intents and purposesas a partof sald Constitution. namely: Aurrcu: XHI. SEO1. Representatives in Congress shall be apportioned among thescveral Stateswhich maybe included within this Union accordingto their respective number of qualified electors. The actual enumeration shall be madein the year 1870, and within every subsequent term of ten years, in such manner as Congress shall by law direct. SEC. 2. Direct taxes shall be apportioned among the several Statesaccordingto the appraisedvalue of taxable property therein respectively. The ruleof appraisement of taxation shall be uniform.
Mr. RANDALL. of Pennsylvania. Will the Gentfrom NewJersey [Mr. Boom] yield a moment?
Mr. RANDALL, of Pennsylvania. I understand perfectly well the power of the chairman of the committee who reported this amendment, and how he derives that power. It is simply through the will of the majority of this House, and to that majorityI have a word to say. Ye desire that we shall have time to look into this subject, and I ask of the gentleman who introduced this JtResolution that he will consent that the consideration of the subject shall be postponed until Thursday next, then to be made the special order from day today until disposed of. n the mean time it will be prmted. This is precipitate action that is proposed. I call it precipitate, for until I heard the resolution read knew nothing of it; nor dolthmk many members of the House knew of it. The country is totally unaware of the proposition. I hope, therefore, that the chairman of the committee will assent to a postponement, so that we may have at least an opportunity of seeing what it is and considering 1t. PERSONAL EXPLANATIONS.
Mr. J. L. THOMAS. I ask the Gentfrom NewJersey to yield to me for a moment to allow me to make a personal explanation as to my absence from the House on Thursday last when the final vote was taken on the passage of the DistCol suffrage bill.
Mr. ROGERS. I will yield for that purpose.
Mr. J. L. THOMAS. In the report of the proceedings of the House in the Baltimore Sun the following note appears appended to the report: “NormOwing to the great confusion on the floor of the House last evenin. Mr. Jona L. Tuuuas. of Maryland. was understo to have voted against the negro suffragebill: although lievoted on the previous tp thestionhedid not vote on the bill, being absent from the Hall when the vote was taken.” That statement, without any further allusion to it on my part, subjects me to misconstruction, and intimates that I shirked a responsi bility which I am always ready and willing to meet. I will state that in the afternoon of that day I was in the receipt of 2 communications which made it absolutely necessary for me to leave the city in the Annapolis train, which lett at 35 minutes after 4,to attend to business of my constituents on matters equally important to them as the suffrage bill. nxious to vote on the several propositipns, I came to the House on the afternoon of that day and voted to lay the bill upon the table, which I considered a test question. I voted also against the proposition of the Gentfrom NewYork [Mr. HALE] for qualified suffm e, and then I turned my head to the clock an found that it wanted only ten minutes of the starting time of the Anna iatrain, and I IeR. I desire to say that when I lett this Hall, it was with no intention of evading the issue of that bill; because I had ilaced myself upon the rec ord, as I thought, fairly and squarelyagainst ne prosuffrage, either qualified or universal, and I desire now to ask the consent of the House to allow me, under these circumstances, to record my vote against the passage of the bill.
The SPEAKER. The Chair will state that, under the rule of the House, unanimousconsent cannot be given. The rule. adopted by the last Congress requires a member who records his vote to be in is seat during the rollcall, and if he is not in during the rollcall, the Chair cannot entertain a proposition to ask unanimous consent for him to vote.
Mr. J. L. THOMAS. I will state, then, that if I had been present when the vote was taken, I slhould have voted against the passage of the bi 1.
Mr. WHALEY. I hope the House will indulge me while I state that had I been present when the bill was passed extending suffrage in the DistCol I should certainly have voted against it.
Mr. FARNSWORTH. I desire to obtain some information in regard to that rule relating to voting.
The SPEAKER. The Chair will answer any question the gentleman may ut.
Mr. FARNSWORTH. If l understand aright 2/3rds of the House can suspend the rules, and if 2/3rds of the House can consent to a mans voting. cannot the whole House do it?
The SPEAKER. It cannot, because the rule is laid down in specific terms. The Gentfrom Illinois has been a member oft c House for many years, and he knows that the rules can only be suspended on Mondays after the morning hour, and when no other business is pending befqre the House. A JtResolution is now pending on which the Gentfrom NewJersey [Mr. Rooms] is entitled to the floor. If the House should pass from its consideration before the adjournment, then a motion to suspend the rules for this or any other purpose would be in order. It would not be in order except in that contingency.
Mr. KELLEY. Will the gentleman yieldto me one moment for a question?
Mr. KELLEY. I wouldliketo inquire of the gentleman whether it is not possible that the male mine r may come to an age that will secure him the rightto vote; and whether it is not possible for the unnaturalized foreigneralso to acquire that right i and whether, inasmuch as hot may acquire it in the current decade, they should not be included in the basis of Representation; and whether the mere efilux of time or force of will will change the complexion of an intelligent quadroon, so that he may vote. The free man who can never vote should not be counted among voters and possible voters in fixin the basis o suffrage.
Mr. conKLING. Will the gentleman yield to me for a moment?
Mr. CONKIJNG. Will the gentleman be kind enough to inform the House why he says that such a distinction between races could occur under this amendment? Is it not true of one race as much as another that any qualification or requirement could be imposed? If inflicted upon either race or the members of either race, ” on account of race or color merely, ” then only enolusion from the basis of representation would be worked, but no more in favor of one race, or against one race or color more than another.
Mr. ROGERS. That does not meet the argument that I am making. If they are disfranchised on account of race or colorand that is the only conceivable reason for which they would be construedto be (lisfranchisedthen the whole race would be unre presented; whereas no disfranchisement of whte people would be construed to be done on account of race and color, as it cannot be expected that white people would disfranchise their own people because they were white. The States, in the exercise of sovereign power, can impose such qualifications upon the exercise of the right of suffrage as they please. Thnt right they reserved, and there I want to leave it. free from any penalty.
Mr. CONKLING. [in answer to the gentlemans question, I do undertake to say if any State should impose qualifications ali e upon white and black, and those qualifications as impartially imposed should appen to include negroes, because they could not come up to them, notwithstanding that the State would be entitled to its entire negro 1pepulation for the urpplse of representation. do say that would et e law.
Mr. THAYER. Will the gentleman allow me a nestion?
Mr. THAYER. I desire to ask the gentle a man whether that provision of the constitution which confines the basis of representation to 3/5ths of this class of people has not been abrogated by war, or rather by the results of the war, in freeing that class of people; whether, therefore, now, the South, notwit istnnding this provision in the constitution, would not be entitled to count the whole black population as 5 5ths instead of 3/5ths in computing the number of Representatives to which they are entitled; and whether the result of that computation would not be to add to the representation of the States lately in rebellion on this floor 12 or 13 members in addition to the number which they had before the war. I desire to ask the gentlemen whether he is in favor of that result.
Mr. KELLEY. Will the gentleman allow me to ask a question?
Mr. KELLEY. Before asking the question I desire to say that I am irrevocably opposed to the passage of the amendment to the constitution now before the House. I ask the question simply to elucidate the argument. I want the gentleman to tell me, if he can, whether there is any reason that when our Government shall be reconstructed, one pardoned rebel of SCarolina who may not be able to read and write, and who may have fought for 4 years against the Government, shall, in political power, alike on the floor of Congress and in electing a President, outweigh 3 or 5 intelligent returned soldiers of NewJersey, who throughout the same 4 years fought for the Union; and whether, if the colored people of SCarolina be represented on this poor, and yet be denied a vote, the gentleman who will succeed the late Preston. Brooks will not be elected by a vote so small that it 1866. 355 will take at least 5 Jersey soldiers to counter balance the vote of each SCarolina voter in that district? The votes in the gentlemans district will number more than 5 to one in that district. If there must be inequality, the Patriot soldier should, in my judgment, outweigh the pardoned but bloody handed traitor in the councils of the nation.
Mr. ROGERS. Does the gentleman say that a State can allow aliens to vote for Federal of floors?
Mr. conKLING. As that question is not here, I have said nothing about it.
Mr. ROGERS. I an erstood the gentleman to say that a State might allow aliens to vote.
Mr. BLAINE. Will the Gentfrom NewYork [ML Coxxuso] yield to me for amoment?
Mr. BLAINE. I hold in my hand a table which was prepared with very great care by my estimable ricnd on the ComWays&Means, [ML Monuiu.] in which upon a basis of white males above 21 years of age, upon a representation of 240 members, NewYork would have 35 and 5/10ths members, or on a close struggle for the fraction she would have 36; Pennsylvania would have 24 and 2 10ths, and be confined to 24 mcmbers. today NewYork has 31 members and Pennsylvania 24; giving NewYork now 28 and a half%. more representation than Pennsylvania. But upon the basis upon which the table is calculated NewYork would be entitled to 50%. more Representatives than Pennsylvania. I admit that Pennsylvania would not absolutely lose one ofher Representatives, but relatively she would lose by the representaflon of NewYork being increased.
Mr. ROGERS. Will the gentlemaii yield to me for one moment that I may ask him a question?
Mr. ROGERS. Suppose that a State, in its organic law should exclude the colored people from the right of voting, and should accom any that. act by a preamble declaring that such exclusion was not on account of race or color, but was on account of the want of intelligence or education among the colored people; could that l i l State, under this proposed amendment of the constitution, have representation for its whole colored population?
Mr. CONKLING. The Gentfrom NewJcrse [Mr. Rooms] knows as well as I do that that question has nothing but casuistry to recommend it, if it has that. He understands. that any State composed of honest people properly outside a lunatic asylum if they proposed a qualification for the sake of the qualification, an fairl to exclude all who could not come up to it, an toadmit allwho could, would make the qualification apply to all persons offering to vote, not to those only of a certain color; and then blacks and whites would equally fall under its operation. The instant a State says that a man o a certain race shall not vote because he is ignorant, but that a man of another race who is just as ignorant may vote, the exclusion is on account of race merely, whether it is honestly avowed or cunningly covered up. I am not now discussing the propriety of admitting or excluding races, but I am showing that there will never be difficulty in seeing whether the exclusion is in fact made or not.
Mr. ROGERS. A little further. Who is to judge of the intent of the framers of the organic act in excludin negroes from voting on account of want ofintel igence, even thou by they say it is a mere pretext? Who is to judge in saying that it is a mere pretext?
Mr. CONKLING. The power called upon to decide the question; all questions arising upon the construction of laws go for decision to their appropriate forum. The question supposed won d do so, and the forum would be Coigress, and also, rhaps, the courts.
Mr. ROGERS. (Elie more question. suppose a State should by set of the Legislature pass a law saying that colored rsons should not vote without a property qualification, would not that be contrary to the spirit and intent and letter of this amendment?
Mr. conKLING. The proposition by its terms would mean that men not colored could vote without the qualification.
Mr. ROGERS. Has not a State the power to say what population shall vote, white or black?
Mr. CONKLING. I answer that under the pending amendment, if any State says that white men, because they are white men all not vote unless they come up to certain Qualifications, the distinction being against their race, white men would be exclude from the basis of Representation. It is as broad as it is long, and cannot be tortured into an misunderstanding.
Mr. SHELLABARGEI. Mr. Speaker, I have desired at some point to interru tthe gentleman and to ask him a question. I have been a little fearful that the last part of the amendment might be construed to give powers to the States regulating the matter of the elective franchise, which they did not even now possess, in the way of excluding an entire race from the right of the elective franchise. As our constitution now is, we have at least this restraint on the power of the States, to wit, that they cannot so limit that franchise that the State shall cease to be republican, cease to be bmed upon the voice of the people. Now Iwas fear fuland I do not mean totake u the gentlemans timethe introduction of this clause, giving inferential power to the States to exclude a race, attaching as the only consequence that that exclusion should prevent them from being represented, might be mischievous by reason of authorizing States at pleasure to disfinnchise whole races of men, and to concentrate the power in the few. This authorization of the isfranchisement of race being introduced into the constitution might beIhcld to modify the present sense of the clause relating to the States being republican, and might thus tend to lessen the power of the people. f worthy of it, I would like to hear the gentleman upon this matter.
Mr. HULBURD. I ask that by unanimous consent my colleagues time be extended.
Mr. STEVENS. I must object, inasmuchas the time of the Gentfrom NewJersey [Mr. Roosns] was not extended.
Mr. CONKLING. I donotaskit of the house, as the tim of the Gentfrom NewJersey was not e tended, although I desired to make some further so gestions.
Mr. STEVEL S. I rise now to move to post pone the further consideration of this question until tomorrow immediately afler the readin of the Journal, and that it be made the specia order for that time. I move also that the resolution be printed.
Mr. ROGERS. Iask that the minority report be printed also. LIL STEVENS. I have no objection to that. The motion to print was agreed to.
Mr. STEVENS. I will state, in favor of the motion to postpone until tomorrow, that early action upon the resolution is desirable for the reason that the Legislatures of 21 or 22 States are now in session, and among them that of California. The Californi legislature will barely have time to receive this amendment and adopt it if we pass the resolution now, and her Legislature, if I am rightl informed, meets only once in 2 ears. lit must, therefore, be acted on during the present session or not at all. It is the same in Ohio, I am informed.
Mr. STEVENS and in Iowa and several other States. That is my reason for urging the speedy passage of this amendment, that we may et it before the people in time for the Legislatures of 19 States to adopt it, and that is the number necessary. I now move the previous question on the motion to postpone.
Mr. GRIDER. I hope the gentleman will consent to postpone it for at least a day or 2 longer . We cannot get the amendment in print, so 513$ we can examine it, before tomorrow.
Mr. STEVENS. I am only asking now that we shall go on with the matter tomorrow, that is allthat we shall proceed at that time tomorrow. I insist on the previous question.
Skip Skip The previous question was 2nded, and the main question or cred; and under the operation thereof Mr. Stevenss motion was agreed to. It does not go as USE OF THE HALL.
Mr. COBB. I ask the unanimous consent of the House to offer the following resolution: Resolved, That the useof this Hall for this evening begranted to theSoldiers and Sailors Union League. now in sessnon in this city.
Mr. COBB. I move a suspension of the rules to enable me to offer the resolution.
Mr. STEVENS. I ask the gentleman to wait until tomorrow, and then he can call it up.
Mr. COBB. The League will have achourned tomorrow.
Skip Skip The question was taken; and 2/3rds voting in favor thereof, the rules were suspended. The resolution was then received and adopted. Mr. COBB mtRtv the resolution was adopted; on the table. Agreed to. FRENCH EXPOSITION.
Mr. BANKS, by unanimous consent, from the ComForAffrs, reported back a JtResolution to provide for the xpenses attending the exhibition of the products of the industry of the U.S. at the exposition at Paris in 1867 which was referred to the ComWhole on the state of the Union and ordered to be printed.
Mr. BANKS. I now ask that a day may be assigned for the consideration of the jtResolutionsay Thursday of this week. It is important that it should be disposed of immediately, because if we are to e any part in that exposition, notice of it must be given to the country at once. It will take but a verylshort time to dispose of it.
Mr. WASHBURNE, of Illinois. The gentleman can move to postpone till an day he pleases, but I object to any special order being made.
The SPEAKER. The Chair will state that there are several special orders in the House and in ComWhole on the state of the Union which would antedate this.
Mr. BANKS. I move to suspend the rules to make the JtResolution the special order for Thursday next, and from day today until disposed of.
Mr. WASHBURNE, of Illinois. How much does the JtResolution appropriate?
Mr. BANKS. 100,000 dollars; but the outside expenditure the Government will be called upon to make is $50,000, a reim bursement of $50,000 bein provided for, I think, in the resolution. 1 o ComForAffrs are unanimously of the opinion that so much Congress is bound to appropriate, inasmuch as it has accepted the invitation by the vote of both Houses.
Skip Skip The question was taken on the motion to suspend the rules, and there wereayes 69, noes 20; no quorum voting. Mr. BANKS called for tellers which were ordered, and Messrs. Bsxns, and Wasnnvass of Illinois, were a pointed. The House divi ed; and the tellers reported ayes 90, noes 19. So the rules were suspended, (2/3rds voting in the affirmative) and the motion to make the JtResolution the special order for Thurs day next was agreed to. WITHDRAWAL OF PAPERS.
Mr. PHELPS. I ask leave to withdraw from the files of the House, in order that the same may be presented in the Senate the papers of loyal citizens of Loudoun countyNirginia, praying for compensation for property destroyed by the military authority during the late rebellion. Leave was accordingly granted. PERSONAL EXPLANATIONS.
Mr. KELLEY. I beg leave to ask the attention of the House for asingle moment: My colleague and friendfrom the 1st district of our I will ask, then, for a suspended State, [Mix Mr.i.p.iii. ] in the course of his recent remarks did unintentional injustice to a gentleman who I know he estceiiis as highly as I o; and I wish togive that gentleman an opportunity to speak for himself, which will relieve nn from the injustice which I feel has been done him.
The SPEAKER. It will require unanimous consent for the gentleman to do so at this time.
Mr. KELLEY. I wish only to read a few lines froni the debatesiii the convention of Pennsylvania to show the position of my friend, Mr. Meredith. to whose opinions my colleague referred the other day. I wdl not detain the House many minutes.
Mr. ROSS. Very well; I withdraw my obection.
Mr. KELLEY. Speaking in the convention for amending the constitution of our State upon the question of suffrage, Mr. Meredith said: “He denied that the right of suffrage depended upon other than political considerations, lllllltplllll he admitted it was a IlLilllI“llltllfilltfllltllit –granted when it could lltllttlll(Ollslslillll)“llll Hitsafetyot the whole community. There were 100s of whites withstood precisely in the same poitiun as the blacks in reference to the right of suffrage, Notwithstanding the practice “lllLll had obtained in the State of Pennsylvania for the last half century, and although the Judicial decisions which had been made were against the negroes having the right to vote, yet he did not deswqm Ffe;i peiinaiitnt exclusion of them from a participation in the elective franchise madein the constitution now undergoing amendment. As he had already said. he did not wish the right granted to the mass of thein. but only those who possesed intelligecnce and property. lic did not think there would be any objection on the part of the white population. generally. to this. He certaiiily hadnever and any. On the other hand. hedisiredthatsome thing should be inserted in the constitution, either that theyshould not have the right of suffrage or that the should, upon complying With certain conditions an bein possessed f the necessary qualifications. lic thong t this might be done with inut interfering with the general principle that was advocated.” He believed in and advocated qualified colored suffrage; and I felt it was but right that he should be placed correctly before this House.
Mr. RAN DALL, of Pennsylvania. I desire also to make a personal explanation. No objection was made.
Mr. RANDALL, of Pennsylvania. In my remarks the other day Iquoted the language of Mr. Meredith. My colleague [Mr.iitir] now quotes language which perhaps would seem to imply a diflerent meaning from what I attributed to him. Now, 811, I ask the gentleman to referto the vote given upon inserting the word white" in the constitution, and inform the House whether Mr. Merediths name is found recorded in favor of that insertion or not. I judge a man by his acts, and not by his arguments.
Mr. KELLEY. I have not examined his vote upon that subject.
Mr. RANDALL, of Pennsylvania. on have not.
Mr. KELLEY. Mr. Meredith was in favor of qualitied negro suffrage. It
Mr. RANDALL, of lennsylvania. He voted in favor of inserting the wor “white” in the constitution of Pennsylvania.
Mr. KELLEY. I have not examined that point. As my colleague referred to his opinions on the subject, I desired to let the country know what they were.
Mr. RANDALL, of Pennsylvania. You do not examine the whole subject, and you cannot throw light upon it. I have no doubt my other colleague, [Mr. Srsvnxsfl who was a member of that convention, can giVe the information I desire to obtain.
Mr. STEVENS. I cannot speak upon that subject, for when the final vote was taken a on that question I was absent, being sick in bi) risburg.
Mr. RANDALL of Pennsylvania. I think the record, which I will reduce here tomor row, will show that Mr. iIeredith did vote in favor of inserting the word “white” in the constitution of the State of Pennsylvania. ltMr. STEVENS. It is very likely; a great many did so vote. I know SALE OF MARINE HOSPITALS, ETC.
Mr. “ASHBURNE, of Illinois, introduced a bill to authorize the sale of marine liowpitals and revenue cutters; which was read a 1st and 2nd time, and referred to the ComCommerce. STATUE OF THE LATE PRESIDENT LINCOLN. Mr. INGERSOLL, by unanimous consent, submitted the followmg resolution; which was read, considered, and agreed to: Resolver], That the JtCom on the Library be instructed to inquire and report to this House with regard to the ire rietgnnd costot procurin a mnrble statuc of tio late resident Lincoln, to placed in the Capitol. PENSIONS FOR MISSOURISTATE MILITIA.
Mr. BENJAMIN, by unanimous consent, submitted the following resolution 3 which was read, considered, and agreed to: Resolved. That the ComInvalidPens be directed to inquire into the expediencyof provid inir bylaw for extending the provisions oft o nsion laws to thosewho servedin the Missouritate militia volunteers and then, on motion of Mr. DAVIS, (at 4 oclock and ten minutes p. m.) the House adjourned.
@@@IN SENATE SENATE. Tucson, January 23, 1866. Prayer by the Chaplain, Rev. E. H. GRAY. The Journal of yesterday was read and approved.
Mr. CONNESS. I have received this morning by telegraph a preamble and resolutions, date at Sacramento, California, January 19, and received at Washington this morning, the 3d, addressed directly to the delegation in the Senate and HoRep from California, but with the renest that they be laid before both Houses of congress, relating to the survey, sale, and disposition of the mineral lands, and particularly protesting against a hill introduced by the honorable Senfrom Ohio H Mr. Susanna] for that purpose, setting forth t 10varied mischiefs and injuries that must necessarily result from the enactment of such a law as has been presented by that Senator to the interests and the vested and acquired rights of citizens of the State of California. I ask that the preamble and resolutions be read printed and referred to the ComMining.
The PRESIDENT protem are. It is moved that this document be prints the ComMines and Mining.
The PRESIDENT protempera. The Senfrom California moved that this communication be printed nndreferred to the ComMining. As an amendment to that motion, the Senfrom Ohio moves to strike out “the Committee on Mines and Minin, ” and to insert in lieu thereof “ the comPubLands, ” and the question is on the amendment to the motion.
Mr. SHERMAN. I certainly have no desire to withdraw the subject of mines and mining from the ComMining.
Mr. SHERMAN. No doubt they are well prepared to consider the subject; but the bill which I introduced relates not. only to the mineral lands but also to the farming lands of the U.S., which are supposed to he to the mines even in the mining countries, as ten to one, the great body of the land even in minin countries bein passed over there as wastelan or as farming and A very small proportion, probabl, would be classed as mineral land; but the whole must be surveyed and sold together; and therefore the bill properly oes to the comPublic Lau s. At tesuggestion of the honorable Senator I withdraw my amendm ent, and will allow the reference to be made to the ComPubLands, at his instance.
The PRESIDENT protempore Theemcudment is withdrawn. Does the Chair understand the motion to be that the document be referred to the ComPubLands, and printed?
Mr. CONNESS. Yes sir. The motion was agreed to. REPORTS OF COMMITTEES.
Mr. WILSON, from the ComMilAffrs , to whom was referred the bill(S.No.88) to restrict the expenses of collecting soldiers claims against the Government, reported it with amendments. PROPERTY AT POINT LOOKOUT.
Mr. WILSON. The ComMilAffrs , whwhom was referred the JtResolution (H.R.No. 40) directing the SecyWar to ost one the sale of public property at Point 00 out, Maryland, iavs directed me to report that it ought not to pass.” I should like to have it acted upon at this time, and I move the indefinite pestponement of the resolution.
Mr. CRESWELL. I have no objection to the present consideration of the resolution; but I should be glad to learn from the gentleman, as the representative of the committee, upon what grounds they have decided to recommend that the resolution be rejected.
Mr. WILSON. If it is to be debated, I think it had better go over. I will say, however, that the committee on consultation with the Dept which has the care of these matters, came to the conclusion that no action of congress ought to be had on the subject. It is understood that the persons incorporated to establish a soldiers asylum or home do not believe that to be a proper place, and it will not be accepted by them or used for that iiipose. The committee think this matter oug tto be left where the law now leaves it, in the War Dept to be dealt with by that Dept accoring to its convictions of what the interests of the country require. The committee have therefore reportcc against the passuge of the resolution; but if the Senfrom may ryland does not want it acted upon at this time I shall certainly not press it now.
Mr. CRESWELL. I prefer that it should go over.
The PRESIDENT protempore The resolution will be laid over.
Mr. WILSON. Thesame committee, to whom was referred the memorial of Mrs.delphine P. Baker, praying Congress to apiro note the Government buildings at Point 00 out as a national military and naval asylum, ask to be discharged from its further consideration. I suppose the question may as well be taken now. CRESWELL. As that is part of the same measure, I ask that it also go over.
The PRESIDENT protempore The Chair would suggest to the Senfrom Maryland that discharing the committee does not discharge the subject from the consideration of the Senate. If the Senfrom Massachusetts asks that the question be taken at this time, the Chair wil. but the question.
Mr. CRESWELL. I have no objection that the reguest of the Senator, so far as that is concerne, shall be granted. All that I desire is that the papers shall be retained for consideration by the Senate hereafter. The request of the committee was granted. BILLS INTRODUCED.
Mr. GRIMES asked, and by unanimous consent obtained, leave to introduce a bill (S.No.94) to amend the act entitled “An act for the relief of seamen and others borne on the books of vessels wrecked or lost in the naval service, ” approved July 4, 1864, and for other purposes; which was read twice by its title, and referred to the ComNavAffrs.
Mr. RAMSEY asked, and by unanimous consent obtained, leave to introduce a bill (S.No.95) providing for the appointment of a commission to purchase a site and erect a building for a postoffice, customhouse, and for holdin the courts of the U.S., in the city o StPaul; which was read twice by its title, referred to the ComPostOffices and ordered to be printed.
Mr. DIXON asked, and bv unanimous consent obtained, leave to introduce a bill (S.No.96) authorizing an increase of the clerical force in the postoffice Dept; which was read twice by its title referred to the ComPostOffces, and ordered to be printed.
Mr. HENDERSON asked, and by unanimous consent obtained leave to introduce a JtResolution (S.R. No. 23) submitting to the Legislatures of the several States a proposition to amend the constitution of the U.S.; which was read twice by its title, and referred to the point committee to inquire into the condition of the States which formed the socalled confederate States of America, and ordered to be printed. The amendment proposed is as follows:. No State. in prescribin the qualifications requisite for electors therein. shrill discriminate against any personon account of color or race. Aiisnniiesrs proBILLS.
Mr. SUMNER. I gave notice the other day that I would, when the bill (S.No.74} for the admission of the State of Colorado into the Union came up, move an amendment to it. As the Senfrom Nevada [Mr. Srewsar] gave notice that he would call the bill u tomorrow, I send the amendment to the Chair, and ask that it be printed. The amendment was received informally, and ordered to be printed.
Mr. DIXON. I ask leave to offer a section which is to be introduced as an amendment to the bill (S.No.71) relative to the sale of post age stamps and stain edenvelopes on credit, introduced by me a few days since. I move that it be reerred to the ComPostOffices, and be printed. The motion was agreed to. PAPERS WITHDRAWN and REFERRED. On motion of
Mr. NESMITH, it was Order That the 2 several getitions of Captain John Mu] an. late of the U.S. Army, on the files of the Senate. be referred to the Committee on On motion of
Mr. DOOLITTLE, it was Ordered, That the heirs of Dr. Sylvester Nash and Sarah Nash haveleaveto withdraw their petition and other papersfrom the files of the Senate. On motion of
Mr. FOOT, it was Ordered, That Jonathan Ball have leave to with draw his petition and other papersfrom the files of the Senate. BUREAU. The Senate resumed the consideration of the bill (S.No.60) to enlarge the powers of the Freedmens Bureau.
Mr. Mc OUGAL. Will the Senator allow me to make a single interrogation? The great Democratic party have been the maintainers of the Union from the time when trouble 1st came until triumph was accomplished; and it cannot be said with any justice by any gentleman on the floor of the Senate or other wrse that they have failed to maintain the integrity of the Union with their blood and with their strength and it cannot be accredited to an persons who call themselves antagonists to the Democratic party that the have been better maintainers of this Union, from the center all around to the circum ference. I make that remark as a challenge to the Senators observation, claiming what may not be properly claimed. Braver men never came from any country than from his, from the pine woods of Maine, but Democrats came from there as well as Republicans and the Democrats from the East and the West, going down upon the South, were equally armed with his political friends. I do not o aim any privilege or them, although I have been proud that Dem ocrats were in the advance.
Mr. FESSENDEN. That seems to be rather a speech than an exlanation.
Mr. MCDOUGAL. Not a speech, but I do not like the remark that you made and the challenge you threw down.
Mr. PESSENDEN. If the Senator, or any other Senator, does not like the remarks I make he is at liberty to reply, not to interrupt me for the sake of inte ecting his own opinions.
Mr. MCDOUCJALL. I shall not interrupt the Senator again.
Mr. FESSENDIEN. I suggest to my friend that his experience of the strength of that principle has probably taught him to have great confidence in it.
Mr. HENDRICKS. I concede to the Senfrom Maine that my observation is that public plunder is a ver powerful bond ofunion; lIint had not in the democratic party found it to possess the power that the Senator himself seems to think it possesses in his own party. We know there is a difference of opinion, we know that a very prominent and powerful senator of the majority denounced a messave of the POTUS in “ white washing ” in its character. We know that the Senfrom Ohio dissented in very bitter terms the other day from the policy of the President, and especially in reference to his pardonmg of rebels. We know, because we hear it in the Senate, that there are these differences. But perhaps the Senfrom Maine is right when he admenishes his friends that there is no danger, that the President is not going to fall ad from them. That is not a question that I choose further to debate; it is a question of a domestic sort belonging to the party in power.
Mr. HENDRICKS. I dare say it will be taken care of, as I suggested. I wish to say but a very few words now upon the bill. The Senator asked a Very torcible and pointed question: whether if the responsibility were upon the minority of this body, we would pass a bill like this. I believe he used the very strong expression, would we dare to do it. Mr. president, individually I would dare to do whatever my duty required; but there is one thing I would not dare to do. Whatever seemed to be the responsibility upon me or my party, I would not dare to violate the constitution in order to pass any law. I cannot dare to do that. That is not courage, it is crime. I did not think this bill was a1owed by the constitution of the U.S., and therefore Ioposed it, and in a very plain sort of arment attempted to give my views upon it. wish now to ask the senatorjust as direct a question. Suppose the negro population of the U.S. were so arated entirely from the white population, and e were required to form a constitution of government 1 866. 3e for them as a political community standing alone, would he dare to pass for them a law or constitution so vague an uncertain in its terms as this bill proposes?
Mr. FESSENDEN. It is not a supposable case.
Mr. HENDRICKS. Nota supposable case! I know that the Governor of Ohio, one of the most eloquent. writers of the Republican party, in the campaign in his letters to his constituents, said that he advocated the colonization to some States of the Union of the colored people, and their entire separation from the white people.
Mr. FESSENDEN. I have always looked upon that proposition as an absurdity upon its face. I will say to the Senator that I could never imagine howa sensible man could entertain it; but it seems sensible men do.
Mr. FESSENDEN. Let me ask the Senator a question. Has he not uniformly supported appropriations for the benefit of agricugture?
Mr. HENDRICKS. If the Senator refers to the grant of lands for the support of agricultural colleges
Mr. FESSENDEN. No; I refer to appropriations for the Agricultural Bureau; the purchase of seeds and all those things?
Mr. HENDRICKS. No doubt ofit. When I voted for the general appropriation bill I suppose I voted for that.
Mr. FESSENDEN. Where does the Senator find authority in the constitution to make these appropriations?
Mr. HENDICKS. I am not exactly find in authority for that now. Mr. FESSENDEN. I know that.
Mr. HENDRICKS. The Senator represents the ComFinance in this body, and when he reports a bill be had better find the authority himself. Ifl voted wrong upon a question of that sort it is no argument that I was wrongin voting appropriations of the public lands, and that is the question between the Senator and myself.
Mr. FESSENDEN. That is true; but I referred to a previous remark of the Senator, that there was no authority for this appropriation. I ask him where he finds authorit fort a other.
Mr. HENDRICKS. When that bill comes, up I propose, if the subject is of sufficient importance, to discuss it. I do not choose now or the purpose of illustrating the principle I am discussing, to o 08 upon another question.
Mr. HENDRICKS. The question which the Senator asked of me was whether I could vote to grant the public lands to enterprises in the West and at the same time refuse to vote money to support the indigent in the States. That is the question that he proounded. I have undertaken to show the difference.
Mr. FESSENDEN. The Senator is mistaken; I proounded no such question; I commented a litt e upon his course goodnaturedly, for the gurpose of illustrating my own idea, that so r as taking care of the public property is concerned, I do not know but that we are bound to take equal care of the lands as of the money.
Mr. HENDRICKS. Yes, sir, I agree with the Senator on that reposition.
Mr. FESSENDEN. That was the extent of it.
Mr. HENDRICKS. I agree that we must exercise a wise discretion in the execution of the power which the constitution confers upon us over the public lands.
Mr. FESSENDEN. The Senator will not understand me as quarrcling with his course.
Mr. HENDRICKS. I understand the senator to propose a question. Without entering into the argument upon thesubject my reply is simply this: the constitution of the U.S. provided that Congress should not prohibit the slave trade prior to the year 1808. It was doubted whether that was a mere prohibition, or whether it also involved the power after that time to prohibit it. The latter construction finally obtained and under that power after the year 1808 qngress enacted the law to which the Senator has referred. In the exercise of its power to prohibit the slave trade, savages were brought to our shores, and under the revisions of the law they were taken captive. “hey were not citizens; they were not provided for as citizens but Congress proyided for those who fell under the control and into the custody of the Government in the execution of the ewe prohibiting and preventing the slave trade.
Mr. HEXDRICKS. I will add, also, that they Were not citizens of the U.S., not made free here to remain among us, but to be, carried back under the provisions of the law to prevent that trade. those persons who are thrown upon us in vio
Mr. TRUMBULL. Then I suppose we could i provide for strnuers and not for our own. clieve the good 500k says that he is worsethan an infidel who will not do that. Now the senator tells us that under the constitution which gave Congress power to prohibitthe slave trade this act was passed, an if as aresnlt of the prohibition of the slave trade there were cast upon our shores these savages who were not citizens, they not being citizens we had a right to feed and clothe them in pursuance of an act of Congress passed in accordance with the constitution. Does the Senator not recognize the power in the constitution to put down this relicllion? Does he not recognize the fact that under the exercise of a constitutional power the rebellion has been crushed? Does he not recognize the fact that under [the authority of the constitution slavery has been abolished, and these people cast upon us? But he says the savages from Africa were not citizens. Well, I am glad to have the Senfrom Indiana admit that the negro is a citizen. Some persons with whom he has been politi cully associated have not been willing to admit that fact. But I cannot conceiveliow the constitution ives us the authority to feed and clothe and to mic care of human beings who are not citizens, for 5 years on the coast of Africa, who do not belong tons at all, and gives us no power to feed and clothe and provide for those who are among us. As a question of power, it seems to me that if we can do the one we can certainly do the other.
Mr. HENDRICKS. I wish to ask the senator before he takes his seat whether in his opinion Congress had the power to enact that aw, except for the power to prohibit and prevent the slave trade. Where does he find the power if not there i
Mr. TRUMBULL. I endeavored to show in some remarks which I submitted the other day where I thought the power was to be derived from, and I do not propose to or e that question over again. My object in rising today was to show to the Senator, who seemed in his argument to assume that here was the exercise of some newpower, that the Congress of the U.S. for 40 years had exercised the very power that is proposed to be exercised by this bill, to feed, clothe, and take care of in igent persons who were thrown upon us as a nation, and that in our capacity as a nation we had taken care of such persons. If we had the right to do it in regard to savages, not citizens, who were cast upon us, in pursuance of law, just as these people are now rightfully in our control, we have as good a right to provide forthem. I wanted to show there was a precedent for it; I do not propose now. to go over the argument again to show whence the authority is derived.
Mr. HENDRICKS. The Senator has misapprehended the question which I have asked him. He has referred to the enactment of congress 40 years ago. If the power is not found in the provision of the constitution to prohibit and prevent the slave trade, for the enactment of that law, where is the power found? He has referred to a law. I know he does not claim that this bureau may be organized under the power of the Government to prohibit the slave trade. He has not claimed that. Now, I ask him if it were not for the power to prohibit the slave trade, fmm what provision of the constitution did Congress derive the power to carry these people back where he speaks of and provide for them in Africa?
Mr. TRUMBULL. The Senfrom Indiana 1pro oses to me a question. If the Senator won (I a low me I won d merely repeat, however, what I said before. The Senator asked the same question before. The power under the constitution to feed and clothe persons in Africa, I suppose, grows out of the authority to suppress the slave trade and to take care oflution of that low to suppress the slave trade. But if there were no law to suppress the slave l trade and if savages by stress of weather. if Fejee Islanders or anybody olse. were cast upon i the shores of this country and some in the possession of the authorities of the nation, and must perish but for its protection and care, I insist that as one of the nations of the earth. as an independent Power, clothed with the attributes of sovereignty, it would be our duty, our duty by the law of nations as well as the obligations imposed upon us by humanity, to take care of them temporarily and provide forthem lest they should suffer and die for the want of care and protection. But, sir, I insist in this case that the persons we intend providing for under this Ireedmens Bureau are, in pursuance of law, in our control just as much and as completely as the"Africans whom it was sought to reduce to slavery in defiance of the law prohib iting the slave trade were in our control when they came 11 on our coast.
The PRESIDENT protemporeThe question now is on concurring in the Senate with the amendment made as in ComWhole to the 4th section of the bill. The Senators amendment will be in order after the amendments made in committee shall have been actedu on.
Mr. DAVIS. I wish to present my amendments. I have some amendments toportions of the bill that precede that section an I have an amendment embracing that section. I care not as to the order in which I am allowed to present them. All I want is to have that privilege.
The PRESIDENTprotemporc. The amendments of the Senator will be in order when this present amendment shall have been disposed of.
The PRESIDENT protempore The ending question is on concurrin in the amendment made as in ComWhole to the 4th section of the bill, which will be read.
The Secretary read the amendment, which was to strike out the 4th section of the bill, in the following words: Sec. 4. Abife:, That the President may. for settlementin the mannerprescribed by lection 4 of the act to which this is an amendment reservefrom saleor settlement, under the homestead or proclamation laws. public lands in Florida, Missis sippi, an Arkansas, not to exceed 3 million acres of good land in all, provided the rental namedin said section 4 be determined in such manner as the Commissionershall by regulation prescribe and to insert in lieu thereof: Sec. 4. Abife: That the President is hereby authorized to reservefrom sale or from settlement, under the homestead or preemption laws and to set apart for the use of freedmen and loyal refugees, unoccupied public landsin Florida, Mississippi, Alabama. Louisiana and Arkansas, not exceeding in all 3 million acres of woodland: and the commissioner, under the direction of the President shall cause the same from time to time to be allotted and assigned, in parcels not exceeding 40 acres each, to the joynl refugees and freedmen. who shall be protected in the useand enjoyment thereof for such term of time and at such annual rent as may be agreedon between the Commissioner and such refugees or freedmen. The rental shall be basedupon avnluation of the land, to be asaertained in such manner as the Commissioner may. under the direction of the President, by regulation prescribe. At the end of such term or sooner, if the Commissioner shall assent thereto the occupants of any parcels so assigned may purchase the land and receive a title thereto from the U.S. in fee, you paying therefor the value of the land ascertain “aforesaid.
Mr. DAVIS. I desire to inquire whether when the amendment to that section is disposed of, I shall be at libertyto offer amendments to the receding section.
The PRESIDENT protempore That will be in order, in the opinion of the Chair.
Mr. DAVIS. I csire to move an amendment to the section now before us. It is to amend the amendmentin the 5th line by striking out the words, “in Florida, Mississippi, Alabama, Louisiana, and Arkansas.” I wi I make but a single remark on this amendment. This whole measure seems to have had its origin in the benevolence and humanity of gentlemen to the freed negro. The bowels of their compassion so yearn toward them that the feel it incumbent upon themselves to in ace this eat measure of charit for the race that they have emancipated. how, sir, I propose to extend this measure of benevolence a little further than this section insamended in committee does. That amendment limits the homes that are to be provided for these fleedmen to the States of Flhrida, Mississippi, Alabama, Louisiana, and Arkansas. Now, it may be that a cat many of these freed negroes would rather avo homes in some other States.
Mr. TRUMBULL. If the Senatorfrorn Kentucky will allow me, I have no sort of Objection myself to those words being stricken out, and then the lands may be selected anywhere. They were inserted because it is known that in those States there are some public lands; but for myselfI have no right to speak for the committeeI have not the slightest objection to the Senators amendment.
Mr. DAVIS. If the gentlemens friends are willing to accept my amendment, I have not another word to say in support of it; but he says he has not authority to act for them. Sometimes he has, and sometimes he has not, and I do not know when he has, unless upon his own declaration; but I suppose some of his friends would demur to this amendment. But, Mr. President, if you are actuated now by the highest principles of philanthropy and justice
Mr. TRUMBULL. Let us try; I think the Senate will adopt the Senatorzs amendment.
Mr. DAVIS. But if we try and my amendment fails, I cannot say anything upon it.
Mr. TRUMBULL. If it is not adopted by acclamation, the Senator can call for the yeas&nays upon it, and he will then have an opportunity to argue it if he desires to do so; but my oplIlIOll is that the amendment will be concurre in.
Mr. DAVIS. I only wanted to say a word upon it; Iain not going to occupy the attention of the Senate more than a moment or 2 upon it.
Mr. TRUMBULL. If the Senator is goin to make a speech upon it, I shall be incline to vote against it.
Mr. DAVIS. I shall only occupy the attention of the Senate for a little while on this subject. I purpose to occupy it for a great while on some other matters, [laugliter] and especially do I intend to take u the Senfrom Illinois before I get througii. Now, sir, here are Indiana, Illinois, Ohio, Kansas and all the range of States in that degree of latitude, possessrng a salubrious climate and a very fertile soil, and it is very possible that a large number, probably halfo the freed negroes of the U.S., if they were allowed to select their homes in the localities that they preferred, would elect togo to that lineof states, and some of them, probably, a little north of that line. All that I propose to do is, that if on intend this as a local benevolence, one that is to immortalize your legislation for its expansive charity and justice, you shall not attempt to restrict it by limiting the recipients of this noble charity of yours to the southern States. Let them have a free choice in all this free and boundless land to go where their affections and desires or any other considerations may induce them to go. I have nothing more to say upon my proposition.
T le PRESIDENT protempore. The question is on the amendment to the amendment.
Mr. DAVIS. I ask for the yeas&nays upon it.” Oh, no!”]
Mr. TRUMBULL. Let us try it by acclamation 1st, and then if the amendment to the amendment is not adopted, the Senator can call for the ess&nays.
The PRESIDENT protempore. Does the Senfrom Kentucky demand the yeas and nails?
Mr. DAVIS. I will not demand them until I see whether the amendment is likely to be adopted or not. 1i
Mr. HOWARD. Let me assure the Senfrom Kentucky that the demand for the yeas&nays is entirely useless. His amendment will be carried by acclamation.
Mr. DAVIS. I am glad to hear the Senator say so.
Mr. HENDRICKS. I hope the amendment of the Senfrom Kentucky will not be car ried by acclamation. I regret very much that I cannot: 1 rec with him in it.
Mr. DAVIS. If the Senfrom Indiana will allow me to say one word, we are getting the gentlemen on the other side of the Chamber in a soft mood; we are getting them to main the channel of m amendments; and I want them toget so much momentum that they will be l ready to accept some other amendments by the time we reach them. [Laughter]
Mr. CLARK. But while we are getting into a soft mood, they do not seem to be in a very unanimous mood on the other side. [Laughter.]
Mr. HENDRICKS. Both in the committee room and in the Senate I was willin to agree to this section; I thought it right enoug; but I am not willing to withdraw from settlement, from homesteads and from preemption, lands in the latitude where white settlers are most likely to go. I do not think that there will be for some time to come a great demand for public lands in the southern States. There is so much land that has heretofore been cultivated in those States that is now in market, that there is not likely to be a great demand forlands for homesteads for white settlers; and therefore there will be no great injury resulting from a withdrawal of 3 million acres of the public lands in those States; but I should hate to see 3 million acres, or any portion of them, withdrawn from market in Iowa, Kansas, Nebraska, or Minnesota, States where white settlers are most crowding at this time. It seems to me Senators ought to reflect upon it before they give their unanimous support to such a proposition. it is a proposition to take this amount of land out o market, to exclude white settlers from it; and it is not necessary; it is not in the latitude which the negro seeks. There is lenty of land in Louisiana and in the States that are now mentioned in the bill to answer this demand for 3 million acres, and there will be public inconvenience resulting from withdrawing it in those States; but I think it very objectionable to with draw these lands from market in the States to which the white people are mostly emigrating.
Mr. SAULSBUR. If I understand the effect of the amendment proposed by the Senfrom Kentucky, it is to strike out the limitation confining this grant of land to certain southern States, and leaving the location of this land to the discretion of the Executive of the U.S. If the proposition contained in the bill is just and fair in itself, if homesteads are to be given to these negroes, and they are to be located at the public expense, then, in my opinion, they ought to have the privilege of locating among their particular friends, and in that view, if there was no other consideration governing me, I should vote for the amendment of the Senfrom Kentucky. But, sir, I cannot vote for the bill itself; I cannot vote to give them land anywhere, under any circumstances; and lest my vote for the amendment might be conceived as committing me to the principle of voting them homesteads anywhere I do not know that I can vote for the amendment. However, I am perfectly satisfied that it should be adopted by the votes of gentlemen on the other side. I make this remark simply to put myself Tettux in curia upon this bilL I can vote for nothing contained in it.
Mr. TRUMBULL: My object in assenting to the proposition of the Senfrom Kentucky was to hasten your action upon the bill, not seeing any particular objection to his amendment; but as it seems likely to divide the Democratic party, which is not very numerous upon that side of the Chamber just now, and create a division among them, I am rather inclined to withdraw my assent. [Laughter.] If the 3 senators could agree, and that alliance which the Senfrom Kentucky has just glorified, which has been formed between the old Whigs and old Democrats, could go along harmoniously, I would be inclined to yield and let his proposition be adopted; but I should be sorry to create divisions among our friends on the other side. [Laughter.]
The PRESIDENT protempore The question is on the amendment proposed by the Senfrom Kentucky to the amendment adopted as in ComWhole to the 4th section of the bill. The amendment to the amendment was rejected.
The PRESIDENT protempore The question now is on concurring in the amendment made as in ComWhole to the 4th section of the bill.
Mr. SAULSBURY. On that question Iask for the yeas&nays. The eas&nays were ordered.
Mr. JOHNSON. I have been from the 1st, when this bill was introduced by the honorable member from Illinois, very anxious to vote for it, or for some measure of the same kind. I think the U.S. are under an obligation to provide for these freedmen to a certain extent, and to the entire extent of their constitutional power. The vote. that I shall give, therefore, will be given reluctantly, and mi because I more than doubt whether any such werexists in the constitution; and that doubt is not only applicable to the section which is now before the Senate, but is more applicable, it seems to me, to the amendment which the committee have adopted, as I understand, asa substitute for the original 6th section of the bill. The amendment immediately before the Senate provides that not more than 3 million acres of the public land shall be set aside for the purpose of providing for the freedmen. The amendment in the 6th section is that the U.S shall go into these several States and bu land for that purpose.
Mr. JOHNSON. I am sure the honorable member did not suppose that I called in question the fact that he had received information of that sort; but the information at?last, ifI understand it, is, that so faras particular cases are concerned, there were 2 or 3 instances of horrible barbaritv, followed by murder.
Mr. CRESWELL. Not only that, but deliberate combinations formed for that purpose and avowed.
Mr. CRESWELL. My distinguished colleague will remember that when on the floor be ore, he made the declaration that refu ees and returned soldiers were as safe inMaryland as in Massachusetts.
Mr. CRESWELL. It was that remark that drew out my statement of facts. I do not suppose for a moment that my colleague intended to question my veracity, but only my means of information. I state upon my reputation as a gentleman and a Senator that I am satisfied the statements I have may e are correct, and that as well by reason of my knowledge of the district of the State in which they have occurred l as of the high reputation of the gentlemen who, have certified them to me over their own sig natures.
Mr. TRUMBULL. Before the question is taken, I wish to insert a word or 2 in the section, and I hope I shall have the unanimous conseat of the Senate to do it. The section now reads: At the end of such term or sooner. if the Commissioner shall assentthereto. the occupantsof any parcels so assigned may purchasethe land. kc. It has been suggested to me that ought to be extended, in case of death, to the heirs or as signs of the occupant, and I move to amend it accordingly.
Mr. PUMEROY. I hope that amendment will be made.
Mr. TRUMBULL. I hope it will be adopted before the vote is takenon concurring in the amendment made in committee. I resume there will be no objection to insertingt ie words I have suggested. The PltESlDENT protempore. That mod ification will be made, ifthere bgno objection. The Chair bears no objection. The question now is on concurrin in the amendment made as in ComWhole to the 4th section of the bill. The HIXCSllOH being taken by yeas&nays, resulte yeas 3G, nays 7; ABSENT 6. So the amendment, as amended, was concurred in.
The PRESIDENT protempore The question now is. will the Senate concurin the other amendments made as in ComWhole?
Mr. HENDRICKS. I ask for a separate vote on the amendment to the 6th section.
Mr. SUMNER. I wish a separate vote on the 5th section.
Mr. MCDOUGALL. I name also the 5th section for a separate vote.
The PRESIDENT protempura. A separate vote will be taken on each amendment if asked for.
Mr. DAVIS. What is the section that is now propos d to be voted on? It
Mr. TRUMBULL. The Senfrom Kentucky will allow me to suggest that the amendments proposed to the 5th and 6th sections have been excepted and it is proposed to take the vote on the other amen merits together. The other amendments are, I think, all of them merely verbal.
Mr. DAVIS. I ask my friend, whatwas done with the 4th section?
Mr. TRUMBULL. The 4th section has just been ado ited.
The presDENT protempore. That has just been voted, u on.
Mr. DAVIS. e pending question is on the 5th section, then.
The PRESIDENT protempore The Chair was anxious to have Senators name the sections that they wished excepted for a separate vote, and then proposed to take the vote on the remaining amendments made in committee where no separate vote was asked, if there are any other of the amendments on which a separate vote is renested.
Mr. DAVIS. Those sections, then, are suspended for the present.
Mr. TRUMBULL. The are suspended for the present. I think we sba 1 get alon quicker if the Clerk will just read the verba amendments and let us vote on each separately. It will take but a moment; there are but few of them. The 1st amendment is to add the words “in force” in the 5th line of the 1st section.
The PRESIDENT protempore The amendments will be taken up as they occur, if thatbe the judgment of the Senate. The 1st amendment Wlll be read. The 1st amendment was in section one, line 5, after the word “continue” to insert “in force.” The amendment was concurred in. The next amendment was in section one, line 6, to strike out the word “ for.” The amendment was concurred in: The next amendment was in section one, line 13, to strike out the word “same” where it occurs twice in that line. The amendment was concurred in. The next amendment was in line 15 o section one, to insert “ or.” 1 The amendment was concurred in. The next amendment was at the end of section 2 to add: In the exerciseof the duties imposedor authorized by this act and the notto which this is additional. The amendment was concurred in. The next amendment was to strike out the 5th section, and insert in hen thereof as follows: That the occupantsof land under Major GenlSherman s special field order. dated at Savannah, January 16. 865. are hereby confirmed in their possession for thot period of 3 years from the date of said order. an no person shall be disturbed in or ousted from said possession during said 3 year: unless a settlementshall have been made with said occupant by the owner satisfactory to the Comicsioner of the Freedmens Bureau.
Mr. DAVIS. I understand the question to be now whether the Senate will concur in the amendment offered by the committee to the 5th section.
The PRESIDENT protempore That is the question.
Mr. DAVIS. I move to strike out that section as amended, and I do it upon the principle that GenlSherman had no power to we the possession of any land to anybody to ast after the war. M position, is this, about which in my own mind at any rate I entertain no doubt, that he had no power to give the pessession of that land during the war or at any time for a day. But the principle upon which I base my motion now is that the end of the war termi nates all war power that if it was competent for him to transfer e possession of this land or any part of it to the rec negroes or anybody else, that power was vested in him as a war power, an the moment the war ceased that power ceased, his act under that war power in giving the possession of this land ceased, and the possession rightfully inured and returned to the owners. That is tb doctrine of every writer upon international (law. There is not an exception to the principle as I lay it down. I have got Philliine re here, who is full upon that point; and all the law writers upon international law are full upon that point, that when a military man does an not during war, under the war power, so soon as the war ceases the act and a lof its consequences cease; and where that act is the taking possession of property which belongs to 3rd persons, which is an international power, which is a power of war between independent nations, the moment peace is restored that property which has been taken from the possession of the rightful owner, by the laws of nations returns to that owner. upon that principle this Congress has no power whatever to confirm the negroes in the possession of that property which GenlSherman placed them in possession of one moment after the war ceased; and, the war having ceased, Congress has no power to continue the possession.
The PRESIDENT protemporeWill the Senator reeat his motion?.
Mr. DAVIS. It is to strike out that whole section.
The PRESIDENT protempore. The amendment reported from the committee is to strike out the whole of the 5th section and insert in lieu thereof what has been read at the desk.
Mr. DAVIS. My amendment is to strike out the amendment that was reported, the whole of the amendment as rertetfby the committee
The PRESIDENT proMore. That has 1866. 375 not yet been inserted by a vote of the Senate. The question now is on striking out and inserting. It has not yet been inserted.
Mr. DAVIS. I inquire now of the Chair whether, if the motion is made and adopted in that form, to strike out and insert, it will not preclude me from offering my amendment. I want to get an opportunity of offering my amendment. I
Mr. CLARK. The Senator will allow me one moment. The amendment is to strike out all after the enacting clause of the section and to insert something else, which is not a divisiiblequestion; but that amendment may bi car ried and declared in the affirmative, and then it will be in order for the Senator to move to strike out the whole section, enacting clause and all.
Mr. HARRIS. The Gentfrom California gives way to a motion to adjourn.
Mr. HARRIS. I move that the Senate ad the motion was agreed to; and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. Tucson, January 23, 1866. The House met at 12 oclock in. Prayer by the Chaplain, Rev. C. B. Borxros. The Journal of yesterday was read and approved. CENSUS UP THE U.S.
Mr. GRINNELL, by unanimous consent, submitted the following resolution; which was read, Resolved That the select ComReconstruction be instructed to in into the expediency of grovidmg by law for taking a census of the U.S. during the your18 and report by bill or otherwise. HORSE RAILROAD IN MICHIGAN.
Mr. TROWBRIDGE. I ask unanimous consent to introduce a JtResolution, which I desire to have passed now. The JtResolution was read for information, as follows: Reachmlbythe HoRep of the U.S. (thosenate concurring.) That the SecyWar he and he is hereby. authorized to rant to Gurdoi o. Williams. of the city of dotroit. int o state of michigan and his associates, the useofso muchof the mi. itaryrcserve on the StClair river. in theState of Michigan. known as the site of Fort Gratiot. as is necessaryfor extending a horse railroad from Port Huron city to the depot of the Port Huron and Detroit railroad. at such rental and uponsuch termsand conditions as to him may seem proper. reserving to the U.S. however, thei ght of removing the rails. tics, and other parts of said road whenever the SecyWar shall direct. without apelaim or right for damageson the part of the sari Williams and associates or their legal representatives.
Mr. THAYER. I think that this should go to a committee.
Mr. TROWBRIDGE. I I send to the Clerks desk a report on this subect, made to the SecyWar by Genera Delafield, chief Engineer of the U.S. Army. I will not request the reading of the report, but I ask that the indorsement of the SecyWar be read.
The Clerk read, as follows: The SecyWar perceives no objection to the privilege applied for, upon the terms suggested by the chief of ngineers so far as regards the interest of the U.S., but in unwiling to concede the privilege without exBress authoritx of Congress. E WIN M. SeSetretNaTryON. of War. January 19, 1666.
Mr. DRIGGS. I hope the Gentfrom Pennsylvania [Mr. Tuarna] Will not object to t is.
Mr. THAYER. I object to the principle of putting through matters of this kind without any examination by any committee of this House.
Mr. TROWBRIDGE. Very well; then let the resolution be referred. There being no objection to the introduction of the resolution, it was read a 1st and 2nd time, and referred to the ComMilAffrs. PRINTING PRESIDENTS SPECIAL MESSAGE, ETC.
Mr. BRANDEGEE, by unanimous consent, introduced the followmg resolution: “Renolned, that 100,000 copiesof senate Executive DocumentNo. 2. Thesnme beingthespecial mossa c of the POTUS communicate December19. 1865 and eoveringthereports of Lieutenant GenlGrant nndlilajor General Carl; Schurz. with the accompanvingdocuments, beprinted. immediately for the useof this House. 1
The SPEAKER. This resolution will bel, referred, under the law, to the Committee on i Printing. SECESSION STATE SUICIDECOLONIZATION.
Mr. HENDERSON, by unanimous consent, introduced the following preamble and resolutions: Whereas. the constitution and Government of the U.S. were ordained and establishedby the peopleof the U.S and not by Statesin their individual character, for the welfareandgenernl happiness of the wholo people; and whereas the doctrine that a State or Stateshavetheright iosccedo or with draw ffom the Government at pleasure is mostperni cious and strikes at the foundationotnll government and o ens wide the door for univtrsal anarchy and ruin: Iliciefore. Resolved. That no State or Statescan constitution allyor lawfully secedeor withdraw from the U.S. Government; neverthelesscither the one or the other caphby renouncing the constitution rind laws of the U.S and bywagingwar against. them or adlicringto their enemies in time of war. forfeit their organization, all their rights and privilogosas it State or States and their standing as such in the tlovemmcut. HFIOIUCJ, That while States. by rebellion against the General Government, forfeit their rights and existenceassuch. the U. S. losenone of their rightsornuthority ovortheinhnbitantsof such Statesf and the governmentover all such territory which has been forfeited by States rightfully and properly re verts to the U.S. Ifeuolrnl. That Congresshas “power to disposeof and make all ncedful rules and regulations respecting the territory and other property belonging to the U.S. Ifcnolverf. That all the territory embraced within the boundaries of what is generally known as the state ofIoxus ought to be. under such rules and regulations as Congress may prescribe. set apart to the gso and benefit of the colored people of the U.S. Resolved. That the welfare of both racesdemands that the colored people be separated from the whites at the earliestpracQcable (mod and that the colored population of the U.S. States beplaced upon suit nlile territory and protected as a dependencyof the U.S.
Mr. BRANDEGEE. I suppose that those resolutions go to the JtComReconstruction.
The SPEAKER. If there be no objection, the resolutions will be referred to the JtComReconstruction. There was no objection, and the resolutions were so referred. Subsequentlrv, Mr. ELDRIDGE mtRtv the resolutions were referred.
Mr. BRANDEGEE. Mr. Speaker, I ask whether the Gentfrom Wisconsin, Mr. Ei. nmnos] not being in the House an not having voted, can submit the motion to reconsider.
The SPEAKER. When a vote was not taken on the yeas&nays any member has the right to submit a motion to reconsider.
Mr. BRANDEGEE. I move, then, that the motion to reconsider be laid upon the table.
Mr. ELDRIDGE. I rise to a point of order. I did not surrender the floor att e time I made the motion to reconsider.
The SPEAKER. The gentleman did not proceedto make any remarks, and the Chair supposed he had accomplished his purpose when he made the motion to reconsider.
Mr. ELDRIDGE. I made as much noise as I could to attract the attention of the Chair.
The SPEAKER. When the motion was made to lay the motion to reconsider upon the table was not the gentleman in his seat?
Mr. ELDRIDGE. No, sir. I now demand the yeas&nays upon the motion to lay upon the table, and tellers upon the can! an iiays. Tellers were not ordered, an the yeas and na 5 were not ordered. The motion toreconsider was laid upon the table. SOLDIERS, and SAILOBS, LEAGUE.
Mr. STEVENS. I callfor the regular order of business.
Mr. SCHENCK. I ask the gentleman to yield to me a moment.
Mr. SCHENCK. I ask the unanimous consent to submit the following resolution: Rflmlum, That the use of the Ilnll of the HoRep be grantvd this eveningand tomorrow evening to the soldiers and sailors of the National Union League.
Mr. WASHBURNE. of Illinois. I do not object to this resolution, because my friendfrom Maine [Mr. Ries] has a resolution to offer prohibiting hereafter the granting of the use of this Hall for any purpose.
Mr. BANKS. I trust the gentleman will withdraw his objectiOn on this occasmn, for if anybody is entitled to it, it is the soldiers and I sailors.
Mr. RITTER. I do not withdraw my objection. BASIS OF REPRESENTATION.
The SPEAKER stated the regular order of business to be on the following JtResolution: Resolved 6the Senate and HoRep of the U.S.A. in (bngrmmaucmbled, 2/3rds of both Housesconcurrink.) That the following article he proposedto the Legislatures of the several States as an amendment to the constitution of the U.S.: which, when ratified by 3/4ths of thesaid Legislatures, shall be valid aspart of said constitution, namely: ARTICLE. Representatives and direct taxes shall be apportioned among the several States which may be included within this Union necordinirto their respective nuinbers. counting the whole number of personsin eachState. excluding Indians not taxed: promded. That wheneverthe elective franchise shall be denied or abridged in any State on account of race or color. all persons of such race or color shall be excluded from the basisof representation.
Mr. STEVENS. I move to insert the word “therein, ” so that it will read as follows: Provided, That whenever the elective franchise shall bedenied or abridged in any State on account of race or color. all persons therein of such race or color shall be excluded from the basis of representa on. I now demand the previous question.
Mr. JENCKES. ask the gentleman a question concerning the construction of the proposed amendment to the constitution. If it ears the construction I conceive it may, I shall be obliged to vote against it. Perhaps the gentleman can answer the question satisfactorily. The proviso is, that whenever the elective franchise shall be denied or abridged in any State on account of race or color, all persons therein of such race or color shall be excluded from the basis of representation. It. says nothing about the aualification of property. Suppose this amendment is adopted by 3/4ths of the States, and becomesa part of the fundamental law of the land, and after its adoption the State of SCarolina should reinstate the constitution of 1790, striking out the word “white” and reestablishing the property qualification of 50 acres of land, or town lots, or the payment of a tax, there would then be no discrimination of color in the State of SCarolina, yet the number of electors would not be enlarged 500, and the basis of representation would be exactly as it is, With the addition of 25ths of the enfranchised freedmen. A rercsentative to this House would be reelected y the same voting constituency as now. perhaps with the addition of 500 black men in the State. If it bears this construction, and I believe it does, I shall vote against it. Ifany of the States should establish property qualification based upon lands, then tosame oligarchy would be enthroned on the whole basis of representation, entitled to alarger number of Representatives than now in this House, and elected by a slightly enlarged number of qualified electors, giving power more firmly to hot very aristocracy we have sought to overthrow.
Mr. STEVENS. All I can say is that if the law applies impartially to all, then no matter whether it cuts out white or black.
Mr. FARNSWORTH. Suppose the State of SCarolina should provide by law that no negro should hold real estate.
Mr. STEVENS. Then the amendment operates. I demand the previous question.
Mr. BROOKS. Let me put a question. The proviso reads that whenever the elective franchise shall be denied or abridged in any State on account of race or color, all persons therein of suehu race or color shall be excluded from the basis of representation. There are in California and Oregon something like 100,000 coolies. They are increasing and going into the western States to build railroads. Are they included?
Mr. STEVENS. I understand that if they are excluded by the laws of California because they are Chinese, this amendment operates upon them because they are excluded on account of “race."
Mr. BROOKS. They will not be counted in the basis of representation?
Mr. STEVENS. Not at all; it was so intended; the word “ race" was inserted for that purpose.
Mr. BROOKS. One other question. Why exclude the Indian? Is he not a man and a brother? A Mann. The constitution now excludes him.
Mr. STEVENS. “Excluding Indians not taxed.”
Mr. BROOKS. We exclude them at this time, but are not Indians our brethren?
Mr. STEVENS. The constitution of the U.S. has always excluded them.
Mr. BROOKS. Why not, as we are amending the constitution, embrace the Indian as a man and a brother?.
Mr. STEVENS. Because they are a tribal race, have their own separate governments, and, as a general rule are not citizens, in moons. Not in Kansas, Dakota, Montana, Nebraska, and a number of other Territories.
Mr. BROOKS. No, they are not; they are excluded from voting. There are no Indians that vote in Dakota; Representatives and Del egates from that quarter know that very well. Why not embrace them all, as we are making a liberal constitution 2
Mr. STEVENS. We have not done it for fear the Gentfrom NewYork [Mr. Brooks] and others would make that. an objection. [Laughter] I call the previous question.
Mr. SLOAN. Will the gentleman yield for the purpose of offering an amendment?
Mr. SLOAN. Ihope, then that the previous question will not be sustained.
Mr. BROMWELL. Mr. Speaker, what will be the effect of this motion upon the resolution? Will it. exhaust itself?
The SPEAKER. It will exhaust itself on the passage of the JtResolution if the previous question is sustained.
Mr. BAKER. I trust that my distinguished and able friendfrom Pennsylvania [Mr. Stevens] will yield for a very few minutes.
Mr. STEVENS. That is so polite, sir, that I cannot resist it.
Mr. BAKER. Then I ask the Gentfrom Pennsylvania is question: whether it is entirely proper to put through by a vote of this House an amendment to the constitution of the U.S., refusing one word of debate or one moment to raise objections to it for the consideration of this House? For myself, sir, I protest a against this course.
Mr. STEVENS. Mr. Speaker, I have only suggested what I thought it my duty, if this amendment is to pass. I have only submitted the question to the House. If the House desires to delay this matter it can say so by refusing the previous question. I have no right to demand it; I only submit it to the House. If gentlemen are ready to vote and are willing to go on now and pass this amendment, very well; if not, I have nothing to say.
Mr. BAKER. Why not allow 5 or ten minute speeches? Take 2 hours, any way.
Mr. STEVENS. Mr. Speaker, it is not for me to say. I am submitting this question to the House. I think that we ought to pass it at once. I think everybody is just as well prepared now as he will be 2 or 3 hour silence.
Mr. FARNSWORTH. Allow me to make a question. Let us consider this in ComWhole, with debate limited to ten minutes, if you lease, or 5.
Mr. BROMWILL. That amounts to nothing at all.
Mr. FARNSWORTH. Let ten minutes be allowed to each to express his views. I hope the House will vote on the previous question to enforce that suggestion.
Mr. BROMWELL. I know a number of gentlemen who are not satisfied concerning this very resolution under consideration about the interpretatiOn of it.”
Mr. FARNSWORTH. If it is in order I will make that motion.
Mr. STEVENS. I would be glad to give gentlemen an oportunity to limit debate.
The SPEAKER. Does the Gentfrom Pennsylvania held to the Gentfrom Illinois to make the motion to allow debate for ten minutes?
Mr. VOORHEES. I suggest to my friendfrom Illinois to allow about 2 minutes. [Laughter]
Mr. STEVENS. Mr. Speaker I am so much astonished at the exhibition on this side of the House that I withdraw the demand for the previous question and leave this matter with the House.
Mr. BLAINE. Mr. Speaker, if there had not been such an evident indisposition on both sides. of the House to proceed to an immediate vote on this question, I should not have asked any time; although. as the original mover of the resolution, which up ears in anotherform. whieh form I do not like, i) might be supposed to have some little desire to say a word in regard to it. I wish, in the 1st instance, to correct a mere puestion of figures which I quoted yesterday from the table prepared under the auspices of the gentleman who is at the head of the ComWays&Means, [Mr. Monitii. i.] by which he showed that the suffrage basis of white males over 21 would give to the State of NewYork 36 members, and to the State of Pennsylvania 24. The Gentfrom NewYork [Mr. Coxxuxo] controverted this proposition and I now reas sert it. The gentlemans own table differs only a unit from mine. It gives 35 to NewYork and 24 to Pennsylvania, making a net gain to NewYork in the one case of 4 members. in the other of 5. Well, that is not a very vast change in either case. It is not “so deep as a well nor so wide as a church door. but it is enough” for Pennsylvania. lshould think, and I be c on the other side it would he enough for NewYork. It is a tremendous dislocation 3f the relative strength of those States upon this oor. But as the Gentfrom NewYork, in introducing his figures did not use them in support of the suffrage basis, of course I have no issue with him, because they supported nothing except nfroposition on which both he and I agree; an so far as his argument went in that way it went against the conclusion he was contending for, presentin anew the spectacle of the waterman in the ilgiims Progress, who got his living by vigorously rowing in one direction while steadil looking in the other.,
Mr. CONKLING. I desire to answer not so much the argument as the witticism of my friendfrom Maine.
Mr. BLAINE. Oh, no; no wit, either perpetrated or intended.
Mr. CONKLING. Well, Mr. Speaker, we considered it very witty over here; at then we are so far off.
Mr. BLAINE. Glad the gentleman thinks my with will can a long distance.
Mr. CONKLING. n answer to what we deemed over here the witticism of the gentleman, I wish to say that I had a particular purpose in introducing the figures and statement that I did, and that was not to argue upon orto refute the proposition that Iwas supporting. On the contrary, it was for this purpose: it is very common in the country to charge that nothing can he done here which in any way militates a inst the interests or the aggrandizement of NewEngland. It is said that NewEngland is the focus of fanaticism.
Mr. BLAINE. I thought the gentleman only rose for exlanation.
Mr. CONKLING. I am going to make a very brief exlanation. NewEngland is the place where the man said the sun riz and sot in his back ard, and it is alleged that such re rd is bfltTtO it here that we cannot do anything here that militates against NewEngland, and that various persons heremyself among the numberare opposed to the suffrage basis merely because it talies away some part of the was goin go up or power of fanatical NewEngland. Now I desire to relieve the proposition before the House of any imputation that it comes here or is supported in the interest of NewEngland and in preference to the other proposition, because the other proposition hits NewEngland. I deny that it hits NewEngland and I eny that this proposition benefits NewEngland; in other wor s, support this proposition on account of its own merits and not for local or electioneering ur oses.
Mr. BLAINE. I am very much obliged to the gentleman for the patronizing care with which he looks after the interests of fanatical New enland.
Mr. KELLEY. Will the gentlemen permit me to offer an amendment which I believe will remove much of the objection which is made?
Mr. BLAINE. I will yield for the purpose of having it read. l The proposed amendment was read, as follows: Provided, That this article shall not be construed to affectthe power of Congressto regulate the qualifications for cleclers of the most numerousbranch of the Legislatures of the several States.
The SPEAKER. The Chair would state that there is an amendment pending offered by the Gentfrom Pennsylvania, [Mr. Srnvsxsj Any amendmentto the amendment must be germane to it. The on] way in which the resolution could be amende now would be h offering a substitute embracing all its phrase o ogy and an additional language desired.
Mr. BINGHAM. Will the Gentfrom Maine [Mr. BLAINE] allow me to make a suggestion?
Mr. BINGHAM. I beg to notify the gentleman that this amendment of itself does not and cannot execute the purpose intended to be accomplished by it, unless Congress
Mr. BLAINE. If the gentleman is going to reply to my argument I will not yield the floor. If he wants meiely to make an explanation I will hear him.
Mr. BINGHAM. I apprehend that no possible amendment that can be suggested to the constitution of the U.S. on this subject will answer the purpose unless it is followed by further legislation.
Mr. BLAINE. That may be so. But the man who shoots atlhesun will come nearer to it than the man who does not draw a how. I say that the phraseology “civil or political rights and privileges” is more inclusue than the phrase clectivev franchise.” If you make it so that a State shall not count in her basis ofrepresentation any race to which “ civil or political rights and privileges” are deni d or abridged, t on the o jection of the Gentfrom Illinois [Mr. FARNSWOKTH] cannot stand, because the exclusion from holding real estate would be a denial of civil rights or privileges.
Mr. BROMWIELL. If the gentleman will permit me, I will say that the objection to this resolution is not that it is intended to provide for a representation based upon actual voters, but upon the population of the classes or races permuted to vote. If the gentleman will allow me I will submit an amendment which I think will obviate the difficulty.
Mr. KELLEY. I ask the Gentfrom Minnesota [Mr. Donnnmnr] to yield to me for a moment that I may submit a substitute.
Mr. DONNELLY. I yield to the gentleman for that purposc.
Mr. SIiON. I askthe Gentfrom minnesota to yield to me that may offer an amendment to the substitute which the Gentfrom Pennsylvania [Mr. KELLEY] is about to offer.
Mr. BROOKS. I rise to a question of order. My point of Order is this: can the floor he so farmed out in reference to the matter of amendments as to allow gentlemen of a certain class of opinions to preclude all amendments except such as they favor? Can any gentleman offer an amendment except the gentleman who has the floor? If we go on in this way, the bill may be so amended that it will not be possible hereafter for others of different opinions to prouse other amendments.
The SPEAKER. The Gentfrom Minnesota yields to the Gentfrom Pennsylvania; if the Gentfrom NewYork [Mr. Baooirs] objects to his yielding further, he has the right to do so.
Mr. KELLEY. I desire to say to the Gentfrom NewYork that there has becu no “farming” done in this connection, so far as I am concerned. My action has been sponta neous. I
Mr. BROOKS. I do not object to the offering of the amendment, if it will not preclude me or others on this side from offering amendments, if we have the good fortune to get the floor hereafter.
Mr. KELLEY. I olier the followmg amendment in the form of a substitute: Strike out all nfter the resolving clause and insert in lieu thereof the following: That the following article he proposed to the Legislntures of the several Statesas an amendmentto the constitution of the U.S.; which. when ratified by3/4ths of the saidLegislatures, shall be valid as part of said constitution, namely: Anricu:. Representatives and direct taxes shall be apportioned among the several States which may be included within this Unionaccordingto their respective numbers, counting the whole number of persons in each State. excluding Indians not taxed: provided, That whenever the elective franchise shall be denied or abridgedin any State on account of race or color. all persons of such race or color therein shall be excluded from the basis of representation: and provided further That this article shall not be construed to affect the power of Congress to regulate the qualification forclect isof the niost numerous branch of the Legislatures of the several States.
Mr. CONKLING. I wish to say to the Gentfrom Wisconsin, who has alluded to me, F that he does injustice to the argument I made i by omitting the whole substance ofit. rerc. sentation and direct taxes here go together. Now, then. all persons, as the constitution stands, are counted for both purposes free persons. The women and children constitute 4/5ths of the citizens of the U.S., and I ask whether he proposes so far to impoverish the basis oftaxation as to exclude 4/5thsof citizens for that purpose; or whether he proposes the injustice of subjecting women and children to taxation, at the same time denying them the right of representation? That is the point I made in answer to the gentlemans proposition; and I would like to know what his answer is for that argument.
Mr. SLOAN. If the Gentfrom NewYork had contented himself to wait until I reached that portion of the amendment which refers to taxation, I should have endeavored to make an answer to his suggestion which might have satisfied him; butz inasmuch as he has called my attention hereto the connection of the subjects of taxation and representation in the resolutions reported from the committee, I will say now that the fact that taxation and Representation are coupled together in that report, and that taxation is to be based in any manner upon population, furnishes to m mind one of the strongest objections to the option of the resolutions reported by the committee. Taxation and representation were joined together in the constitution, when it was formed, as a matter of compromise; the South desiring political power which would result from the countin of slaves in the basis of representation, while t iey were generally regarded as property, and the North reluctant to ield to this demand of the South, and only yie ding it as a matter of comromise in consideration of the South conceding that they should also enter into the basis of taxation to the same extent that they were counted in representation. I undertake to say that in making that compromise, justifiable perhaps at the time and under the circumstances, a principle of taxation entirely unfair, entirely unjust, was incorporated in the constitution. It was purely a compromise, the South conceding the right to tax 3/5ths of the slaves, and the forth conceding that 3/5ths of slaves should be represented, and it can only be defended on the ground that it was a compromise necessary, perhaps, to secure the adoption of the constitution y the requisite number of States. The principle of taxation thus incorporated in the constitution has always been an unjust one. There are some districts which have as sessable property to the amount of 5 times as much as other districts in the country.
Mr. ELDltlDGE. I desire to ask the gentleman a question.
Mr. ELDRIDGE. I think it will not interrupt the gentleman. It is in the line of the remark he is now making. I will submit the question, and he may answer it or not, as he sees fit.
Mr. CHANLER. Before recording with my remarks, I will yield the l oor for ten minutes to m colleague, [Mr. Bnooxs.]
Mr. BROOKS. Mr. Speaker, I do not sas, of course, to debate this resolution in the few minutes allowed me by my colleague, nor, in my judgment, does the resolution need any dis cussion unless it may be for the mere purpose of agitation. I do not suppose that there is an honorable gentleman upon the floor of this House who believes for a moment that any movement of this character is likel to become the fundamental law of the land, an these propositions are, therefore, introduced only fort a purpose of, agitation. If the honors is Gentfrom Pennsylvania [Mr. STEVENS] adbeen quite confident of adopting this amendment e would at the start have named what are States of this Union. The opinion of the honorable gentleman himself, that there are no States in this Union but those that are now represented upon this floor, I know full well, but he knows as well that the POTUS recognizes 36 States of this Union, and that it is necessary to obtain the consent of 3/4ths of those 36 States, which number it is not ssibleto obtain. He knows very well that if his amendment should be adopted by the Legislatures of States enough, in his jndgment, to carry it, before it could pass the tribunal of the executive chamber itwould be obliged to receive the assent of 27 States in order to become an amendment to the constitution. The whole resolution, therefore, is for the purpose of mere agitation. It is an appeal from this House to the outside constituencies that we know by the name of Buncombe. Here it was born, and here, after its atation in the States, it will die. Hence I askedthe Gentfrom Pennsylvania this morning to be consistent in his proposition. In one thing he is consistent, and that is in admitting the whole of the Asiatic immigration, which, by the connection of our steamers with China and Japan and the East Indies, is about to pour forth in mighty masses upon the Pacific coast to the overwhelming even of the white population there.
Mr. STEVENS. I wish to correct the gentleman. I said it excluded the Chinese.
Mr. BROOKS. How exclude them, when the Chinese are to be included in the basis of representation?
Mr. STEVENS. They are not included in the basis of representation.
Mr. BROOKS. Yes, if the States exclude them from the elective franchise; and the States of California and Oregon and Nevada are to be deprived of representation according to their population upon the floor of this House by the introduction of this amendment. I asked him also ifthe Indian was not aman and a brother, and I obtained no satisfactory answer from the honorable gentleman. I speak now, in order to make his resolution consistent for no 100,000 coolies or wild savages, but I raise my voice here in behalf of 15 million of our country women, the fairest, brightest portion of creation, and I ask why they are not permitted to be represented under this resolution?
Mr. conKLING. I thought they were persons.
Mr. BROOKS and so the are, but they are excluded from all voting. hy, in organizing a system of liberality and justice, not recognize in the case of free women as well as free no roes the right of representation?
Mr. STEVENS. If the gentleman will allow me to say that this bill does not exclude them. It does not so who shall vote.
Mr. BROOKS. I comprehend all that; but the whole object of this amendment is to obtain votes for the negroes. That is its lpurport, tendency, and meaning; and it punishes those who will not give a vote to the negro in the southern States of our Union. That is the object of the resolution, and the ground upon which it is presented to this House and to the country. This is a new era; this is an age of progress. Indians are only Indians, but negroes are men and brothers; and why not, in a resolution like this, include the fair sex too, and give them the right to representation? Will it be said that this sex does not claim a right to representation? Many members here have petitions from these 15 million women aor a large portion of them, for representation, and for the right to vote, an equal right with the siren or sex, who they say are now depriving them o it. To show that such is their wish and desire, I will send to the Clerks desk to be read certain documents, to which I ask the attention of the honorable Gentfrom Pennsylvania [Mr. STEVENS] for in one of them he will find e is somewhat interested.
The SPEAKER. The ten minutes of the Gentfrom NewYork [Mr. BROOKS] have exired.
Mr. BROOKS. I will only say that at the propertime I will move to amendor if I do not I would suggest to some gentleman on the other side to move it this proposed amendment by inserting the words or sex" after the word “color, ” so that it will read: Provided. That whenever the elective f franchise shall be denied or abridged in any State on account of race or color or sex, all persons of such race or color or – sex shall be excluded from the basis of representation.
Mr. STEVENS. Is the Gentfrom NewYork [Mr. BROOKS] in favorofthatamendment?
Mr. BROOKS. I am if negroes are permitted to vote.
Mr. STEVENS. That does not answer my question. Is the gentleman in favor of the amendment he has indicated?
Mr. BROOKS. I suggested that I would move it at: a convenient time.
Mr. STEVENS. Is the gentleman in favor of his own amendment?
Mr. BROOKS. I am in favor of my own color in preference to any other color, and I prefer the white women of my country to the negro. [Applause on the floor and in the gal leries promptly checked by the Speaker.]
The SPEAKER. The Chair saw a large number of persons in the galleries publicly applauding by clappin their hands. He must. in conformity with the vote of the members of this House by which he was placed in the Chair, endeavor to the full extent of his ability, hoping to be supported b the House, but whether supported or not, to have this body act like a deliberative assembly. Applause is as much out of order as manifestations of disapprobation. Hissing is not more out of order than the clapping of hands and if clapping of hands is indulged in by members upon the floor the Chair will find it at more difficult to rercss similar manifestations in the galleries. the Chair must again appeal to gentlemen on this floor to set a proper example and he will attempt to enforce order in the galleries, and persons sitting in the galleries must res met the decorum of debate.
Mr. ORTH; Will the gentleman yield to me for a moment?
Mr. CHANLER. I will yield for 5 minutes.
Mr. ORTH. I desire to offer an amendment.
The SPEAKER. The Gentfrom NewYork [Mr. Bnooxs] objects to the offering of an amendment to thisJtResolution.
Mr. ORTH. I understand the Gentfrom NewYork [Mr. Baooxs] withdraws his objection.
The SPEAKER. The amendment will be read, and then the Chair will ask for objections.
The SPEAKER. The 5 minutes of the Gentfrom Indiana [Mr. ORTH] have expired.
Mr. ORTH. I thank the Gentfrom NewYork for his courtesy and will conclude by offering my amendment, which is as follows: Strike out all after the word "that" in the substitute and insert in lieu thereof the following: The following be proposed to the Lezlslatiuol of which govern myjudgment on th I the several States as an amendment to the constitution of the U.S. which when ratified by 3/4ths of snch Legislatures, shall become a part of the said constitution, in place of the 3rd paragraph of the 2nd sectionof the 1st article, to wit: Representatives shall be apportioned aniong the several States which may be included Within this Union accordingto the number of male citizens over 21 years of age having the qualifications requisite for electorsof the most numerous branch of the State Legislature. The congress, at their 1st session after the ratification of this amendment by the required number of States shall provide by law for the actual enumerationof such voters: and such actual enumeration shall be separatel made in a general census of the population ofal the States within every subsequent term. of ten years. in such manner as the Congress may by law direct. The number of Representatives shnl not exceedone for every 125,000 of actual population. but each State shall have at least one Reproentative. I
The SPEAKER. Is there objection to the introduction of this amendment to the amendment?
Mr. LeBloND. I obeet to the Gentfrom NewYork leldlilf or that purpose.
Mr. LeBloND. With the permission of the Gentfrom NewYork, I will move to strike out the word “Legislatures” in the 4th line, and insert “conventionsto be called by the Legislatures;" and in line 6 to strike out the word “ Legislatures” and insert the word " conventions.”
Mr. FARNSWORTH. Will my colleague [Mr. BAKER] ield to me for a few moments?
Mr. HALE. Will the gentleman permitinp to ask him a question?
Mr. HALE. I desire to ask whether the Gentleuian admits that any State of this Union, at the time of the formation of the Federal constitution, enjoyed a RFG; and if so, how many, and which of the States?.
Mr. FARNSWORTH. Mr. Speaker, I have onlyto reiterate what I have already saidthat, in my opinion, that is not a RFG which denies to a portion of the citizens the right of participating in the Government.,
Mr. HALE. Then I ask the gentleman, did any of the 13 original States, at the time of the formation of the Federal constitution, onoy a RFG?
Mr. SMITH. I understand my friend to say that there would be enough of States not in rebellion to adopt the constitutional amendment. Does he considerthat 3/4ths of the States not in rebellion could pass an amendment to the constitution of the U.S., or does he consider it requisite to have 3/4ths of the entire number of the States?
Mr. FARNSWORTH. That raises a question which is a mere play on words, whether the States which were in rebellion are out of the Union.
Mr. FARNSWORTH. In my judgment, 3/4ths of the States which were not in the rebelliop are sufficient. I do not see how a State which has been in the rebellion can act on the constitution. I do not see how a State which has abolished its State government as a part of the U.S., and has been acting in open hostility to the GovernmentI do not see how such a State can have submitted to its Legislature approposition for ratification. I would like to know how the gentleman would have submitted the constitution alamendment 2 years ago to the rebel States for ratification or rejection.
Mr. SMITH. I will answer with pleasure. When the amendment to the constitution abolishing slavery was passed by this House it was understood by every memberu u this floor, without exception, that it would require 3/4ths of the States. It was a question whether the States of NewJersey, Kentucky, Tennessee, and Arkansas would not. pass that amendment and so secure 3/4ths of the U.S. Reference was made in the argument of this question that after the war had begun Tennessee was represented in Congress; that Virginia was represented during the whole war in the Senate, and WestVirginia was re presented in this House.
Mr. FARNSWORT. I decline to yield any further.
Mr. SMITH. You asked me a question, and I hope you will allow me to answer it. Louisiana was also represented. A gentleman in this city, now claiming to be a rere sentative in the Senate of the U.S. from Louisiana, was a member upon this floor while the war was going on and t irce 4ths of that State was in actual rebellion. I do not think the Union members have meant tosay that the States have been out of the Union. As I have answered my friend that I believe it does require 3/4ths of the States of the Union to ratify an amendment to the Constitution, I ask him whether we are to repudiate everything done by those peeple since the war has cease?
Mr. FARNSWORTH. Mr. Speaker, that has nothing tovdowith the question that I asked of the Gentfrom Kentucky. Now I ask him, would he have submitted the constitutional amendment that passed Congress twoyears ago, at that time, to the Legislature of SCarolina? IOf course he cannot answer it in the affirmative. It could not have been submitted to that Legislature.
Mr. SMITH. The gentleman did not ask me any such question. He uever said a word about SCarolina. The question was as to 3/4ths of the States. Louisiana, Arkansas, tennessee, and Virginia held Legislatures at that time which sent men to Congress. To those legislatures this amendment was presented, an they adopted it, and their vote in its favor was counted by the SecyState among the 27 States making up the 3/4ths by which it became recognized asa part of the law of the land.
Mr. BROMWELL. Will the Gentfrom Illinois allow me to ask him a question?
Mr. FARNSWORTH. Howlong will it take to ask it?
Mr. BROMWELL. It is this: if the entire number of States which were in the Union in 1860 is to be counted in the number necessary to vote; and if there were now pending an amendment to the constitution abolishing slavery, and itnhad received the votes of so many States that but one more would be necessary to carry it: does the gentleman believe that there is such a sufficient State government in Ala bama, or that its action could divest the right of Kentucky to her slaves over her solemn vote twice re)eated withinthelast 18 months?
Mr. Sp1TH. The Gentfrom Illinois will allow me to answer that question, which has been so curiously put. I answerthat, so far as Kentucky is concerned in refusing to pass the constitutional amendment, I very much regfet it; for everybody knows I voted for it With pleasure, in dangerous hours, and when a man of my political complexion stood very little chance of getting even into the allies of constablein my State. But I stood up, and I have asserted on this floor, and reassert it now, that it required 3/4ths of the States, including Alabama, which is on the list, to abolish slavery in Kentucky; and Alabama, with the other 26 States, having done it, it is apart of the fundamental law of the land, and Kentucky is bound to obey it. But, sir, without 3/4ths of the States no State was under obligation to receive it or recognize it as the law of the land. I say that all the States are in the Union, because we kept them in byforce of arms.
Mr. FARNSWORTH. I did not intend to discuss the question whether these States were in the Union or out of it. I do not understand that that has very much to do with the question before the House. I was betrayed into it by the Gentfrom Kentucky, [Mr. Sauna] I0not see, as I said before, if these States had been in rebellion for ten cars, and were still in the Union to be counted for the amendment of the constitution, that it would be possible for us to amend the constitution of the U.S. so long as they remained in rebellion and if these States have been in the Union all the time, why do not the Senators from those States who hold Over, and who by the terms of their election would be entitled to represent their States, now come and take their seats in the Senate?
Mr. SMITH. Because you will not let them. [Laughter]
Mr. FARNSWORTH. We passed no law saying that they shall not come m. Their credentials are already in the Senate. They took theirhats one day and walked out. They may come in and take off their hats and sit down today. Why not? If they have been in the Union all the time, why may not Robert Toornbs or Jeff. Davis or John C. Breckinridge, or any of those whose terms are unexpired, come in again? A Msuusa. They have been expelled.
Mr. FARNSWORTH. I think Breckinridge was the last Senator elected from Kentucky before the rebellion, and would hold over to the present time. Wh not come and take his seat?
Mr. SMITH. howIhope the gentleman will allow me to put in a word.
Mr. SMITH. One word on the Breckinridge question.
Mr. FAR LSaWugOhRtTer;I. Ionly occupythefloor by the courtes of my colleague.
Mr. SMITH. I happen to have been in the Legislature of Kcntucky when Mr. Breckin ridge was in the Senate of the U.S. I voted reuesting him to resign his seat, and in case he did not, to askthe Senate of the U.S. to exel him because of his treason. He was expelle because of his treason against the Government of the U.S., and I hope the time will never come when any American citizen who has the privilege of representing any portion of this peoplewill allow such aman as John C. Brcckinridge to take a seat in the Senate of the U.S. But it is not fair in argument to bring up such a case as that. Why does not the gentleman vote to allow Mr. Maynard and Mr. Stokes, menwho assisted in electing him to this House, to take their seats here and represent that State in this House?
Mr. FARNSWORTH. I hope the time will never come when the Congress of the U.S. will allow a State still in open rebellion and treason against the Government of the U.S. to take its place in the government of the nation and if we are not to allow them to take their seats here because of treason and rebellion, why does not the same argument reach back to the State itself which is in rebellion and treason? The gentleman asks to let Mr. Stokes and Mr. Maynard take their seats. Sir, for those gentlemen I entertain a high respect. I know they have continued faithful among the traitors, have been true to the Union when it was dangerous for men in their position to be so. But it is no question about men. The question for Congress to decide is, as to their power of sending their agent here, not the character of that agent. It is the character of the people. Is that people entitled to a Representative upon this oor? If it is in a position to be represented on this floor as a State of the Union, then we are not to scrutinize the agent they send here and degenerate into a committee to decide upon the mere character of the man who is sent to represent it. We go behind the agent. We go to the question as to the constituency. the question is, is it entitled to be represented? not, who is the agent they send there?
Mr. STROUSE. Will the gentleman yield to me for a moment?
Mr. FARNSWORTH. No, I must decline to yield.
Mr. BAKER. Inasmuch as I do not perceive that this side debate is exceedingly germane to the question before the House and inasmuch as I am beginning to apprehend that this performance may turn out to be the play of Hamlet with the part of Hamlet left out, though I desire to be exceedingly courteous to my colleague from Illinois, I beg him to bring his remarks to a conclusion. A Mnnssa and let Hamlet resume his play. [Laughter]
The SPEAKER. The gentleman has 33 minutes of his time remaining.
Mr. FARNSWORTH. I will occup but a very few moments more. To come bac to the question under immediate consideration, I would much prefer if we are to adopt any amendment to the constitution on the basis of representation. that we should putit upon the voting basis, or, if that cannot be adopted, then let us adopt a provision which shall put it out of the power of these States to circumvent it, and by any shift, or trick to get round it that by declaringif this 1866. 385 class of people of African descent are notal lowed the elective franchise in any State, no matter upon what pretext, whether it is because of lack of intelligence, or because of lack of property qualification, or any other; if they are debarred the right of exercising the elective franchise, then they shall not be counted in the basis of representation. In that way weshall get rid of the possibility of any State evading the effect of this constitutional provision by a shift or a trick. I do not say that I shall not vote for the amendment. I hope, however, that it may be amended in this particular, and then if that is the best that we can get, I willvote for it; but at the same time I will not accept it as a substitute for that greater justice which we ought to do.
Mr. LAWRENCE, of Ohio. I ask the gentleman to yield to me for a moment.
Mr. LAWRENCE, of Ohio. I move to recommit the resolution and pending amendm enta to the ComReconstruction, with instructions to report an amendment to the constitution which shall 1. Apportion direct taxes among the several States according either toproperty or numbers of o nlation, in the discretion of Congress, exc uing Indians not taxed. 2. That shall apportion representation among the States on the basis of adult male voters who are citizens of the U.S.
The SPEAKER. Is there any objection to allowing the gentleman to make the motion?
The SPEAKER. The Gentfrom Illinois [Mr. BAKER] being upon the floor, can make it, but the Gentfrom Ohio cannot.
Mr. LAWRENCE, of Ohio. I hope the gentleman will do it.
Mr. LeBloND. I wish to say that when the gentleman now upon the floor concludes his speech, ifI can get the floor I will move to refer the resolution and ending amendments to the ComWhole on the state of the Union. Then all these propositions can come in and general debate can be had on them, and the sense of the House can be ascertained as to what they desire.
Mr. INGERSOLL. I desire to move an amendment to the motion of the Gentfrom Ohio.
Mr. LAWRENCE] The SPE KER. It is not pending. If the Gentfrom Illinois [Mr. BAKER] should make it himself, it would be in order; but he cannot yield the floor to another gentleman to offer an amendment or make such a motion.
Mr. LAWRENCE, of Ohio. I hope the gentleman will offer it.
Mr. LAWRENCE, of Ohio. Then I give notice that at the propertime I will make the motion myself.
Mr. INGERSOLL. Will my colleague yield to me for a moment?
Mr. INGERSOLL. I believe much good has been done by this debate; and I believe it is the desire of the friends of this measure, or of the principles involved in this proposition, that some speedy action should be had upon it upon the ground that many of the State legislatnres are now in session, and would be cal edto act upon itbefore their adjournment in States where they have only biennial sessions. Now, sir, I moveand I believe that the object can be accomplished by an acquiescence in itby the House that this subject he committed to the ComWhole on the state of the Union under the 5 minutes rule, and be there discussed under the 5 minutes rule, and be continued as a special order until it is disposed of. Then, sir, every gentleman will have an opportunity to talk 5 minutes about this question, and to offer amendments or propose substitutes; and thgly can be voted upon in committee.
The SPEAKER. Is there objection to the proposition of the Gentfrom Illinois? Mr. HARDING, of Kentuck. I object.
Mr. RANDALL, of Pennsyvania. I an gest to the Gentfrom Illinois that it woufd e impossible for any gentleman to approach an argument upon a question of this sort in 5 minutes.
Mr. HARDING, of Kentucky. If a liberal time for discussion is allowed, I will not object. But I do object to being restricted to 5 minutes, after gentlemen on the other side of the House have exhausted the full time in their speeches.
Mr. INGERSOLL. If there be no objection, I will agree to make it ten minutes.
Mr. RANDALL, of Pennsylvania. Make it 15 minutes.
Mr. HARDING, of Kentucky. Say 30 minutes.
Mr. INGERSOLL. I cannotconsentto make it more than ten minutes.
Mr. LATHAM. I object to any limitation of debate on questions of this importance, at least to any limitation less than 30 minutes.
Mr. ASHLEY, of Ohio. Cannot a motion be made to go into ComWhole, and join with that motion a preposition to limit debate I
The SPEAKER. such a motion would be in order; but there have been already made by the House several special orders in ComWhole. The proposition of. the Gentfrom Illinois [Mr. INGERSOLL] can be acted on now only by unanimous consent.
Mr. INGE SOLL. Very well, I have an amendment, or some amendments to olier, which I think will meet the views of my 001 league [Mr. BAKER] by whose courtesy I am now occupying the floor. By his permission, I will indicate what those amendments are. I propose to strike out the words “direct taxes" from the resolution reported by the point committee; also strike out the words Indians not taxed excluding;” alsoinsert before the wor “countin ” the words “which shall be determined by, and then to add the following: and no State within this Union shall prescribeor establish any property qualifieation which may or shall in auyivisca ridgetihe electivefranchise. g If that meets the views of my colleague, I will ask him to offer it.
Mr. INGERSOLL. I am very sorry it does not. Will my colleague offer it as meeting my views, not his own?
Mr. BAKER. If it be in conformity with the rules of proceedings to otfer this amendment as meeting the views of my colleague [Mr. IN osasou] and not my own I Will o so.
The SPEAKER. The gentleman having the floor can submit the amendment on behalf of his colleague. But it must be an amendment in the nature of a substitute, striking out all after the enactingl clause and inserting the JtResolution with the modifications indicated.
Mr. BAKER. Then I offer this amendment at the requestof m colleague, [Mr. IxonasoLL] The amendmen was read, as follows: Strike out all after the enacting clauseand insert That the following article be proposed to the legislaturesof the severalStatesasanamendmenttothe constitution of the U.S., which when ratifiedby 3/4thspfsaid Legislatures shall bevalid as partof said constitution namely: Anl. representatjves shall bo npportioned among the several States which may be included Within this Union according to their respective numbers, which shall be determinedby counting the whole number of personsin eachState: Provided. That wheneijer the electivefranchise shall bedenied or abridged in any State on account of race or color, all personsof such race or color shall be excluded from the basis of Representation: and no State within this Union shall prescribe or esta lish any. property qualifications which mayor sh l in anywise ubrie the elective franchise.
Mr. INGERSOLL. Will the gentleman yield to me a moment, that I may ask a question for information?
Mr. INGERSOLL. If this amendmentshonld be ratified by 3/4ths of the States, is there anything in it which will prevent a State from requiring of a colored man a qualification which shall not be required of a white man? For instance, suppose that this amendment shall become a part of the constitution, may notthe Legislature of SCarolina declare that no colored man shall be allowed to exercise the elective franchise until he is 60 years of age, while the white man can vote on attaining the age of 21?
Mr. JENCKES. This amendment contains no restriction which will prevent a State from making a discrimination asto age or residence. It may discriminate in those respects, as it may do so in reference to a qualification of property or of taxation. This merely enjoins the Legislatures and conventions of the States from discriminating on account of race or color, and leaves open every other qualification, or anything which may be declared a qualification for the exercise of the right of suffrage on the part of the States. There is no equality, and there can be no equality in the proposed amendment. It seems to me, therefore, if we undertake to amend the fundamental law at all in this respect, we onght to agree a on what should be the qualification of voters or members of this House, embodying them in the proposed amendments to submit to the Legislatures of the States. Then there would be a definite proposition; and that I believe, if it emanated from this House, would have substantial equality and justice; would have the elements of quality and uniformity, and be enforced without difficulty in every State of the Union. Then there is another and more formidable objection indicated in part by the Gentfrom Illinois, [Mr. Bunk] his amendment, as it stands, merely prohibits the States from any discrimination on account of color or nice, and it leaves open to the States to discriminate in reference to property and to taxation. There are many States where the payment of a tax is required as a condition of voting. In former times all the States required a prorty qualification. It is only since the war at the constitution of SCarolina adopted in 1790 has been abrogated.
Mr. HILL. I ask the gentleman to yield to me.
Mr. HILL. Mr. Speaker, I desire to ask the gentleman a question. because I know he is a good lawyer, and I regard his o iinion as one that will be beneficial to the ease. l desire to know whether there is anything in 1866. 387 the proposed amendment which will prohibit the State of SCarolina, or any other State, from inserting in the law regulating suffrage a provision that no person shall vote who has ever hitherto been a slave, and thus do rive those who have been slaves, and who have been emanncipatd, from voting?
Mr. BRANDEGEE. Will the gentleman allow me to ask him a question? hether it would not be competent, in his judgment, for the State of SCarolina, if this amendment is adopted, to discriminate against and exclude from the polls all Union men who had given aid and comfort to the U.S.
Mr. JENCKES. The gentleman has just anticipated me. If the loyal States have the power (and they have exercised it) to exclude rebels certainly SCarolina after she has been thus reconstructed, restored, and strength ened in the Union, would have arightto exclude all those whohad not followed her fortune in the rebellion. It is not necessary to follow out this line of illustration any further. It must be apparent to all who hear me.
Mr. COOK. Can the gentleman say how many would be excluded under that rule?
Mr. JENCKES. Very few in SCarolina; in other States perhaps many. As to how it would operate in ennessee and Louisiana, perhaps the Gentfrom Massachusetts [Mr. Aims] can give us information. Many would be excluded there. If this amendment should be adopted it would be hailed with delight in every State lately in rebellion and if the Gentfrom Pennsylvania [Mr. Srnvsxs] will be satisfied with having the ratification of 19 States, the 1st 11 that would do it would be those which have just laid down their arms. This amendment would be hailed with a shout of joy in every rebellious Legislature. They would immediately set to work and reform their constitution s, excluding not only those of African descent from the polls, but also free men who had continued on the side of the Union during the war. This amendment would be read with sorrow and regret throughout the world by all that sympathized with republican institutions, and if car ried into practical effect it would be met with the loud indignation of our constituents, the scornful derision of our enemies, and the inextinguishable laughter of the friends of aristocracy and oligarchy among all the nations of the world.
Mr. TRIMBLE. I ask the gentleman to yield me the floor for a little whi e.
Mr. TRIMBLE. Mr. Speaker, I am exceedingly gratified at the disposition that has been manifested among the pay in opposition here, by reason of their own differences of opinion, to allow an opportunity to us to present our objections to the measure now under consideration. This subject of amendin the Constitution underwhich we havelived sodong, so happi ly, and so prosperously, is one of greatmoment; and while I have some confidence in the ability and capacity of some of the friends on the oposite side to make a constitution, yet I preer the constitution as made by our fathers 80 years ago and upon the question now before the House of amending that sacred instrument, I beg of the gentlemen to pause and reflect upon the consequences involved in this act upon the ople in every section of this great country. Why urge through with such recipitate haste a matter atfectin so greatly the people in this count nowand ereafter, from oeeantoocean, from ine to the Rio Grande? Sir, this amendment is to operate for weal or for woe upon a people who have been lately in rebellion against the constitution of the U.S.; who have no voice here today to plead for them, because their rights and privileges upon this floor are denied them. Would it not be well, would it not be in the spirit of bar mony and concession, asirit, too, that has to some extent characterize the action of parties before in power throughout this whole conflict, to wait before they pass this amendment until that people can be heard upon this floor?
Mr. LYNCH. Will the gentleman yield for a moment?
Mr. LYNCH. I want to ask the gentleman, why do not the men he is speakin for have the privilege of being on this floor? y are they not here now?
Mr. TRIMBLE. I will answer. They have the right, in my jnd ent, under the Constitution, to be here. any of them are now about this Capitol with the broad seal of their States now in the hands of a committee of this House, giving them authority and power to take seats on this floor, as much as you and I or anyone else; but they are kept out by the voice of this House.
Mr. LYNCH. The gentleman misapprehcnds my question. It is, by whose fault they are not here todav.
Mr. TRUMBLE. By whose fault? Why, it is because the doors of this House are closed against them be the party in power.
Mr. LYNCH. Does it not go further back than that?
Mr. TRUMBLE. I do not propose to go further back [Laughter.] I hope the gentleman is satisfice.
Mr. TRIMBLE. Why, sir, do you keep Mr. Maynard out? Why do you keep Colonel Stokes out? Why do you kee out my distinguished friend, Mr. Cooper, another gentlemen from Tennessee, whose loyalty no man in Tennessee has ever dared to question? I pause for areply from the gentleman. He propounded aquestion to me, and I answered it. I now ask iim, why do on keep these loyal men out?
Mr. TRIMBLE. The question is, why Mr. Maynard, Colonel Stokes, (Governor Campbell, Colonel Cooper, Colonel Hawkins, and thbso other gentlemen who have been engaged in the cause of the Union, fighting the battles of the Union throughout the war, are kept from their seats upon this floor as Representatives from Tennessee?
Mr. LYNCH. Does the gentleman know why poor dog Tray suffered? [Lau liter.]
Mr. THAYER. Will the gentleman allow me to ask him a question?
Mr. THAYER. In case the POTUS should sign this Jtresolu ion, and it should pass both Houses of Congress. will the gentleman then stand by the POTUS?
Mr. TRlMBLE. “Sufficient unto the day is the evil thereof.” When Mr. Johnson shall sign the JtResolution I shall be prepared to answer. But I do not believe he will do it.
Mr. THAYER. That is not the question I asked. Would he stand by the President in that case? If he does not answer my question, very well.
Mr. TRIMBLE. the estion. Wherever the President shall stmidhy the people and leave the question of the right of suffrage to the people of the States, I will stand by him. If he vetoes the measure, will the gentleman stand by him? I pause for a rely.
Mr. THAYER. I do not profess to be, as the gentlemans course would indicate to the House, the special champion of the President. Because the gentleman undertook to place himself in that position before the House, as the special champion of the President and as his shield against the party which has such a triumphant majority in this House, I asked him the question.
Mr. TRIMBLE. I renew my question: will you stand by the President?
Mr. THAYER. I will not stand by him on that question if he vetoes it. Certainly not.
Mr. TRIBIBLE. I have already disclaimed being the defender of President Johnson, or to speak for him. I am not upon such terms as would warrant me in forming opinions or speak in from them. I form and express my opinions solely from his public and official declarations. I trust this is satisfactory.
Mr. THAYER. Will the gentleman answer my question now as I answered his?
Mr. TRIMBLE. Well, sir, I am frank to say, if the President gives his approval to this measure. sir, I will not sustain him. [Laughter] But I will sustain him in all matters where I believe he is standing by the rights of the people under the constitution. Wherever he stands in favor of white men and white women, if you please, in opposition to negroes governing this country. I will stand by AndrewJohnson.
Mr. THAYER. I am glad the gentleman has answered the question, because his own answer and mine show, I think conclusively, that as regards the President we both stand in the I think I have answered same position toward him. [Laughter.]
Mr. TRIMBLE. Well, I stand by this position. I am frank to say that I oppose Mr. Johnsons election to the Vice Presidency, and supported another; but because I did that I have enough magnanimity and generosity in my heart, and I trust patriotism, that when President Johnson marches up. as I believe he will, in opposition to the behests of his own party, and stands by the people of the South, and the ledges he has may o to them and to the country, I will stand by him, or any other man. Sir, he can interpose his veto power, and prevent these invasions of the constitution and liberties of these people; and in doing so I will stand by him. I have no doubt that the gentlemen in the majority here have the power to put this amendment through. But, sir, when you have amended the constitution, and it is ratified by 3/4ths of the States, it can never be recalled. You may never have an opportunity to undo what is done in this moment triumph. Sir, the people of the South have shown themselves a fearless men brave people, to whthat it is human to err, divine to forgive.
Mr. LeBloND resumed the floor. USE or THE BALL or REPRESENTATIVES.
Mr. BANKS. I ask the consent of the gentleman to present a resolution relating to the use of this Hall.
The Clerk read the resolution, as follows: Resolved That the use of the Hall of the House this evening and tomorrow
Mr. RITTER. was laid on the table, and ordered to be printed. BASIS OF REPRESENTATION.
Mr. LeBloND. It is very evident that there are a great many gentlemen who wish to debate this proposition and in order to give an opportunity for amendment as well as discussmn, I move that the JtResolution and pending amendments be referred to the ComWhole, and that debate be restricted to 30 minutes, or I will say 20 minutes, asamatter of compromise on both sides.
The SPEAKER. The Gentfrom Ohio [Mr. LeBlond] has the floor. Is there objection to this motion?
The SPEAKER. Has the Gentfrom Ohio surrendered the floor?
Mr. LeBloND. I surrender it fora motion to adjourn. WRENCE, of Ohio. “fill the GenI move that the Gentlemen allow me to make the motion that I submitted at an early hour? I will then make a motion to adjourn. My motion is this: that the pending resolution and amendments be recommitted to the ComReconstruction, with instructions to report an amendment to the constitution which shall, 1st, apportion direct taxes among the States according to property in each; and which shall, 2nd, apportion representation among the States on the basis of adult male voters who may be citizens of the U.S.
The SPEAKER. The Chair understood the gentleman to surrender the floor to his colleague.
Mr. LeBloND. No, sir, only for amotion to adjourn.
Mr. LAWRENCE, of Ohio. I insist upon the motion I made to commit this to the ComWhole.
The SPEAKER. The Chair will state that if that motion is adopted it will go to the foot of the Calendar, and the Chair cannot tell when it will be reached.
Mr. WASHBURNE, of Illinois. I move that the House adjourn.
Mr. LeBloND. I prefer that the motion be at to recommit.
Mr. WASHBURNE, of Illinois. I move that the House now adjourn, with these 2 0610 all, till tomorrow mormag. JUDICIAL PROCEEDINGS IN KENTUCKY.
Mr. TRIMBLE. I ask the gentleman to yield one moment to allow me to make a privileged motion. I move to reconsider the resolution adopted by this House yesterday, offered by one of my colleagues, [Mr. McKee which think reflects upon the judicia of Kentuck. I do not believe the gentIEman intended to o so and therefore I desireto enter that motion.
The SPEAKER. The motion will be entered.
Mr. WASHBURNE, of Illinois. I now renew the motion to adjourn. The motion was agreed to; and thereupon (at four o’clock and thirty minutes) the House adjourned..
Mr. GRIMES. I move that the credentials of my colleague elect, Hon. SAMUEL J. KIRK wooii, be taken from the table and read. The credentials of Mr. KIRKWOOD, elected by the Legislature of Iowa a Senator for the unexpired terraof Mr. Harlan, ending March 3, 1867, were read.
Mr. GRIMES. My colleague is now present and prepared to take the oaths of office.
The PRESIDENT protem ore. The senator will come forwardland to e the oaths.
Mr. KIRKWOOD advanced to the desk, and the oaths prescribed by law having been administered to Itiirn he took his seat in the Senate. PAPERS WITHDRAWN and REFERRED. On motion of
Mr. GRIMES, it was Ordered, That the petition of Charles Murray, 3 paymasterin the U.S. Navy, on the files of gifionisrgnatbee, referred to the Commuter: on Laval
Mr. FOOT. Testerday an Order was made for the withdrawal of the petition and other papers in the case of Jonathan Ball, for the extension of his patent. I now move that the petition and accompanying papers be referred 1866. 391 to the ComPatents and the Patent office. The motion was agreed to. REPORTS OF COMMITTEES.
Mr. LANE, of Indians, from the Committee on pensions, to whom were referred the petitions of ennedy OBrien and John A. McTavish, reported adversely thereon; and the report was agreed to.
Mr. FOOT, from the ComPensions, to whom was referred the petition of Alton Nel son, praying for an increase of pension, submitte an adverse report thereon; which was agreed to.
Mr. MORRILL, from the ComDistCol, to whom was referred a memorial of the faculty and students of the medical Dept of Georgetown college, in the DistCol praying that the some facilities may be furnis edto the medical colleges in the DistCol for procuring bodies for dissection that are now furnished by the laws of the several States, submitted an adverse report thereon, the committee deeming an legislation on the subject to be inexpedient. e also, from the same committee, to whom was referred a bill (S.No.43) to prescribe the mode of settling the accounts of the clerk of the supreme court of the DistCol, reported it without amendment. e also, from the same committee, to whom was referred a bill (S.No.64) to incorporate the Great Falls Ice company of Washington, DistCol, reporte it without amendm ent.
Mr. TRUMBULL, from the ComJudiciarya, to whom was referred a bill (S.No.33) in relation to the Court of Claims, reported it without amendment. He also, from the same committee, to whom were referred resolutions of the convention of the State of NCarolina infavor of the repeal of the act of July 2, 1862, requiring the test oath thereinmentioned, reported the following resolution: Reaoloed. That it is inex edient at this time to repfiiacletheact of July 2 1 2, prescribing an oath of The resolution lies over for consideration.
Mr. GRIMES, from the ComNavAffrs, to whom was referred a bill (S.No.94) to amend the act entitled “An act for the relief of seamen and others borne on the books of vessels wrecked or lost in the naval service, ” approved July 4, 1861, and for other purposes, reported it With amendments. e also, from the same committee, to whom were referred petitions of the officers of the U.S. steamers Ke West, Tawah, and Elfin, and of the officers of the ironclad steamer Patapsco, praying remuneration for losses sustained by them in the destruction of those vessels, asked to be discharged from their further consideration; which was agreed to.
Mr. HARRIS, from the comPrivate Land Claims, to whom was referred the bill (S.No.36) quieting doubts in relation to the validit of certain locations of lands in the State of ll issouri, madeb virtue of certificates issued under the act of ougress of February 17, 1815, reported it without amendment. BILLS INTRODUCED.
Mr. WILSON asked, and by unanimous consent obtained leave to introtree a JtResolution S.R. No. 24) proposing an amendment to the constitution of the U.S.; which was read twice by its title, and ordered to be printed. The proposed amendment is as follows: Almeria. No paymentshall ever be madeh the eUmniatendeipSatatitoens oofr aannyySstlaatveefoorr or on account of the slaves or for or on account of any debt contractedor incurred in aid of rebellion againstthe national Government. SOUTHERN CONFISCATION.
Mr. DIXON submitted the following resolution; which was considered by unanimous consent, and agreed to: Resolved. That the ComJudiciary be instructed the inr uiro What legislation is necessaryfor o protection o loyal citizens of the U.S. whoseprdperty, real or personal, hasbeenconfiscated by the socalled confederategovernment and for the restoration of such property to the loyal owners thereof and that they report by bill or otherwise. ASSOCIATED PRESS REPORTS.
Mr. DAVIS. I ask leave to say a single word upon the subset that has been referred to by the honorable Senfrom California. I am sorry that he has deigned to notice any such matter. Ever since I have been a member of the Senate, the filthy vermin that crawl over the abolition sheets have been burrowing in the committeerooms of the Senate, and receiving pfy and subsistence from the Treasury of the U.S. Their principal business is to send out their libels upon Senators. They do very little work. A single industrious man might perform the labor of half a dozen of them in the committeerooms and as clerks of the committees. I do not pay any attention to these effusions. I do not read them. I have not time to exress my contempt and my indifference for the libelous writers and for their writings, and I am very sorry that the honorable Senfrom California deigned to pay them the least attention.
Mr. MCDOUGALL. I might claim the right to make the same question of privilege that my colleague has made, and I might have antedated the occasion for it. It seems, however, that the newspapers do not affirm of him anything that he has not done. The fact that they omit saying what he has done will leave him in a better condition than most of his compeers upon this floor. [Laughter.] I a long time since, then being a member of this body, earned through the newspapers, upon excellent authority, at an early period of this war, that I had gone in a steamer in Cairo down to Columbus, then in possession of the enemy and that I had there met a certain Benjamin. Cheatham, a general of the confederate army, and that I had gone with him ashore to Columbus, and had remained there some ten days,aud had exposed to him the whole policy of GenlGrant, then occupying a position at Cairo our advanced front town the Southwest. All this was very carefully stated on “very good authority ” in a leading press in a part of the country from which my colleague and myself come. twas simply saying something of me that did not happen. I had the honor to escort an elegant lad own there on the flagoftruce boat, and met in the middle of the stream the vessel from the other side on which she went South. This was the foundation for the story. If the newspapers do not say any thin about me that is not true, they may forget me forever. When ignorance is bliss, it is sometimes fool to be wise.
Mr. HOWE. As chairman of the ComLibrary, I have been directly referred to in this debate. I know a resolution was referred to that committee directing them to make some inquiry into the subjectmatter of this abuse and to provide a remedy if it were ossible. The committee have not yet sulficiently considered that subect. The committee have not, either, been wholly inattentive to the subjectmatter of the resolution. The 1st difficulty in the way of applying a correctivetor I think a corrective is entirely within the reach of the Senateis in ascertaining who is responsible, who makes these reports for the Associ nted Press. That fact has not been known to me hitherto. The Senfrom Ohio has just remarked that the same individual is also a clerk to his committee. If he is authorized to give his name to the ComLibrary, there is one fact ascertained. If he does not feel authorized to have that name
Mr. SHERMA. The matter is published in the Congressional Directory. The name of the reporter of the Associated Press I understand to be Mr. McCullough. It is nblished in the Congressional Directory; so suppose there is no secret about it.
Mr. HOWE. Then that fact is ascertained. I was not informed that the name of the reporter did appear in the Directory; I had not examined it for that purpose. I think, then. there will be no difficulty in devising a remedy. I agree also with the Senfrom Nevada and the Senfrom California entirely, that these reports are unlike the private dispatches which are sent to the individual papers. The press, representing both parties an all parties, nsso ciate together, as I understand, to get a rescript of what is actually done in these Houses from day today. The wautatruthful report; they do not exeet to obtaina full transcript of the debates ha here. I so pose it is optional with them whether they will take much or little of these debates; but what is done should be if reported at all, truthfully reported; and I suppose it is entircl within the power of the Senate to say that whoever undertakes to do it and does not do it faithfully and truly and honestly, shall not have a seat in the reporters gallery. This is all I wish to say at present on the subject. FREEDMENS BUREAU. The Senate resumed the consideration of the bill (S.No.60) to enlarge the powersof the Freedmens Bureau, the pending question being on concurring in the amendment made as in ComWhole, to strike out all of the 5th section of the bill after the enacting clause, in the following words: That the possessorytitles granted in pursuanceof Mnor GenlSherman s s cial field order. dated at Savannah, January 16. I are hereby confirmed and madevalid and in lieu thereof to insert: That the occupanwof land under Major GenlSherman s special field order, dated at savannah, January 16, 1865a, reherebyconfirmed in their posse;sionsfor the periodof 3 yearsfromthqdate of said order; and no person shall bedisturbed in or ousted from said possessionduring said 3 years, unless a soewtntleerm, seantitssfhaacltlobreytmo athdeeCwoitmhmsiasisdiooncecruapt athnet Freedmens Bureau.
The PRESIDENT o tempera. The question is on concurring in the amendment to the 5th section.
The PRESIDING OFFICER, (Mr. Cum: in the chair.) The question will 1st be on concurring in the amendment adopted as in ComWhole to the fit section of the bill. The Senfrom Kentucky moves to strike out that section. The parliamentary usage is to allow the section to be amended before a vote is taken on striking it out. The question now is on concurring in the amendment made as in ComWhole to the 5th section of the bill. The amendment was concurred in.
The PRESIDING OFFICER. The question now is on the motion of the Senfrom Kentucky to strike out the 5th section as amended.
Mr. DAVIS. On that question I ask for the yeas&nays. The yeas&nays were ordered; and being taken, resultedyeas 10, nays 32; ABSENT. 9 So the Senate refused to strike out the 5th section of the bill.
The Secretary rend the next amendment adopted as in ComWhole, which was to strike out the 6th section of the bill in the following words: SIG. 6 and be o! urthermncled, That the Commissioner, under the irection of the president is empowered hereby to purchaseor r entsuch treatsofland in the severaldistricts aforesaidasmay be necessary to provide for the indigent refugeesand freedmen dependent upon the Government for support; also to purchasesitesand buildings for schoolsandiisylnms, to be bold as U.S. property until the refugees er freedmenshall pure use the sainc, or they shall be otherwise disposedof by the Commissioner and to insert in lieu thereof:. SEC. 6 and be 1! urlterqueled, That the Commissioner shall undert edirectipn of the President, procure in the name of the U.S.“? grant or purchase, such lands within the districts orcsaid as may be required for refugees and freedmen dependent on the Government forsu port; and heshall pm vide or causeto be erected suitable buildiii sfor asylums and schools. Butnosnch purchaseshal bema o, nor contract for the same entered into. nor other expense incurred, until after appropriations shall have oen provided by Cop ress or the general purposes of this act, out o which paymentsfor said lands shall be made and the Commissioner shall cause such lands, from time to time, to be valued, allotted, ns signed, and sold in mannersad form provided in the proceedingsectiop, at a price not lessthan the cost thereofto the U.S.
The PRESIDING OFFICER. The question is on concurring in this amendment made as in ComWhole to the 6th section of the bill.
Mr. DAVIS. After that amendment shall have been concurred in, it will be in order, as I understand, to move to strike out the whole section.
The PRESIDING OFFICER. It will. The question now is on concurring in the amendment made as in ComWhole to the 6th section of the bill. The amendment was concurred in.
The PRESIDING OFFICER. the question is on the amendment of the Senfrom Kentucky to strike out the 6th section of the bill, as amended, upon which the yeas&nays have been ordered. The guestion being taken by sea&nays, resulte yeas 10, nays 32; ABSENT 8. So the amendment was rejected.
The PRESIDING OFFICER. the amend meuts made in committee have been concurred in. The bill several}? is still open to amendment.
Mr. SUMNER. If I can have the attention of the chairman of the committee for one moment, I propose to him to insert after the word “ refugees, in the 4th line of the 4th section. asamended, the words “ male and female, ” so that it shall be applicable to women as well as men. I do not doubt that in point of law as it stands now it will be so aplicable, but there are persons who have raised) a question with regard to that, and in order to satisfy them and relieve their anxiet, I propose that we shall introduce those we, so that there shall be no question about it.
Mr. TRUMBULL. If it will be satisfactory to any friend of the bill to have those words inserted, I see no objection to them, but I certainly see no necessity for them.” Freedmen" and “refugees” are general terms, embracing all of them.
Mr. SAULSBURY. I believe that in a very ancient law book, perhaps the most ancient one known to good lawyers, it is said that “God created man in his own image; in the image of God created He him; male and female created He them.”
The PRESIDING OFFICER. The question is on the amendment proposed by the Senfrom Massachusetts. The amendment was agreed to.
Mr. DAVIS. I move to amend the bill in section one line 7, by inserting after the words “U. S.” the words “in which the laws cannot be administered in the civil courts;” so that it will read: That the not to establish a Bureau for the Relief of Freedmen and Refugees, approvedMarch 3. 1865, shall continue in force until otherwise provided by law and shull extendto refugces and freedmenin l parts of the U.S. in which the laws cannot e administeredin the civil courts, and the president may divide the section of country, die. I ask for the yeas&nays upon this amendm ent. The yeas&nays were ordered.
Mr. DAVIS. I will explain this amendment in a single word. The honorable Senfrom Michigan, who is not only the putative, but I believe the real father of this measure, in connection probably with a little counsel from the office of the AttyGen, saida few days ago that the object of the creation of the tribunals under this measure, and of the exercise of their Jurisdiction, was to operate in States when the law could not be executed in the civil courts. My simple proposition of amendment is this: that this measure shall not apply to any State where the civil law can be executed in the civil courts and that is the whole of it.
Mr. HOWARD. If the honorable Senfrom Kentucky alluded to me in his reference to the paternity of this bill be is entirely mistaken. I have had no connection with the bill at all, directly or indirectly.
Skip Skip The question being taken by yeas&nays, resulte yeas 10. 1lays36; ABSENT 4 So the amendment was rejected.
Mr. MCDOUGALL. I move to amend the bill by striking out all after the enacting clause and inserting the following as a substitute: That the President be empoweredand directed to executethe constitution, and laws enactedundertho same, for the protection and benefit of freedmenand refugees, and that he inn use such of the militn force of the country fort is purpose as he may flu necessarY. "
Mr. DAVIS. I do not think that amendment is in orderat the present time. It will be in order, if I undestand the rules of the Sens ate, when all the amendments to the original bill are disposed of. The bill is to be perfected, to use a hockneyed parliamentary term, before a proposition to substitute another measurein lieu of it is in order.
The PRESIDING OFFICER. Th6 amendment is in order at the present time; but before the question is taken on striking out, it will be in order for the Senfrom Kentucky, or any other Senator, to amend the part proposed to be stricken out.
Mr. TRUMBULL. Before the substitute is voted upon, there are one or 2 verbal amendments that ought to be made in the bill. In I the 2nd section of the bill, line 2, I move tostrike out the word “shall” and insert “may, ” so as to read: The President may divide eachdistrict into a number of sub districts. o. The amendment was agreed to.
Mr. TRUMBULL. In line 4 of the same section I move to strike out the words “each State, ” and insert in lieu thereof “such district, ” so as to read: Not to such disteri extc. eed the numberof countiesor parishesin The amendment was agreed to.
Mr. DAVIS. I rise to a point of order. I believe it is the order to read the bill section by section. I have some amendments to to ose to a preceding section, and I want to ofler em as the sections are read.
Mr. TRUMBULL. I believe I am entitled to the floor.
The PRESIDING OFFICER, (Mr. CLARK.) The Senfrom Kentucky rises to a question of order.
Mr. DAVIS. I want to know my rights. I have no objection to the gentlemans course if I an; allowed to offer my amendments after warr.
The PRESIDING OFFICER. The Senator wfll state his point of order.
Mr. DAVIS. want to offer an amendment to the 2nd section; and my point of order is that it is not in order to preceed to a subsequent section until the 2nd section and all the amendments relatin to it are disposed of.
The PRESIDIN OFFICER. The Chair will state to the Senfrom Kentucky and to the Senate that there is no such rule of order of the Senate.
The PRESIDING OFFICER. It will be in order for the Senator to move his amendment after the Senfrom Illinois shall have of fered his amendments.
Mr. DAVIS. I make this inquiry, though, of the Chair: will it be in order for me, after the propositions of the Senfrom Illinois are disposed of, to move an amendment to the sec on section?
The PRESIDING OFFICER. To any part of the bill the Senator chooses.
Mr. TRUMBULL. My object is not to interfere at all with the Senators amendments. He certainl must know as well asauy of us that it is in over for him to offer any amendment that he thinks proper to offer to any portion of the bill. I more y desired to correct one or 2 verbal inaccuracies that, on account of amendments to the bill, it has become necessar to correct. In the 13th and 14thlines of the 6th section, I move to strike out the words “preceding section, ” and insert “4th section of this act.” The preceding section as the bill is now amended is not the one intended to be referred to. The amendment was agreed to.
Mr. DAVIS. I suppose I shall now have a chance.
Mr. MCDOUGALL. I think the yeas&nays have been ordered on the amendment Willlch I offered, and I ask that the question he ta en.
The PRESIDING OFFICER. The yeas and navs have been ordered upon it.
Mr. MCDOUGALL and nothing else is in order in the way of business. As a matter of courtesy to the chairman of the committee who reported the bill, Iyielded to allow him to make his verbal amendments; but the question now is on the substitute I offered.
The PRESIDING OFFICER. The Chair will inform the Senfrom California that it is in order for an Senator to move to amend the bill before ting the question on striking it all out and inserting a substitute. The Senfrom Kentucky is in order.
Mr. MCDOUGA L. A substitute having been offered and the yeas&nays ordered on the substitute, until that question has been disposed of an amendment is not in order, according to what I understand to be parliamenta law. I may be ignorant on the subject, but think I am right. otherwise there must be some very bad logic in our rules of order.
The PRESIDING OFFICER. The Chair will state to the Senfrom California that it is 1st in order to move to amend the part proposed to be stricken out, then to amend the part proposed to be inserted, and then to take the question on the amendment by way of substitution altogether.
Mr. DAVIS. I unfortunately a short time since referred to the Senfrom Michigan. I intended to refer to the Senfrom line is. It was a mere inadvertence. I did not hear the disclaimer of my friendfrom Michigan at the time, or I would have made the correction then. I now offer the following amendment
Mr. MCDOUGALL. Allow me to inquire whether that is an amendment to my substitute.
The PRESIDING OFFICER. The Chair will answer the Senfrom California when the amendment shall have been reported from the desk so that he may know what it is. The Secretary rea the amendment proposed by Mr. DAVIS, which was in section two. line 15, after the word “class” to strike out these words: and the POTUS, through the War Dept Bdid the Commissioner, shall extend military jurisdiction and protection over all employee. nts, and others of this bureau in the exerciseof the duties imposed or authorised by this act and the act to which this is additional.
Mr. MCDOUGALL. I rise to a question of order. I think we should conform to some rules that can be understood.
The PRESIDING OFFICER. The Senator will state his point of order without debate.
Mr. MCDO GALL. I resume I may explain it. That is allowed a ways. The motion ending, upon which the yeas&nays have Len ordered, is a substitute for the entire bill. You can amend amamendment; but this is not an amendment to the proposition which I introduced, and which has been already ordered to a vote of the Senate, but it is an amendment to the original bill. I insist, with all due respect to the President of the Senate, that before tesubjectmatter of my amendment or my substitute is disposed of no vote can be taken except in relation to it. I believe that was the law as long ago as Mr. Jefferson wrote his Manual. I have a right to a vote on my amendm ent.
The PRESIDINGOFFICER. the chairhas no hesitation in overruling the point of order. The question is on the amendment offered by the Senfrom Kentucky.
Mr. DAVIS. Mr. President, the words that I now move to strike out show the claws of the beast. They refer to the interposition of the military power to suppress the action of the courts in the States. f the honorable Senfrom Illinois will withdraw his interposition of the military power to carry into execution this most unjust and iniquitous measure in the States, I care not for it. But, sir, here is involted the military power of the U.S. Government to suppress and subvert the judicial power of all the States in interfering between the white man and the freedman. I therefore move this amendment. The amendment was rejected.
Mr. DAVIS. I ask that the next section be read.
Mr. MCDOUGALL. I ask still if my motion is not in order.
The PRESIDING OFFICER. The Chair has once decided the point of order. The senator can a peal from the decision of the Chair.
Mr. Me OUGALL. I will not up eal from the decision of the Chair, because I onot like to do futile things.
Mr. DAVIS. What is the next section in order?
The PRESIDING OFFICER. Any part of the bill to which the Senatorproposes anamendment. The amendment the Senator last proposed was to the 2nd section.
Mr. DAVIS. I move to strike out the 5th section of the bill.
The PRESIDING OFFICER. The Chair will suggest to the Senfrom Kentucky that that question has already been taken by yeas and no s.
Mr. DAVIS. Very well, sir; I move, then, an amendment to the 7th section by inserting the words “ and cannot be enforced” after the word “rebellion” in the 3rd line, so as to make the section read: That whenever in any State or district in which the ordinary courseof judicial proceedingshas been interrupted by the rebellion. an cannot be enforced, and wherein, The amendment was rejected.
Mr. DAVIS. I now move to amend the 8th section by inserting after the word “ rebellion" in the fi h line the words “and cannot be enforced.” This is the same amendment which has just been voted down, only applying to a different section; that is all. The amendment was rejected.
Mr. DAVIS. I offer another amendment to come in at the end of the 8th section: mPisrspiocindoerds., aTgheanttst. he Commissioner. mistant oom or another officer, acting iind or this act or the law to which it is amendatory shall not. exerciseany judicial powerswhatever. Upon this amendment I ask for the yeas and an s. The yeas&nays were ordered; and the call of the roll was commenced. 1866. 399
Mr. DAVIS. If the Senate will indulge me, I propose to withdraw the call for the yeas&nays, and ask for them on another proposttion which is similar to this amendment. By unan imous consent, I desire to have leave to with draw the call for the yeas&nays on this amendment.
Mr. TRUMBULL. I hope unanimous consent will be given.
The PRESIDENT protempore It can only be done by unanimous consent. Is there any objection? Mr. MCDOUGALL. There is. The call of the roll was concluded, and the result announcedyeas 8, nays 34; ABSENT 2889!] So the amendment was rejected.
Mr. DAVIS. I now offer this amendment, to come in as a proviso at the end of the 8th section: Prpmded, That the Commissioner. asst commissioners, agents, or any other officorsactin under this act, or the law towhich it is amendatory shall not exerciseanyjudioial powerswhatever in any State in which the laws can be enforcedby the civil courts. I will say but a word in exlanation of this amendment. The President the provisions of this bill is authorized to asSign military olficers to the discharge of duties under it. The bill then contemplates that judicial power in the Government of the U.S., which can be exercised according to the command of the constitution only by courts, shall be ever cised by such military officers as the President may assign to the performanee of those duties. This amendment is simply that those duties shall not be performed by the Commissioner of the bureau, or by the asst commissioners, or by any of the agents be they civilians or military officers, in any State where the courts are open and where the laws may be enforced and executed in the civil courts of the country. That is the whole proposition.
Mr. DAVIS. Mr. President, I appeal to the recollection of the Senate, if the honorable senator did not assert in the set speech which he made in support of this measure a few days ago, that its purpOse was to include the States of Delaware and Kentucky. He now says that this bill is not to aply to an State in which the courts are open fgr the enrollment of civil law.
Mr. TRUMBULL. I am sure that the Senfrom Kentucky would not mean to misunderstand me.
Mr. TRUMBULL. His sense offairness, however we may disagree, is such that I do not think he would intentionally misstate my position.
Mr. TRUMBULL. I never said, and never intended to say, that this bill did not appl any where but to the insurgent States. Now I hope I am understood. The bill does apply to other States; but that portion of the bilFwhich confers judicial power upon the officers of the bureau does not appl to the other States, but is confined to those where the judicial tribunals have been overthrown.
Mr. DAVIS. I now offer an amendment to this bill in the form of an additional section, to come in after the 8th section: App!be“further mgted, That from each and every decision between parties made by the Commissioner or any asst commissioner, agent or other oficer of the FreedmensBureau an appeaIor writ of error may be prosecutedto the (illilpet or circuit court of the U.S. for the district in which such decision may have beenmade, and from the judgment of such district or circuit court to the Supreme Court of the U. S. by any party orperson who may think himself, herself, orthemsclvesaggricvedthereby; a ud upon such party or person entering into bond with good and sufficient security in the clerkspflioeof said court, to abide by arid perform the final Judgment of the matter from which such appeal or writ of error is prosecuted, and to pay such costs and damages as may eawarded to any parties or personsbyreasonof the prosecutionof the same. further proceedings shall be suspendeduntil the final Judgment of such matter. The amendment was rejected.
Mr. DAVIS. I offer another amendment as an additional section: Abife: That any person who may think himselfor herself aggrievedby any proceedinmi of the Commissioner, any asstcommissioner, or agent, or other person connected with this bureau, shall have the right to apply to the proper court for a writ of prohibition against such proceedings; and any personor persons who may apply for such writ, and hecourt to which such an lication maybe made, shall not in anyway hedistur edor hindered in such application or the issuing of such writ: and in all casesin which such writ may be directed and issued, it shall be respectedand obeyedby all personswhat socver. Iwill say a word in explanation of this amendment. A court that has no jurisdiction of a subject has no right to try it; and where any court resumes to exercise a jurisdiction of that kind it is the right of any party who is about to be aggrieved or thinks himself or herself about to be ag rieved by such a proceeding, to move a superior court for a writ of prohibition commandin
Mr. hIcDOUGALL. Allow me to suggest that the writ of prohibition is an old common law writ, and the courts have a right to issue it without legislation.
Mr. DAVIS. If the honorable Senator will read the amendment, he will understand that it has other elements in it besides that. I admit that it is a matter of right for any party in any proceeding, in an tribunal that has not juris iction of the subjectmatter, to move for a writ of prohibition and thatjs granted of right, as suggested by e honorable Senfrom California but here is the difficultv
Mr. heDO UGALL. I said that it was a common law writ, not a writ of right.
Mr. DAVIS. I sayit is a matter of right that every party to a suit in a court which assumes jurisdiction of a subject over which it has no rightful jurisdiction may apply fora writ of prohibition. I he wethe Senator understands me.
Mr. MCDOUGALL. Mr. President, I have retted the course of remark which has been in nlgod in by the Senfrom Kentucky, and U.S., terpose for the protection of all persons acting or this Freedmens Bureau, immediately particularly I have regretted to hear him make criticisms upon one of the officers of the (leneral Government who has charge of its law Dept. That gentleman is not here upon this floor. I do not think that nnythinglie as done since he has been in his othee has justified any such assault. He was regarded in Kentucky, from which he comes, as a very good law er, and was always considered a good man so tinas I have hear him reported. He is not here on this floorto respond to the Senfrom Kentucky.
Mr. DAVIS. If the honorable Senator will permit me, I will make an explanation. That otheer has an audience and speaks to a power from which I am out off, and he speaks in a language that I never hear, and that is never communicated to me. Ispeak now in language and before a tribunal that can reach him in half an hour.
Mr. MCDOUGALL. It may he so. I have never yet had occasion on this Senate floor or in the other end of the Capitol, when Ihad the honor to be there, to make a speech that was heard beyond the Alleghanies, or beyond the Rocky mountains, or across the Sierra Nevada. I speak here to Senators in council on the public affairs of the nation, and I do not make an electionecrin speech for California; nor do I hold it to be egitimate to make an electioneering speech for Kentucky. I think Mr. Speed, the AttyGen, who has been animadverted upon, is a very excellent gentleman in his way. I do not know that he is the most illuminated man that ever appeared; I will not say that he has a revelation from on high, as it was said the man from Sweden, who was called Sweden borg, had; but I am told that he is a very excellent lawyer, a very excellent gentleman, and does his best in his office. I dislike this kind of assault upon a Federal officer who is not here. If the gentleman chooses to assail me, or any gentleman on this floor who has a chance to respond to him and be heard as far as Kentucky possibly, by everybody that takes the Congressional Glo e, very well. Now, passing from that matter, I beg leave to differ from the Senator in regard to this amendm ent. It is only making “ confusion worse confounded.” The bill is bad enough, God knows; it has faults enou h, in my judgment
Mr. DAVIS. I wish to ask this question of the honorable Senator, with his permission: does be present himself as the champion and the defender here of a man whom he saysI have injured?
Mr. MCDOUGALL. You spoke of him here where he has no opportunity to repl.
Mr. DAVIS, (to Mr. MCDOUGALL. I merely ask if you, sir, present yourself as his champion and defender.
Mr. MCDOUGALL. I will admit that the Senfrom Kentucky may be much more conversant with the AttyGen than I am, and I suppose he has been much more conver sant with him at least in years past, for my acquaintance with that gentleman is of very recent origin, though I had heard of him by report for many years. The Senator asks if I am his champion. When that gentleman asks me to be his champion and states his cause, possibly I may be. For many years I endeav ored to protect the weak and undefended, and I can do it now. I do not know, however, that he requires in defense, certainly he has never solicited it. merely object to Senators, who can send their messages on the wings of the wind all through the country, saying things here, because they arepublished at Government expense, which are assaults on persons who are unprotected. I shall alwayso jeet to that, whether the individual assaulted be upon my side in polities or not. I have no very profound respect for the AttyGen. Itink I have probabl seen as good lawyers as him in my time, an probably there may be as good in Kentucky. 1 at is not the point; I merely say this is not the way to do things in this Chamber, and is not becoming the dignity of the Sea ate, in my judgment.
Mr. DAVIS. I do not ask the Senator to instruct me in my duties here.
The PRESIDENT prolempore. The Senfrom California is entitled to the floor, and declines to yield.
Mr. MCDOUGALL. I object to this amendm ent. I have acted with the Senator as long as he was trying to get an expression of the sense of the Senate. I wished to have the bill I put in such a shape that we might all understand what we were voting upon; for if a tight I is to be made, although we are largely in the 1 minority, it may be a long fight. It is very easy to win a quarter race, but it takes one of the Arab stock to win a 4mile race. I am willing to take the chances for the distance. If my horse was entered for a long race I would not mind seeing a fast nag that was only good for a quarter race pass hima dashing fellow, like the Senfrom Massachusetts, 5Mr Wu. sos] who would brush over us all; wh10would not have anything like a Democrat extant on the face of the globe. IAnghter] It would not scare me a bit if my orse was running solidly and strong, because I know that in the long run he would win. This amendment would, if adopted. imir the bill. Let us have us good a iiill as a adbill can be. I shall vote against this amendm ent, because in in judgment it will not improve but will distur the bill. I intend to support only such amendments as in my judgment are goo.
Mr. DAVIS. I merely have to say that the Senator imputes an object to me that I do not entertain; and if he thinks that my amendments were intended to deform the bill, it only proves that he does not comprehend my amendments.
Mr. MCDOUGAL. Iwill ask the Senator whether the same proposition has not been involved in several amendments substantially.
Mr. DAVIS. No, sir, not at all. I ask now for the yeas&nays. The yeas and says were ordered; and being taken, resultedyeas 8, nays 3; ABSENT 7. So the amendment was rejected.
The PRESIDENT prolemporc. If there be no further amendment to be proposed to the bill itself, the question is on the substitute proposed by the Senfrom California. [Mr. ric DoUGALL] on which the yeas and says have been ordered.
Mr. CONNESS. Will my colleague periuit me a word? I desire to say, as the impression appears tobe being made mm, and it will go out to the countryit has been repeated by other Senators, I think, than my colleague, that
Mr. MCDOUGALL. I begl pardon. If my colleague wants to saysometing on this subject, he can reserve is remarks untill have finished mine, and then it will be perfectly proper for him to do so.
Mr. CONNESS. If my colleague will listen to what I mean to say, I think he will be entirely satisfied with the interruption.
Mr. CONNESS. I desire to say that there has been no caucus of the majority on these measures.
Mr. MCDOUGALI. Then my remark does not apply to this particular question. A caucus has been held on many questions, to my knowl edge. It may not have been, so far as this is concerned. It is understood by gentlemen who represent opinions in common with me that we can only present our views; that so far as immediate legislation is concerned, they will be inconsequent; and yet it is well that it should be understood that there are iersons who do not exactly agree with the majority, and who think that they are doing unwise things and that they are not building up our great edifice, not adding a stone to it, but even perhaps going to the extent of making its pillars tremble. It is with the profound conviction that this struggle has come on, and that it is roing to be maintained by uninformed men, thatImoved the amendment that I have proposed. leaving the matter where I think it belongs, not to legislation, which can only be general in its character, but to administration, which can take charge of it wherever the occasion may occur. That is wiser and better legislation, I think, and it is not obnoxious to any constitutional objection.
Skip Skip The question being taken by yeas&nays, resultedyeas 8, nays 32; ABSENT 10. So the amendment was rejected. The PRESIDENT protempore Ifno further amendment be proposed, the question will be on ordering the bill to be engrossed for a 3rd readin. Mr. I)AVIS. I intend to be heard on this bill. I would as soon speak on its passage as on its 3rd reading. I am willing, therefore, to have the question taken on ordering the bill to a 3rd readin, and I will make my remarks immediately a terward. The bill was ordered to be engrossed for a 3rd reading, and was read the 3rd time.
The PRESIDENT protempore The question is, Shall the bill pass?
Mr. SAULSBURY. If the Senatorwill give way I wish to say that I think it would be unjust to comel the Senfrom Kentucky to go on with is remarks tonight. I therefore move that the Senate do now adjourn.
Mr. DAVIS. I would as soon go on tonight as at any time hereafter. [“ Go on 1} I suppose gentlemen do not want to exten me the courtesy of an adjournment, and Iwill not ask them for it.
Mr. HENDRICKS. It is not altogether a question of courtesy to the Senfrom Kentucky, though I suppose we all desire to extend to him that courtesy, but it is somewhat a question of comfort toourselves. I understand that I tertain toward this measure. the Senator intends to make an elaborate argument on the bill, which we shall all be very happy to hear, and it will be more comfortable for us to have him make it tomorrow.
The PRESIDENT protempore. The motion is to adjourn, and defiate on the question, exec it by common consent, is not in order.
Mr. TRUMBULL. I was only about to say that we have wasted the whole afternoon in calling the yeas&nays and near}? offering amendments, and the Senfrom Kentucky asgiven notice that he is going to make a speech. I think we may as well hear it tonight. He says he is ready to go on; he asks no courtesy of the Senate; he does not ask an adjournment; he is as ready to proceed tonightas he will be at any time; and I ope the Senate will consent to sit and hear him tonight.
Mr. MCDOUGALL. I want to ask the chairman of the committee if he means to call for a vote this evening.
Mr. TRUMBULL. I hope we shall have a vote this evening.
Mr. TRUMBULL. I do. The motion to adjourn was not agreed to.
Mr. DAVIS. Mr. President, I will proceed to make such observations on this bill as I desi 11to do; and if the Senate will not adjourn I hope they will not make so much noise that I cannot hear myself. [Laughter] lhe PRESIDENTprotempura. The Chair will endeavor to enforce order in the Senate.
Mr. DAVIS. I do not care who hears me or who does not hear me; all I want is to be able to hear myself. Mr. President, [Laughter] I do feel a peculiar and a dee interest in this measure. lify opposition to it cannot speak. I wish I had the power to give utterance to the feeling of opposition that I en It is a measure intended to continue a military despotism, espeeially in the State of Kentucky. It is a measure intended utterly to abrogate her laws where ever they do not come up to the standard
The PRESIDENT protempore The senator will suspend his remarks for a moment until order is restored in the Senate.
The PRESIDENT protempore Does the Senfrom Kentucky give wayto the Senfrom Missouri?
Mr. HENDERSCOerNta. inly. Ioethe Senfrom Kentucky will give way in order that I may move an adjournment. “Oh, no!"]
The PRESIDE T protempore. The Senfrom Missourihas the floor by the consent of the Senfrom Kentucky.
Mr. HENDERSON. I am very well aware that the Senfrom Kentucky ldines not desire to speak this evening, an I understand there is to be no further debate. He desires to speak, and I have it from himself that he expects to make a 2 liours speech. I do not eel under obligation to remain here after 5 oclock in the evening. It is the long session; we can remain here next summer; it will be no additional cost to the Government; and I do not see that Senators ought to be required to remain here after 5 oclock in the afternoon. I am satisfied thatthere will be no further discussion from what I can understand. Let the Senator make his speech tomorrow, and let us then take the vote; and with that understanding“ now move an adjournment.
Mr. TRUMBULL. I hope we shall not adjourn.
Mr. ANTHONY. If I might be allowed to make a suggestion by common consent
The PReSIDENG protempore. Debate is not in order except by common consent; the motion is to adjourn. [“Consent. ”]
Mr. ANTHONY. Isuggest that there should be a general understanding that the vote shall be taken at some particular hour tomorrow. If that can be the general understandin, I think the Senate would prefer to hear the Senfrom Kentucky tomorrow; but if there is to be further debate afier this, I think we had better sit on and have it now. An understanding such as I suggest has been had repeatedly in the Senate.
The PRESIDENT otempore. Bycommon consent the Chair wi hear the Senfrom Indiana.
Mr. HENDRICKS. I haves oken to several gentlemen on this side of the all, and I think there is no disposition to continue the debate in opposition to the bill after the speech of the Senfrom Kentucky. Whether there will be further debate on the part of the friends of the measure, of course I cannot say.
Mr. DAVIS. If the Senate will allow me, I will say that I do not intend to speak for the consumption of time. I do not oppose the bill because of any factions purpose. I oppose it because of my deep and truthful conviction that it isintended to overthrow the liberties of my own State; and being of that opinion, I should be false to myself and false to my State if I did not give utterance to my sentiments of opposition to the measure.
The PRESIDENT protempore. The nestion is on the motion of the Senfrom is sourithat the Senate do now adjourn.
Mr. TRUMB ULL. I ask fortheyeas&nays. The eas&nays were ordered and taken.
Mr. HENDRICKS. Before the result is announced I wish to sag est that I think an understanding can be ha which will be satisfactory upon all sides, that the vote shall be taken say at 3 oclock tomorrow. That will give the Senfrom Kentucky, I presume, as much time as he will desire.
Mr. MCDOUGALL. I object to any such arrangement.
Mr. HENDRICKS. I understand that the Senfrom California does not consent to it, and therefore I cannot repose it as a harmo nious thing, and I withdraw any suggestion about it. The result of the vote was announced to be yeas 14, nays 22; ABSENT So the Senate refused to adjourn.
Mr. DAVIS. I submit myself with as much grace as I can to the judgment of the Senate, and will proceed to m e my remarks. I oppose the passage of this measure: 1st, because a majority of the Senate eir clude Senators from 11 States from their seats for the purpose of securing the passage of this and other measures: 2nd, the measure is unconstitution al, because it proposes to invest the Freedmens bureau with u ieial powers; because it authorizes the presicut to assi Army officers to the exercise of those judicia powers; becauseitbreaks down the artition of the powers of the Government may e by the constitution, and blends and concentrates in the same hands executive and judicial powers and because it deprives the citizen o his right to trial by jury in civil cases. 3rd, it onght not to pass because it is a scheme devise to practice injustice and oppression upon the white people of the late s aver holding States for the benefit of the free negroes, to engender strife and conflict between the 2 races, and to rostitute the powers of the Government for tfile impoverishment and degradation of the white race and the enrichment and exaltation of the negro race. 4th, it will produce a profli to, waste ful, and unnecessary expenditure of the public money. 5th, it is one of the bold, reckless, and unconstitutional system of measures devised by the radical party to enable it to hold on to power and Office.
Mr. HENDRICKS. Mr. President, the senator has announced his various propositions, and an interruption just here will notbreak into his speech materially. I now suggest to senators that we agree to a vote at 3 oclock tomorrow. The Senfrom California with draws any objection to that arrangement, as I understand him, and if this is the consent of the Senate, on thatassurance given, Imovethat the Senate do now adjourn.
Mr. TRUMBULL. If it can be understood that we shall vote at 3 oclock tomorrow, I shall not persist in trying to kee the Senate here now. If the Senfrom Kentucky will assent to that arrangement, if he will agree not to hold the Senate after 3 oclock tomor row, although it is the wasting of another day, I am willin to accommodate Senators.
Mr. DAVIS. I signif that assent for myself.
Mr. TRUMBULL. The Senfrom Kentucky will consent; then I shall not oppose the motion.
Mr. HENDRICKS. I supposed that when I called the attention of the Senate to the proposition and no Senator objected to it, it was the consent of the Senate. I insist on my motion. The motion was agreed to; and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. Wsnsnsnsr, January 24, 1866. The House met at 12 oclock in. Prayer by the Chaplain, Rev. C. B. Borxros. The Journal of yesterday was read and approved. EXECUTIVE COMMUNICATIONS.
The SPEAKER, by unanimous consent, laid before the House a communication from the SecyWar, transmitting a correspondence between the Superintendent of the Military Academy at WestPoint, and the chief Engineer of the Army of the U.S., in rerd to certain captured cannon; which was lai upon the table and ordered to be printed.
The SPEAKER also laid before the House a communication from the SecyTreas ry transmitting, in response to a resolution of the House, a list of all vessels once foreign which have received American registers in the year 1865; which was laid on the table, and ordered to be printed. PRINTING OF A REPORT.
Mr. McCLURG, by unanimous consent, submitted the followin resolution; which was referred, under the Faw, to the ComPrintg: Resolved, That10,000copiesof the report of the ComClaimsoftho 19t instant, boprinted for the useof themembersof this House. MEDICAL STATISTICS.
Mr. J. L. THOMAS, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Resolved, That the ComMilAffrs consider and report asto the propriety of having comiled for future referencethe medicalstatistics of the rovost Marshals Bureau of enrollment and draft. USE OF THE HALL.
Mr. McCLURG. I ask the unanimous conpent of the House to offer the following resolution: Raoloed, Thpt the useof the Hall of this Housebo and the same is hereby, awarded to Lorenzo Shor wood, of Texas, on the eveningof the 30th instant, (Tuesday)for the purpose of aing subjects. lecture on the follow pamely: he exclusive power of Congress over the subject of citizenship and naturalization. The powerof Congress to give effect, by the enactment and enforcement of laws, to all the protective proVisionsof the Constitption, and to make the principle of protection practically coextensive with citizenship. The positive constitutional interdict upon the power of Congress, and upon the Legislatures of therespective States. to subvert or impair natural rights. The power of Congressto compel the enforcement and maintenance of republican governmentin every State, making the promtire features of the constitution the definition and test of what is government republican The floor of the Hguseto be occupied by such persons only as are privileged during tstime of sossion.
Mr. HARDING, of Kentucky. I demand the regular order of business. BASIS or REPRESENTATION.
The SPEAKER stated the regular order of business to be the cons1deration of the following JtResolution reported by the jomt ComReconstruction: Rmloed 511 the bemte and HoRep of the U.S.A. in congress assembled, (2/3rds of both oasesconcurring) That the following article he proposedto the Legislaturesof the several Statesas an amendment to the constitution of the U.S.: which, when ratified by 3/4ths of the said Legislatures, shall bevalid as part of said constitution, namely: Anricu:. Representatives and direct taxes shall be apportioned among the several States which may beincluded within this Union accordingto their respective numbers, counting the whole numberof or sonsin eachState, excluding Indians not taxed: proaided, Thatsvhcncvor the electivefranchise shall be denied or abridged in any State on account of raceor, color, all persons therein of such race or color shall be excluded from the basisof representation. The pending question was on the motion of Mr. LeBloND to refer the JtResolution and pending amendments to the ComW hole on the state of the Union.
The SPEAKER. The Gentfrom Ohio [Min LeBloND] who is entitled to the floor is not in his seat.
Mr. SHELLABARGER. Will my colleague now yield to me?
Mr. SHELLABARGER. Mr. Speaker, it is due to myself, and to nobody else, that I should say that in making the suggestions Iam about to make, I make them with extreme reluctance, on account of the deference thatI feel for the distinguished committee that has retorted the subectmatter now before the House. l think I would not be amenable to be accused of an affectation of modesty in sayin thatI have 15 times as much respect for the opinions of that committee as for my own; and yet, in the way of suggestion, I venture to make some remarks, and as a platt of those remarks, permit me to send to the Clerk to be read a proposed amendment which I drew up, I acknowledge, before I had carefully read the amendment of my distinguished colleague, [Mr. Senrm exd and which I am atified to find corresponds almost identical y, if not exactly identically, with his proposed amendment.
The Clerk read, as follows: Representatives shall be apportioned among the several States whiclimaybe included within thisUnion according tothenumbersofmul citizens uf the U.S. therein abovethe ugcof 21 ycnrs having the qualifications reqpisite for electorsof the ruost numerous branch at the State Legislature, and direct taxes shall beapportionedamon such Slatesaccording to the value of all property t crein.
Mr. SHELLABARGER. Now, Mr. Speaker, the following are the suggestions which I make make doubtingly, but still makeas objections to the report of the ComReconstruction: 1. It contemplates and provides for, and in that way, taken by itself, authorizes the States to wholly disfranchise entire races of its people, and that, too, whether that race be white or black, Saxon, Celtic, or Caucasian, and without regard to their numbers on proportion to the entire population of the State. 2. It is a declaration made in the constitution of the only great and free Republic in the world that it is permissible and right to deny to the races of men all their political rights, and that it is permissible to make them the hewers of wood and drawers of water, the mudsills of society provided only you do not ask to have these sfranchised races represented in that Government, provided you whollyi nore them in the State. The moral teachin of the clause offends the free and just spirit of the age, violates the foundation principle of our own Government, and is intrinsical y wrong. 3. The clause, by being inserted into the constitution, and being made the companion of its other clauses, thereby construes and gives new meanings to those other clauses; and it thus lets down and spoils the free spirit and sense of the constitution. Associated with that clause relating to the States bein “republican, ” it makes it read thus: “The U.S shall guaranty to every State in this Union a RFG, ” provided, however, that a government shall be eemed to be republican when whole races of its peoleare wholly disfranchised, unrepresented, an ignored. I yield to my I and in distinguished and able friendfrom NewYork[Mr. CONKLING] will, as a lawyer, fully understand how it does this when I quote the legal maxim, ” Noscitur a sodis.”
Mr. conKLING. As the gentleman has referred to me, will he permit me to ask him a question?
Mr. conKLING. Does the gentleman mean the House tounderstand that, with orwithout the proposed amendment, there is any doubt of the political or legislative power of a State to say that certain persons, although they constitute a race, shall not vote? and oes he mean to say, historically or legally, that from the foundation of the Government to the present time every State has exercised undisputed sway over that whole question?
Mr. SHELLABARGER. Mr. Speaker, the question. that is asked by my friendfrom NewYork [Mr. CONKLING] is not only an exceedingly ertinent one, but it is forcible, an. but forcib y, and deservesto be met and answere in the same way and I reply, 1st. by saying that it has been doubted that under that clause of the constitution you can disfranchise races and I say to my distinguished friendfrom NewYork [Mr. Conxuxo] that thatdoubt has found form, force, and volume in the ablest work in America on the criminal law of the country. I allude to Bisho on Crimes.
Mr. S”EVENS. May I ask the gentleman whether Bishop does not say that the governments of the southern States, and their action heretofore upon that subject, have not been by common consent regarded as republican and constitutional?
Mr. SHELLABARGER. Bishop says, in substanceI do not give the words of the text thut the contemporaneous history of that constitutional power, and the practice under it, have received aninterpretation perha 5 equivalent to that suggested by the distinguished chairman of the JtCommee, [Mr. Stevens.] But I say, moreover, that Bishop lays it down in his notes, and perhaps also in his text, as in contravention of the true sense and spirit of that clause of the constitution, and that it was a construction which would be better honored in the breach than in the observance. Now, I reply further to my distinguished friendfrom NewYork, [Mr. Coxnuxc] that neither in Bishop, norin contemporaneous history. nor in any other place is there to be found a constitutional authorization, such as we are here called upon to adopt, of the disfranchisement of races of men without regard to the mag nitude of the ir number or their political status in the Union. I admit that races, or fractions of races at least, have been disfranchised under the constitution. But let it be remembered that that disfranchisement was when the race was enslaved; and the constitution has received its construction in the black lightpardon the paradoxin the black light of slavery.
Mr. CONKLING. I do not wish to interfere with the gentlemans argument, and I will refrain from putting another question, unless he will consent.
Mr. SHELLABARGER. I will hear the gentleman with leasurc.
Mr. CONKLIiG. Then I will ask the gentleman how he disposes of the fact that under the constitution as it is, and as it will be with this amendmentingrafted upon it, all the States of this Union have been permitted from the outset, with the acquiescence of Congress, the acquiescence of the Supreme Court, and I bor row a phrase of James Madison when I say “with the universal acquiescence of the American people, ” to say to persons of a certain race, “not only shall you be without political right, without civil right, without the elective franchise. without one attribute, prerogative, or immunity, politically, but in addition to that, by virtue of State sovereignty, we robyou of every thing of natural right; we strip you of every immunity which belon s to humanity itself.” I want to know how e gentleman disposes of the fact that this power is in the constitution now, a greater power, 6 f" Steam Pwffnd always undisputed, than that which he fears may exist if this amendment is adopted.
Mr. SHELLABARGER. Mr. Speaker, I might, if it were not unworthy of the occasion H)r we are in the midst of one of the greatest occasions of the country, when We are attempting to make its orga ic lawI might, if it were not unworth of the occasion, ask my distinguishedfrien from NewYork [Mr. CONKLING] whether he today supposes that the construction which he has just stated has been given to our constitution is a just construction which he invites the courts to give to it in the future. I say, here, in my obscure place in the American congress, that this construction, however sanctifie for 70 years, is not in accordance with the enlightened sense and spirit of the constitution as your fathers made it, and I thought a better judicial da had now begun to dawn upon the Republic. had hoped that the judicia of the Government would begin to look at the constitution in the light of the DeclarIndep, which i said, and as truly as gloriously, that “ all men are created equal.”
Mr. STEVENS. Will the Gentfrom Ohio permit me to make an inquiry?
Mr. STEVENS. Iabhor the socalled “ compromises of the constitution ” on the subject of slaveryI do not say it now for the 1st time as much as my friendfrom Ohio; but does he mean to say that, under the constitution as it unfortunately was, the fugitive slave law of 1798 was not constitutional?
Mr. SHELLABARGER. Well, Mr. Speaker, my distinguished friend is a very good strate st as well as a good lawyer is inquiry indicates, I think, an anxiety that I should discuss something which is not before the House rather than what is. Well, I
Mr. SHELLABARGER. I would answer it with the utmost pleasure, but really (on account of my dullness, I suppose) I do not perceive now the application of the question to what I am talkin about.
Mr. CONKLI G. It is simply an illustra;tion of what I was askin.
Mr. SHELLABARGER. I must now resome, Mr. Speaker the line of remark which I was pursuing for I intended to occup but ten minutes, an I have already exceeded that limit. Before resuming, however, let me remark further, in reference to the suggestions which have been made, that even under the constructions which have been given to the constitution here toforez it has never been held, so far as I know, thatitiswithin the power of the States adlibitum to disfranchise races as such; and this, I think, or at least fear, will be the effect of the clause as reported by the committee; it will, I apprehend, be construed as giving authority to the States to disfranchise races as such at pleasure, and that without regard to color.
Mr. BANKS. Will the gentleman yield to me a moment for a suggestion?
Mr. BANKS. I desire to make a single suggestion, without entering into the debate. The constructions to which the gentlemen from the committee have referred were unquestionably right, being founded upon an express provision of the constitution, and based upon the fact that 4 millions, or an 8th part, of the people were slaves. Now, the constitution as conchan d in that respect; that basis has been removed; there is now no authority for such constructions; and the question is, shall we, by a constitutional amendment, ree s tablish that power which has come to an end by virtue of the abolition of slavery?
Mr. SHELLABARGER. I am obliged to the distinguished Gentfrom Massachusetts [Mr. BANKS] for his suggestion, which is entire y in harmony with the argument I was endeavoring to present, and will now resume. 4. The report of the committee imposes no adequate restraint upon this disfranchisement of races and creationofoligarchies in the States, cause after a race is disfranchised in a State it ves to one vote cast in such State by the to in race just the same power as a vote has in a State where no one is disfrunchised. 6. These words of the amendment, to wit, “denied or abridged on account of color, ” admit of dangerous construction and also of an evasion of the avowed intent of the committee. Thus, for exam le, the African race may in fact be disfranchises in the States, and yet enumer ated as rt of the basis of representation, by means 0aprovision disfranchising all who were slaves, or all whose ancestors were slaves. I may be wrong in this; that might, I admit, be held by the courts to be a mere evasion; but still it is, to say the least, doubtful whether the clause as reported might not thus be evaded. Or the provision may e evaded in the ways so ably stated yesterday by the Gentfrom RhdIsland, [ML Ji1xciri:s.:lg 6. The ending proposition of the committee is a reical departure from the principles of representative republican government, in this, that it does not provide for nor secure the absolute political equality of the people, or, relatively, of the States. It does not secure to each vote throughout the Government absolute equality in its governing force. It, for example permits 25,000 votes in NewYork city to elect 2 members of congress, provided 1/2 of its population should happen to be foreigners unnaturalized and not electors of the State, whom the law deems unfit to vote; whereas 25,000 votes in Ohio would elect but one member of Congress, provided her citizens were all Americans instead of foreigners.
Mr. CONKLING. Has not that always been so under the constitution?
Mr. SHELLABARGER. But we are now endeavoring to amend the constitution. Iwas just about to remark that the clause of the constitution to which this is an amendment does the same thing; but then this clause was one of the “compromises of the constitution, ” and was never, think, the best thing that could have been adopted.
Mr. conKLING. That was no compromise; the only comromise was in rerd to slaves.
The SPEAKER. Does the gentleman propose what he has read as an amendment?
Mr. SHELLABARGER. I merely read it as a part of my speech. Have I the right to offer it as an amendment?
The SPEAKER. It has been decided that when a gentleman has yielded the floor it can only be for explanation, and not for amendm ent.
Mr. PIKE obtained the floor, but yielded to
Mr. ELIOT. I ask unanimous consent to submit the following amendment: Amend the instructions so as to road as follows: Representativesand direct taxes shall be apportioned among the several Stateswhich may be included within this Union according to their respective numbers, counting the whole number of persons in each State. excluding Indians not taxed: and the electivefranchise shall not be denied or abridged in any State on account of race or color. There was no objection, and the amendment was received.
Mr. SCHENCK. Mr. Speaker, I ask if it is in order now to move to strike out the instruction offered by my colleague and substitute another instruction.
The SPEAKER. If it is only to amend the amendment last offered it can be received under the rulehto amend the amendment offered by the Gentfrom Massachusetts [Mr. Euor and insert something in its stead.
Mr. SCHENCK. I then move to amend by strikin out the whole of the amendment o fared y the Gentfrom Massachusetts, and inserting the following: Resolved by the Senate and HoRep of the U.S.A. as (brimenassembled. (2/3rds of each louse concurring.) That the followmg be proposedto the Legislaturesof the several States as an amendment to the constitution of the U.S., which, when ratified by 3/4ths of such L 0gllll fll. lll0s$hlall become a part of the said constitution, in iplace of the 3rd paragraph of the 2ndsection of the 1st article, to wit: Representatives shall be apportioned among the several States which may be included within this Union pecording to the number of male citizens of the U.S. over 21 yearsof agehaving the qualifications requisite for electorsof t a most numerous branch of the State Legislature. The congress, at their 1st sessionafter the ratification of this amendmentby the required number of States shall provide by law for the actual enumeration of such voters; and such actual enumeration shall be separatelg madein n general censusof the population of all the States Within every subsequentterm of ten years, in such manner as the Congressmay by law direct. The number of representntives shal not exceed one for every 125,000 of actual population. but eachStateshall haveat least one Representative.
Mr. KELLEY. Will the gentleman yield to me for a few minutes?
Mr. PIKE. l have but aword or 2 to say; I will yield after I have spoken. TheSPEAKElt. The Chair will regard that as agreed u on.
Mr. CONKLING. Will the gentleman allow me to ask him a question?
Mr. CONKLING. I wish to ask the gentleman to explain this to the House. The amendment which we are proposing is not to take effect in Greece or Rome, or anywhere where anybody besides Africans were held as slaves. It is to operate in this country, where one race and only one has been held in servitude. Now, I ask the gentleman as a lawyer, reading the amendment, as all amendments must be read, in the light of surrounding circumstances, whether there would be place enough for a dove to put down the sole of her foot upon to give the idea that an one would be shut out by such legislation as e speaks of except men of African descent, the negro race? and if this be so, I ask him of what importance, prac tically, is his criticism?
Mr. PIKE. I understand perfectly the intention of the distinguished Gentfrom NewYork in pressing this amendment. I also understand, and this is my reply to him, that in no State in the South has slavery been confined to anyone race. So far as I am acquainted with their statutes, in no State has slavery been confined to the African race. I know of no slave statute, and I have examined the matter with some care, which says that Africans alone shall be slaves. So much for race. As to color, it was a common thing throughout the whole South to advertise runa way slaves as having light hair and blue eyes and all the indications of the Caucasian race, and “passing themselves off for white men.” I say further to the honorable Gentfrom NewYork, that wellauthenticated instances exist in every slave State where men of Can casian descent, of AngloSakon blood, have been confined in slavery, and they and their posterity held as slaves. So that not only free lacks were found everywhere, but white slaves also abounded. Now, one word further. other case.
Mt. CONKLING. Before the gentleman passes from that point I would like a little information. I do not wish to press it if the gentleman has any objection.
Mr. BROMWELL. I will inquire, Mr. Speaker, if this question is now in a condition that any amendment or substitute can be offered.
The SPEAKER. The Chair will state that 6 amendments are pending now. The only one that could be offered would be to amend the amendment of the Gentfrom Pennsylvania, [Mr. Srsvnxsfi which was, to add the word “therein” in the 15th line. No other amendment would be in order now, the whole legislative power to amend being exhausted.
Mr. SCHENCK. I think the gentleman misapprehends entirely the tendenc of my amendment. The amendment which proposed, and which I have since repeated in the form of a substitute for the instructions to he vento the committee, contains some 3 or our limitations upon the qualifications of voters. They are to be such persons as shall be made voters by the States, having the qualifications requisite for the electors of the most numerous branch of the State Legislature, as we have the clause now in the constitution; but in addition to that they must be males, they must be citizens of the U.S., and they miist be over 21 years of age; and no one isincluded within the e of that amendment who does not come within all of those descritive words.
Mr. BROMWELL. n alluding to the Gentfrom Ohio, I had reference to the gentleman [Mr. Lswnasen] who introduced the instructions now pending to be given to the ComReconstruction in case the JtResolution should be recommitted to them. I spoke concerning his proposition, and it does not provide inst the casesI have stated, as Iunder stand it.
Mr. LAWRENCE, of Ohio. The propositionI submitted provides that males only shall vote. It does exclude women.
Mr. ROSS. I want to inquire of my colleague [Mr. BROIWELL] why ladies more than negroes should be counted in the basis of representation without bein allowed to vote?
Mr. ORTH. I move the gentlemans time be extended.
The SPEAKER. He is now speaking on the time of his colleague.
Mr. COOK. This amendment has been presented by a very large committee of both Houses, composed of our ablest rppresentative men. ehave now the opportunity to pass this amendment which is the great question of the time; we may effectually subdue this rebellious power of slavery which has caused us so much suffering and evil. If by our want of ability to agree upon an amendment upon which we can unite an which will secure the support of the country, we shall suffer this olden hour to pass, then when we see these Hal s filled with men elected from the States lately in rebellion upon this unequal basis defiant and dictatorial as of old, we shall look back with regret to this time, when both the power and the opportunity were given to us to right this great wrong, and we may well be think us of some answer to be given to our people who have done and suffered so much to save this nation, why we did not when we had the power secure such an amendment to the constitution as would assure ever true and loyal man that he should count as muc in the administration of the Government as any single traitor in the land.
Mr. MARSHALL. I ask my colleague to yield to me.
Mr. BROMWELL. I will. yield to my colleague the remainder of my time.
Mr. MARSHALL. Mr. Speaker, I desire, as I have not had the floor before, to make a few remarks. I am not certain that I can present them all in the few minutes allotted to me, but I shall do so very briefly. The remarks that I shall make are suggested entirel by the debate that has taken place upon this oor today, as I had no previous purpose or expectation of speakin upon these questions. I am surprise to ear my honorable colleague, [Mr. Coox] for whomI have very great regard, avow himself in favor of the amendment proposed by the committee. The honorable Gentfrom Pennsylvania, [Mr. Srlivsnsfi] who reported this resolution, the leader of this House, and I might say, if it would not be deemed offensive, a mostthe master of the dominant party on this floor, has avowed today that he afihors the constitution as it was made by our fathers and has ever done so, and this us but confirmed me in an opinion which I have long entertained, that the dominant party Was organized upon principles of oppoaition to the Constitution as it was made by our fathers, and that when organized it was and now is a revolution ary party, and that it goaded us into civilWar for the purpose of bringing on the revolution that they are now attempting to force upon the country.
Mr. STEVENS. Do I understand the gentleman as stating that I said I abhorred the constitution?
Mr. MARSHALL. I understood the honorable gentleman to say that he abhorred the constitution with the compromises as made in it by our fathers.
Mr. STEVENS. I said I abhorred that provision of the constitution which recognized slavery.
Mr. MARSHALL. The comromises of the constitution. I accept the exp anation.
Mr. STEVENS. this a thing I have said for fort years, and therefore I cannot forget it.
Mr. MARSHALL. Yes, the gentleman has said it for 40 years; he has been consistent in that; and those who are following his lead are actuated by the same principles, although they do not as honestly avow it. They were organized as a revolutionary party with hatred to the constitution as it was frame by our fath ers, and they have goaded on this civilWar for the purpose of bringing about a revolution in the Government and changing its organization.
Mr. ASHLEY, of Ohio. Will the Gentfrom Illinois allow me to ask him a question?
Mr. MARSHALL. I have but 2 or 3 minutes.
Mr. ASHLEY, of Ohio. Did the dominant party in this country, after the election of Mr. Lincoln, goad on the rebellion when they abased themselves and presented an amendment to the people of the U.S. guarantying to the slave oligarchy and southern traitors that there never should be an amendment to the Constitution without their consent? Was that goading them on to war?
Mr. KELLEY. Yes, sir; in accordance with the opinions of those who framed the Constitution, u nd those who were in the convention of irmnia, which ratified it.
Mr. MARSHALL. Where does the gentleman got that power? I know he refers to the section of the constitution which says: “The times, places and manner of holding elections for Sens&Reps shall be prescribed in eachState by the Legislature thereof; but the Congressmay at any time, by law, make or alter such regulations, exceptas to the placesof choosing Senators.” Now, that. clause refers only to Sens&Reps in Congress. Does the gentleman pretend that under this clause of the constitution Congress has an power over the qualifications of electors for governors or members of the State legislature?
Mr. MARSHALL. It is admitted, then, that Congress has no power over the qualifications of those who shall vote for members of the Legislature and Governor. Now I wish to lfimw from the gentleman, who admit that Congress has no power over the qualifications of electors for thp most numerous ranch of the State Legis are.
Mr. KELLEY. I did not. so understand the question of the gentleman. I understood him to refer to Senators and Governors.
Mr. MARSHALL. I said, ” Governors or members of the State Legislature.” Then I would call the attention of the gentleman to the followmg clause of the constitution: “The HoRepshall be composed of nicmbers chosenevery 2ndyear by the people of the several States, and the electorsin each State shall havethe qualifications requisite for electors of the mostnumerousbranch of the State Legislature.” That leaves this question entirely in the hands of the State, as has been explained by all the expounders of the constitution. I know the Gentfrom Pennsylvania [Mr. KELLEY] read as authority some extracts from a debate in the convention of Virginia. But the doctrine stated in that debate did not touch the qkiliestion of suffrage at all; it related merely to the mode and manner of holding elections. Itwas argued in that convention, and very properly, that if Congress had no control over the subject, the Legislatures of the States might decline or refuse to a point a place for, or prescribe a mode of, holing elections for members of Congress. That discussion did not touch the question of suffrage; and the debate which the gentleman read here does not touch that question. The idea clearly expressed in i, that debate is that, if the State Legislatures do not H piovide the time and place of the election, and the mode of receiving the votes for members of this House, Congressslinll then have the power to interposciind fix the “ time, place, and manner” of holding the elections.
Mr. KELLEY. If the gentleman will allpw me to interrupt him for one moment, I desue to say that if e had listened to my remarks he would have learned that Mr. Madison, in the Convention that framed the constitution, as serted directly that the States might control those matters to which the gentleman has just alluded, but that the control of the suifrage was vested in Congress.
Mr. ASHLEY, of Ohio. Mr. Speaker. I have the permission of my friend to ask unanimous consent to correct a JtResolution I submitted the other day, 3 lines having been omitted in printing it; and also that it be ordered to be printed as corrected. There was no objection, and it was ordered accordingly.
Mr. SCHENCK then addressed the House.[His speech, as revised by himself, Will be found in the Appendix.] SPEECH OF HON. R. C. SCHENCK, January 24, 1866, On the proposition to amend the Constitution of the U.S., establishing the basis of representation.
Mr. SCHENCK. Of course, in the State in which this takes place. That is precisely my argument. You say to each State that has any of this population that none of it shall be counted until the whole of them are fully enfranchised.
Mr. BINGHAM. If my colleague [Mia SCHENCK] will allow me, I will suggest that this precludes a State from a class legislation which would operate injuriously upon colored people. But if that legislation be general and not c pass legislation in its character, applying to the white population as well as to the black population, the standard of intelligence for instance, this proppsed amendment to the Constitution will not erate as the gentleman suggests.
Mr. SCHENCK. My reply to that shall be to read here, in the presence and hearing of the House, the language of the amendment itself: Provided, That whenever the elective franchise shall be denied or abridged in any Stateon account of race or colorI all persons of such race or color shall be excluded from the basis of representation. Of course I understand it to mean all such persons in the State where the denial or abridgment shall he made.
Mr. BINGHAM. I beg my colleague to understand further that the words of the proposed amendment which he has just read import, a: vi termini, that the proviso does not operate at all, except the legislation is caste legislation, and then applies only to that caste.
Mr. SCHENCK and when it does operate, how does it operate? If there be one negro denied the privilege of voting because he isn negro, is not that a denial or abridgment of the elective franchise on account of race or color? If 1/2 of that race, or 1/3rd, or any proportion, be denied the right of voting on account of race or color, although that right is ven to the rest, then what follows? If on eny or abridge the elective franchise at all in any degree, thisis the consequence: that “ all ersous of such race or color shall be excluded from the basis of representation.”
Mr. BILGHAM. I beg leave to repeat to my colleague again, that if for example, in SCarolina, when that State comes to be recognized, it is generally provided, without regard to race or color, generall provided by law that no citizen of SCarolina shall vote unless such citizen shall be able to read the English language, in that case this provision does not operate to the exclusion of her enfranchised black population who come 11 to that standard. But if, on the other han, SCarolina shall by law expressly declare that no colored citizen of the State shall vote unless he can read the English language, leaving the ignorant white man to vote, then this provision declares that SCarolina shall not be entitled to representation upon her black population. I ask the gentleman now to say whether he is opposed to or in favor of such caste legislation.
Mr. SCHENCK. I will answer the gentleman distinctly. I am opposed to caste legislation; that is comprehensible. But we are legislating here, by an amendment of our organic law, for the present existing condition of things and what I say is that it is not probable that we shall be able in a day, perhaps not in a year, or two years, or 3 years, to educate SCarolina, for instance, up to the point of enfranchising all her black population with the right of voting. We shall) not be able to educate her up to the point of making no distinction on account of color, so far as this matter of voting is concerned. If we do not, then we say to her by this amendment, “ You may allow 1/3rd, or one half, or 2/3rds of your negroes to vote, by reason of their intelligence and education, or for some other, qualification, but it shall not benefit you in the least in the matter of representation here. You must wait until there is no abridgment or denial of the elective franchise on account of race or, color, before your negro population shall be included in your basis of representation.” I am sure there can be no difference now between my colleague [Mr. BINGHAM] and myself as to our understaning of this matter. I am not arguing the question of abstract right; I think that is unnecessary. I am arguing the question of the practical working of this amendment. I thin it is very objectionable, because we must take these States as they are now; we must lead them, guide them, teach them to walk, put them in the right way and keep them there; we must educate them, up to the right point if we are to expect that when they reach that point they will feel themselves standing upon solid ground, from which they cannot be forced or driven.
Mr. STEVENS. If SCarolina by law shall provide that 1/2 of her black population shall vote, and that the other half shall not, because they are black, can SCarolina complain if we punish her forsuch injustice by saying that she shall not be allowed to take advantage of the number of the black population in her basis of re gesentation?
Mr. SCHENCK. hat is nota question into which I can be drawn. I do not approve that more than the gentleman himself dbes.
Mr. STEVENS. I do not ask the gentleman if he approves it; but I ask would we be doing injustice to SCarolina by punishing her for excludmg that class from voting by excluding t hem from representation?
Mr. SCHENCK. I have no desire to punish SCarolina for being half right.
Mr. SCHENOK. I would give her credit for being even half right. So fast as she approaches the right basis, so fast as she advances toward the adoptionof that rule of freedom and equality which extends to all men without distinction of color their right to take part in the government, simply upon the ground of their manhood, I would give her credit for her conduct. My objection in this case is that this amendment does not give her credit so far as she goes, but says to her, “The last ounce of the pound of flesh, with every quivering fiber, and every drop of blood, must be fully and entirely paid, or you shall have no consideration whatever.” Now, then, I come back to what I conceive to be the better system, a system based upon suffrage, a system of representation which shall be equalized among all the States of this Union accordingto the number of people that they have within their respective limits of whom they are willing to say that they are fit to take part in the Government. In the 1st place, this is most liberal. It says to the States, “Remove from the arena of polities this embittered and embit tering question about interfering with your local institutions. We are willing that you yourselves shall hereafter, as heretofore, determine who shall and who shall not be electors of the most numerous branch ofyour Legislative Assembly; but we give you warning, a warning to all North, South, East, and whest, that only in proportion as you shall adjiidge your people lit to participate in this common Government of ours, shall you take part in the Government through re Representatives in Congress."
Mr. BENJAMIN. I would like to ask the gentleman a.question.
Mr. BENJAMIN. If the State of Missouri, in her wisdom. seescause to disfranchise a large part of her citizens in consequence of their disoyalty, as she hasdone, is itJust that she should be deprived of a portion of her representation in this House in consequence of that act?
Mr. SCHENCK. Well, Mr. Speaker, I think it is, because the fewer of that sort of population she has to be represented, the better for her. If her citizens are loyal, even though they be so few as to entitle her to only one the presentative. it is better for her than to have 5 or 6 or ten times the number of disloyal citizens.
Mr. BENJAMIN. I would remind the gentleman that in Missouri atpart of our population are of that sort; and we cannot get rid of them.
Mr. SCHENCK. Very well; my amendment, upon the principle that" Whilctho lamp holds out to burn, The vilestsinner mayreturn." extends to the States and to the people of the States every inducement to be loya and law abidin in their conduct in order that they may have, t rough their representatives, a greater share in the Government. Now, sir, the objections which are made to this system of representation based upon suffrage come from gentlemen representing different sections of the country. Gentlemen from Indiana and some of the northwestern States are not quite reconciled to this system, because they say that by their State constitutions certain persons who are not citizens of the U.S. men who, having recently ar rived in the country, are yet aliens, or have only declared their intention to become citizens are allowed to vote. Well, my reply to that is, that though it may at 1st operate hardly upon some of the voters of the northwestern and western States, yet this is a thing whichis continually curin itself; and the amendment which Iadvocate,ing based upon a right principle, that the citizens of the country shall rule the country, will only afford an additional inducement and stimulus for these people to become citizens as soon as the lapse of time will allow them to do so. So far from this being an objection to the amendment, I trust we shall have the help of the members from Indiana and all those northwestern members; that they will come to our aid and pass this amendment, although it may operate a little hardly upon themselves just at the present time.
Mr. VOORHEES. Vill the gentleman allow me to interru. t him for one moment?
Mr.VOORHEES. I have been listening to the gentleman with a great deal of interest, and I wish simply to ask him a question, so that his position may be clearly defined. I desire toknowwhether the gentleinan takes the ground that the unnaturalized foreigner, who, although he has not yet attained to citizenship, is allowed in some of the States to vote, should be stricken from the basis of representation. Is that the gentlemans position?
Mr. SCHENCK. I think thatthat wouldbe necessary. My propositidn is that hereafter, if we can succeed in making this the organic law, no person shall vote unless he be not only a male over 21 years of age but also a citizen of the U.S. I think it is time, if Wehave not had it sufficiently exressed heretofore in the Constitution of the U.S., that the great organic law of the nation should embrace such a provision. We have had ii. little experiment upon this matterin my own State. Illy the 1st constitution of the State of Ohio, adopted in 1802, every free white male inhabitant above the age of 21 years who had paid or been charged with a State or county tax was allowed to vote. That operated in uch amanner that our courts were compelled to adopt a forced construction and say that “inhabitant” meant a citizen 0" the U.S.
Mr. VOORHEES. I do not wish to interrupt the gentleman if it is not desirable. My questions are put in good faith.
The SPEAKER. The gentlemanshourhas expired.
Mr. VOORHEES. I move that the time of the Gentfrom Ohio beextended. There was no objection, and it was ordered accordingly.
Mr. VOORHEES. I wish to ask the gentleman how his proposition would operate on those soldiers who have not been naturalized and received into citizenship, but are voters because of their servicejn the war. Would it strike them out?
Mr. SCHENCK. No, sir. Every man who has fought for the country shall furnish that instead of the requirement of 5 years residence; that will make him a citizen.
Mr. VOORHEES. I understand the fact to be that in some of the States where, of course, it was not the intention to interfere with the law of Congress on the subject of naturalization, laws have been passed making soldiers who served in the Army voters; not naturalizing them, but making them voters. A State cannot naturalize alState cannot make a foreigner a citizen. The gentleman understands my point.
Mr. VOORHEES. The question is whether this proposition, which proposes to strike from the basis of representation all who are not citizens, does not strike out the soldiers who have not been naturalized, but who have been made voters on account of service in the Army.
Mr. SCHENCK. I understand that the law makes service in the Army an equivalent for 5 years residence.
Mr. SCHENCK. such is tholaw, thatproof of service shall stand in the place of previous residence in the country for 5 years. I am not afraid that they will be stricken out of the basis of representation; but I am thankful to the gentleman for any suggestion which will serve to call our attention to these men who have risked their lives and shed their blood for the salvation of the country. I think we will take good care of them on this side of the House, with the aid of the other side, if they choose to give it; if not, without their aid.
Mr. VO RHEES. We understand whatthat means. We are all ready to help you here.
Mr. SCHENCK. It is very unusual that we have any aid from that side of the House in regard to the rights of the soldiers.
Mr. VOORHEES. This is a day of new things.
Mr. ELDRIDGE obtained the floor, but gave way to Mr. HIGBY, who moved that the House adjourn. The motion was agreed to; and accordingly (at 4 oclock and 30 minutes p. m.) the House adjourned.
@@@IN SENATE SENATE. Tnunsnn, January 25, 1866. Prayer by the Chaplain, Rev. E. H. Gnav. The Journal of yesterday was read and approved. COMMITTEE SERVICE.
Mr. FOOT. I rise to ask to be excused from further service upon the ComPensions. I will state that it so happens thatl have been placed upon 4 of the standing committees of the Senate, besides one s cciel committee, and as I make it a matter o duty toattend all the meetings of all the committees upon which I have been placed, it occupies more of my time than I can well spare; and having intended, when some new members came into the body, to retire from one or moreof those committees, Itherefore now ask to be excused from further service on the ComPensions.
The PRESIDENT protempore Is it the pleasure of the Senate to excuse the Senfrom Vermont from further service upon the ComPensions for the reasons stated? The question being put, Mr. Foor was excused.
Mr. FOOT. I now move that the vacancy in the ComPensions be filled by appointment by the Chair. The motion was agreed to, by unanimous consent.
Mr. GRIMES. I am in the same category with the Senfrom Vermont, occupying a place upon 4 committees. I ask the Senate, therefore, to excuse me from further service upon the ComPubLands. The request was ranted.
Mr. GRIMES. move that the Chair be authorized to fill the vacancy. The motion was agreed to, by unanimous consent.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. McPnsasos, its Clerk, announced that the HoRep had passed a JtResolution (H.R.No. 53) authorizing the SecyWar to grant the use of a portion of military reserve on StClair river, in the State of Michigan for railroad purposes; in which it requeste the concurrence of the Senate. o CLERKS IN THE postoffice DEPT.
Mr. DIXON. I am directed by the ComPostOffices, to whom was referred the bill (S.No.96) authorizin an increase of the clerical force in the Post o cc Dept, to report it back without amendment and with a recommendation that it pass, and also to ask that it may be acted upon at this time, if there be no objection.
The PRESIDENT protem c. It requires the unanimous consent of thgrSenate to consider the bill on the day it is reported. There being no objection, the Senate, as in ComWhole, proceeded to consider the bill, which authorizes the Posturaster General. to employ 4 clerks of class one, 7 of class 2, 14 of class 3, and 4 of class 4,who are to be paid until the 30th of June, 1866, out of any money in the Treasury not otherwise a proriated.
Mr. GRIMES. I should like to know wh the passage of this bill becomes necessary. have seen no report from the committee on the subject, and have heard nothin" said in its behalf.
Mr. DIXON. I ask that the letter from the PostMGenl, accompanying the bill, and stating the reasons for it, may be read.
The Secretary read as follows: postoffice DEPT, WASHINGTON, January 19, 1866. Sin: I have the honor to transmitherewith for Your amtoval, the drafl. of a bill authorizing an addition to the clerical force of this Dept. The great increaseof clerical labor incident to the restoration of the postalservicethroughoutthesouthern States. addedto the largely increased postal business in the northern Stiltfij, as shown by the recent annual report of the operations of this Dept, has rendered the addition of clerical force called for by this bill necessary to the from tand satisfactory transaction of the business of this Dept. The number and classification of the additional clerkship s required have been careful arranged by the nhWopith eoafcthhoe 3 rs. paenedtimvethbumreyasueslf, aandor consulta I am satisfied that a less number than those asked for in this bill would not be snficient for the proper management of the businessof the Dept. Astbe scryicesof these additional clerks aregreatlyneededat this time, I trust that the bill may be actedupon with as little delay as possible. I shall be happ to nickefurther explanations to your committee. i desired, either by letter or in persoii. as may be most“ ii geable. bar t am, very respec, your oion scivan W. DENNISON, PostMGenl. Hon. J. DIXON, Chairman ComPostoffice, U.S. Senate.
Skip Skip The bill was reported to the Senate without amendment, orderengross for a 3rd reading, read the 3rd time, and passed. OREGON LAND DISTRICTS.
Mr. HENDRICKS. I am instructed by the ComPubLands, to whom was referred the bill (S.No.30) to create an additional land district in the State of Oregon, to report it back and recommend its passage with one amendment.
Mr. WILLIAMS. I ask for the present consideration of that bill. I think there can be no objection to its passage. It has been submitted to and approved by the ComrGLO.
Mr. GRIMES. I have not heard what the bill is which we are asked to consider.
Mr. HENDRICKS. I will state, in replyto the Senfrom Iowa, thatitisa bill to create an additional land office in the State of Oregon. Some of the settlers up the Columbia river have to travel now about 300 miles to enter their lands. The ComrGLO tells me that there are important settlements in that locality, and that they ought to be provided with another office. t increases the public expenditures $1,000 and the expenses of the office, such as rent, fuel, and stationery.
Mr. GRIMES. I have no objection. By unanimous consent the bill (S.No.30) to create an additional land district in the State of Oregon was considered as in ComWhole. It proposes to authorize the POTUS to establish an additional land district in the State of Oregon and to fix its boundaries, which district shall be named after the place at which the office shall 1st be established; and the President is from time to time, as circumstances may require, to adjust the boundaries of the various land districts in that State, and to change the seat of the land office. A register and receiver are provided for, to reside at the site of the Office, to receive the same fees and perform like services as other land officers in that State. The amendment of the ComPubLands was, in line 14 of section one, to strike out the word “ seat” and insert “location, ” so as to make the clause read, “and to change the location of the land office from time to time.” The amendment was agreed to.
Skip Skip The bill was reported to the Senate an amend edand the amendment was concurred in. The bill was orderengross for a 3rd reading, and was read the 3rd time, and passed. BILLS INTRODUCED.
Mr. MORRILL asked, and by unanimous consent obtained, leave to introduce a bill (S. No.97) in addition to the several acts for ca tablishing the temporary and permanent seat of Government of the U.S., and resume the legislative powers delegated to the cities of Washin n and Georgetown, in the DistCol; which was read twice by its title, and ordered to be printed.
Mr. WILLEY asked, and by unanimous consent obtained, leave to introduce a bill (S.No.98) to incorporate the Metropolitan Fire and Marine Insurance Company of the DistCol; which was read twice by its title, and referred to the ComDistCol.
Mr. NESMITH asked, and by unanimous consent obtained, leave to introduce a bill (S.No.99) granting lands to the State of Oregon to aid in the construction of a military road from Albany, Oregon, to the eastern boundary of said State; which was read twice by its title, and referred to the ComPubLands.
Mr. WILLIAMS asked, and by nnnnimoul consent obtained, leave to introduce a bill SS.No. 100) to establish a post road from lValln a, in Washington Territory, to Helena, in Montana Territory; which was read mice by its title, and referred to the ComPostOlhceo. ORDER OF BUSINESS.
Mr. WILSON (while the committees were being called for reports) submitted a motion to take up for consideration the bill (S.No.88) to restrict the expenses of collecting soldiers claims against the Government.
Mr. DOOLITTLE. lfthemorning business is disposed of, I desire to call the attention of the Senate to a bill in relation to the qualification of jurors in certain cases in the courts of the U.S., which was up for discussion a few days since, and was postponed until this morning by a vote. I ask that that bill be now called up, and that if there be not time to dispose of it this morning, it be postponed until tomorrow at one oclock.
The PRESIDENT protempore The Senfrom Massachusetts is perhaps by courtesy entitled to the floor on the motion made by him to take up a bill, which motion he waived at. the time, at the suggestion of the Chair, to allow the morning business to be one through with.
Mr. DOOLITTLE. I wi 1state to the Senfrom Massachusetts that the bill to which I have called attention was on motion set down for today. I understand, however, that the Freedmens Bureau bill is still pending before the Senate, and is expected to be disposed of today. I ask the Senate, therefore, to take up this bill now and set it for tomorrow, so that it shall not stand in the way of the Senfrom Massachusetts.
Mr. TRUMHULL. It is expected that the Freedmens Bureau bill will be disposed of today; but there is another bill reported from the Committee on the judiciarywhic has somecon nection with the Freedmens Bureau bill; many of its revisions are of the same character and inten edto be general in their operation; and it is my intention, if I can et the consent of the Senate, to press that bil upon the consideration of the body as soon as we shall have disposed of the Freedmens Bureau bill. I think it will take less time then. Man of the questions which have been already discussed upon the Freedmens Bureau bill are the same as will arise in the consideration of the other bill, and I trust the Senate will allow the other bill to come up and be disposed of immediately after the freedmens Bureau bill shall have been gotten out of the way. I shall therefore object to setting this particular bill or any other bill for tomorrow at one oclock.
Mr. STEWART. I object to setting this bill for any particular da, because I desire to secure action on the hi 1 for the admission of colorado. I gave notice that I should call it up yesterday; but I had no opportnnity to do so, and I propose to wait until the 2 very important biils referred to by the Senfrom Illinois shall have been disposed of. I desire that the bill for the admission of Colorado shall follow them next in order of time. I am opposed tg allowing the bill named to come in between them.
Mr. DOOLITTLE. I did not expect that there would be time this morning to dispose of the bill to which I have referred, and I do not. wish to have the residue of the morning hour taken up in talking about it; and therefore, expressing my hope that it will be taken up at an early day, I withdraw the motion. NORTHERN KANSAS RAILROAD.
Mr. LANE, of Kansas, submitted the following resolution; which was considered by unanimous consent, and agreed to: Ieaolved That, the comPubLands be directed toinguire into the expediency of granting ten sectionsof land to the mile to thestate of Kansas, to aid the NOrthernKansas Railroad Company in the construction of a Elwood, railroad and telegrn.)Il line from the western terminus of the I annibnl and StJoseph railroad, through the northern counties of the State of Kansas via Marysvillc, to intersect the Kansas branch of the Pacific railroad, to report by bill or otheiWisc. HOUSE BILL REFERRED. The JtResolution (H.R.No. 52) authorizing the SecyWar to grant the use of a portion of military reserve on StClair river, in the State of Michigan, for railroad purposes, was readtwice by its title and referred t of the ComMilAffrs . COLLECTION OF SOLDIERS, CLAIMS.
Mr. WILSON. I will simply say that the committee struck out commisSioned officers for the reason that it was supposed the commissioned officers could protect themselves and make their own bargains, and would be less liable to be imposed upon than soldiers. In the next place, many of the commissioned officers have accounts open with the quartermasters Dept and the ordnance Dept; and the amount of labor necessary to collect those accounts is very much larger for officers than for soldiers. Teclaims of the latter are generally very simplematters.
Mr. CLARK. None of them are worth a copper, says the Senfrom NewYork. This bil will not reach them at all. There is a mischief that we cannot reach or cure, to say nothing about the objection made by the Senfrom Delaware. I do not propose to touch upon that objection; but on the expediency of the thing, I think you must have something a little more efficient than I fear this bill will be; I do not know what it should be.
Mr. WILSON. Will the Senator allow me to ask him a question?
Mr. WILSON. I will ask the Senator if he has ever learned that an difficulty has arisen on account of our fixingt e fees of the pension agents? We fixed the fees of pension agents, as you, sir, will remember, for I believe you reported the bill, in 1861. There will be found to be quite as much labor, and I think a great deal more, in preparin the papers to obtain a pension than to obtain ack a or bount, and yet we fixed that fee at ten dollars, and have never heard that there was any trouble about it. We have no comlaints from an quarter about the obtaining o pensions, but the ra are complaints all over the country in regard to the collection of back pay and bounties by these agents. In this connection, let me state one fact. Some 3 weeks ago, I received a letter from a woman in the city of NewYork, stating that she had confided to a concern in this city her claim to be collected. She had reason to think it had been paid. I sent the paperto the Au ditors Office, and found the money had been aid, and after a correspondence between the Dept, myself, and this woman, running through 3 or 4 weeks, I found the fact to be that this agent had obtained a woman to swear that she was the properperson, and had pocketed the money himse f.
Mr. SUMNER. What is the name of the agent?
Mr. WILSON. He was apartnerof the person of whom I have already spoken, but do pot know that that person was at all to blame or it.
Mr. CLARK. This bill would not reach that case.
The PRESIDENT protempore. The question is, “Shall the bil ass?” and upon that question the Senfrom Kentucky, [Mr. avrs] is entitled to the floor.
Mr. SHERMAN. I have no desire to delay the passage of the bill by saying anything on its merits; but a statement has been made to me by a person from SCarolina bearing a letter from an acquaintanceof miue in the HoRep, that I desire to submit to the Senate for its action. It seems that one section of this bill, probably the 4th section, relating to the title to certain lands in SCarolina, has excited a good deal of attention in that State. It is known that that State has no Representative here, no one to speak for the white people or the black people t 10111. 1he Governor of SCarolina, under the recon5tgucting movement, has written it long letter, intended for Congress, which is now in the hands of a printer for the purpose of being printed. What its contents are do not know; but at any rate it bears upon that directquestion. The gentleman who bore that letter from Governor Orr told me that it would be printed by tomorrow morning. I submit the question to the Senate, whether they are willing to (postpone the final vote on this bill until that document can be before them; I have no opinion in regard to that point. I do not know that a perusal of the document would change the opinion of any member of the Senatein regard to the bill; but it is due to Governor Orr, and it is due to the subject, that I should mention the matter to the Senate, as I promised to do. I do not think any harm will result from our laying this bill over informally until tomorrow; and by tomorrow morning the paperto which I have alluded, whatever it may be, will be laid upon our tables. I submit the matter to the chairman of the ComJudiciary.
Mr. TRUMBULL. if it was a simple question of laying over the bill until tomorrow, and no public considerations were involved in it, I should presume there would be no disposition to hasten a vote upon it today: but the condition of the bill is such that it cannot nowbe amended; and this is not the last action upon the bill; when we pass it it goes to the HoRep, to be there considered, and whatever considerations may be presented in the letter of the Governor of the reorganized authorities in SCarolina can go before the committee of the HoRep. If this were final action it would be different. If this were a House bill now upon its passage here, which was to become a law and pass from our consideration, and an application was made by a person having some interest in its provisions to be heard, it would be different. But this is not the final action to be taken by congress upon the bill. It will go to the HoRep after we pass it for consideration there. We cannot change or alter the bill at its present stage without a reconsideration of our action and opening it for amendments generally, or perhaps without a recommittal of it; and the result would be that we should have over again the debate which has occupied the Senate for the last week or two. It is known to the Senfrom Ohio that we were delayed nearly the whole day yesterday on amendments that were proposed, and upon which the yeas&nays were repeatedly called. Under the circumstances I do not see that anything is to be lost to the people of SCarolina by our acting today.
Mr. DAVIS. I suppose there will not be any objection from any quarter to the proposition which the Senfrom Illinois now makes.
Mr. TRUMBULL. Even without a chance. I do not imagine he will be very seriousl dam aged by what the Senfrom Kcntuc ry has said. Did the Senator ever look at the brinal law to see whether it reached Kentucky? hat is its language? "That there is hereby established in the War Dept. To continueduringthepresent war of rebellion and for one yearthercallcr. 1 Bureau of Refugees Freedmen and Abandoned Lands, to which shall be committed, as hereinafterprovided, the supervision and mana cment of all nbundoned lands and the control ofa] subjects relatintrto refugees and freedmen from rebel States, or from any district of country within the territon wbraced in the operations of the Army.” Was not Iaducah embraced in the operations of the Army? The original Freedmena Bureau bill was not confined to the rebellious States; it was confined to the refugees and freedmen from thbse States and from localities occupied by the Army, and that is all there is in the present bill. It extends to refugeesaud freedmen wherever found; so did the original bill, and there is no usuration in the authority which has been assume in the State of Kentucky. What I have now said embraces, I believe, all the points of the long gentlemans speech except the sound and fury, and that I will not. undertake to reply to. Several Snxxroas. You mean the short gentlemans long a ech.
Mr. TRUMBTILL. Did I say short? If so, it was a very great mistake to speak of anything connected with the Senfrom Kentucky as short. [Laughter]
Mr. DAVIS. It is long enough to reach you.
Mr. TltUhIBULL. The hour having arrived which was agreed upon by the Senate for taking the vote upon this bill I shall not continue my remarks, but trust that we shall now come to a vote upon it.
Mr. JOHNSON. I have no purpose to debate the bill, and rise with no such view; but I suggest whether it would not be better to let it go over until tomorrow. It makes no dilierence in the result.
Mr. TRUMBULL. I have already given my opinion that there is no reason for its going over.
Mr. JOHNSON. I was not addressing my self so much to the Senator as he may suppose I was appealing to the Senate. I understand from my honorable friendfrom Ohio [Mr. SHERMAN] that there is a committee here from the Governor of SCarolina with a communication from him on the subject of this bill: I do not know what it is: but all the request that is made is that we shall be put in possession of the information they communicate before the finalvoto 18f56. 421 is taken. It is true the communication may be presented in the HoRep; but then it may be that the House would find nothing in that communication to change their opinion in regard to the bill, when the Senate might think otherwise and might change its action if it had the subject before it. I suppose that whether the bill passes today or tomorrow can make little or no difference so far as the bill is concerned. It really seems to me that when the Governor of a State, the people of which are interested in a bill, asks an opportunity to allow them to be heard, and asks for that purpose only a delay for a few hours, it would be at prower, unless some public interest is to be defeated by it, that that request should be complied with. 1 make the suggestion with no purpose of defeating the bill have no such purpose; I have said all I propose to say about the billbut merely that the Senate should be in a situation to decide understandingly on the whole matter. It may be that there are matters connected with this subject, as far as relates to SCarolina, of which the Senate now know nothing, that would, if we had them before us, change the views of the Senate in some respects.
Mr. Trumbull. It will not be too late for the Senfrom Maryland to move a reconsideration tomorrow if he wishes to do so, in case the bill be now passed and there shall be found to be anything in this communication requiring it. All there is about it is that some gpntleman who has arrived here in the city of ashington tells us that he has got a communication from the Governor of SCarolinain regard to the abandoned lands there, and he as (s Congress to delay7 its public business and postpone a measure which has been considered or 2 weeks, that he may have a letter published. The letter, I understand, is not addressed to conrcss. I resume it is a very Valuableletter; should like to see;it I should like to get all the information Ican. I have not seen the letter, but I am informed by the person who brings it here that he has a etter addressed to the resident. It is not addressed to Congress. When he applied to me I told him that if he would furnish me a copy of the letter I would have it read in the Senate, but he informed me that as it was not an official letter, addressed to Congress, he did not feel justified in doing so. I see no reason for deaying the legislation of Congress on any such assumption. This is not a finality. I understand that the letter, whatever it is, is to be published, and the Senator can move a reconsideration tomorrow; or if there is anything in the letter worthy of consideration, the other House can consider it. This, I think, to say the least of it, is not a very modest request to lay before the Senate.
Mr. JOHNSON. I am very sorry to differ from the honorable Senfrom Illinois. Perhaps I am as little likely to be immodest as he is. I am not. sure that I have done anything that would justify the honorable Senator in saying that the request I make is not a modest one. It is a requestmerely that we should defer final action until the State of SCarolina through its GOvernor shall be heard. It is trueI was aware of thatthat a motion to reconsider can be made in the mornin; but as I do not propose to vote for the bill, do not like to vote for it merely for the purpose of being in a position to be able to move a reconsideration. I have no objection, however, to the course suggested by the honorable Senator if he will agree tomorrow morning to move a reconsideration. The Senator will vote for the bill, and if he will move a reconsideration, I shall be satisfied.
Mr. CONNESS. I will do that for the Senator.
Mr. JOHNSON. Very well, then; I have no objection.
Mr. Trumbull. It is due to myselfto say that in using the words “ modest renest, ” I did not. intend to apply my remark to the Senfrom Maryland. I applied it to the request 7 that came from the scent.
Mr. TRUMBULL. I do not think my words would have justified that application. I certainly made no such application. I thought it was not, to an the least, a very modest request an the part of the agent who came here with a letter addressed to the pOTUS to come to members of the Senate and ask them not to pass a bill until he could have that letter published, and laid before them, when it was not a letter addressed to Congress.
Mr. JOHNSON. I am perfectly satisfied. I should not have supposed that the honorable member intended any slight to me, but I thought it barely possible that it might be understood otherwise by persons within the hearing of the honorable Senator. I know him well enough to know that. he is incapable of offering any offene designedl to any member of the Senate.
Mr. SAULSBURY. I ask for the yeas and as s on the passage of the bill. he yeas&nays were ordered; and being taken, resultedyous 37, nays 10; 3. So the bill was passed.
ThePPtESIDENTprotemporc. Ifnoamendment be proposed to the title of the bill, it will stand as reported, namely: abillto enlarge the powers of the Freedmens Bureau.
Mr. DAVIS. I move to amend the title by substituting this for it: a bill to appropriate a portion of the public land in some of the southern States and to authorize the U.S. Government to purchase lands to supply farms and build houses upon them for the freed negroes; to promote strife and conflict between the white and black races; and to invest the Freedmens Bureau with unconstitutional powers to aid and assist the blacks, and to introduce military power to prevent the Commissioner and other officers of said bureau from being restrained or held responsible in civil courts for their illegal acts in rendering such aid and assistance to the blacks; and for other purposes.
The PRESIDENT protempera. In the opinion of the Chair, the proposed amendment is not in order. The”halr will state that the original title of the bill will stand as the title, unless objected to.
Mr. DAVIS. I ask the Chairto intimate on what ground the amendment is not in order. Why is the proposition to amend the title which I have reused not in order? The R "SIDENT protempore. The Chair thinks that the proposed amendment is not in order, as it is inconsistent with the character of the bill, in elfect pronouncing it unconstitutional; pronouncing it a bill to promote strife, sedition, and tumult; it is certainly derogatory to the Senate, a reproach to its members, to have passed such a bill. If the Senate so understood it, they would not have passed it. The proposed title of the bill is not consistent with its provisions as understood by the senate, and as the Chair is bound to understand itit is not descritive of its true character.
Mr. DAVIS. did not know that it was in the competency of the Chair to decide that question. Isu posed that if the Senate thought such was the cliaracter of the amendment the Senate would vote it down: that is the function of the Senate to decide that matter, and not the function of the Presiding officer.
The PRESIDENT protempore It is certainly competent for the Senator to take an appeal from the decision of the Chair. The Chair is very happy to say that its decision is not final.”
Mr. DAVIS. I do not understand that the Chair has the right to make any such decision, and for that reason I do not make any such appeal is
Mr. TRUMBULL. I believe there is nothing before the Senate. I move that the
The PRESIDENT protempore The qnestion is on the title of the bill. The Chair does not mean to cut off any Senfrom having his views brought in full before the Senate, and decided by the Senate, instead of being cut olf by any decision of the Chair.
Mr. MCDOUGALL. I think the opinion of the Chair has been well pronounced. The Chair is the representative of the dignity of the Senate, and is to say what becomes the body. This is a matter that concerns our own digni! y as Senators. The Chair has well pronounced. The suggestion that is involved in the amendment is an insult to the action of the Senate; or if not an insult, it is at least offensive. It was therefore well adjudged by the Presiding officer that it is not within the rules of order, because it is the business of the officer who presides over this body to see that the dignity of the bod is maintained at all times.
Mr. TR)IBULL. I believe that matter is disposed of.
The PRESIDENT protempore. The question is yet upon the title of the bill. Unless objection bemade the title will stand as reported by the committee. That stands as the title. PROTECTION OF CIVIL RIGHTS.
Mr. TRUMBULL. I now move that the Senate proceed to the consideration of the bill (S.No.61) to protect all)ersons in the U.S. in their civil rights and furnish the means of their vindication.
Mr. HOWE. I do not propose to object to the taking up of that bill at the present time, but I wish to remind the Senate that on the 10th day of this month I had the honor to introduce a JtResolution, and was allowed by the Senate to submit some comments upon it. That is not a very unusual procedure. There have been since that time, however, 2 or 3 speeches made in opposition to the resolution. It has not yet reached the committee. The Senfrom Maryland, [Mr. J ouxsos] on the day succeeding that on which I introduced the resolution, spoke upon it and at the close of his remarks I took the floor with the view of submitting some briefreply. Senators about me asked me to give way to a motion to adjourn, and reluctantly I did so. On the next day, it will he remembered, the Senfrom Maryland was obliged to be out of town, and at his request I postponed the consideration of the resolution that he might be present when I did attempt the reply whrich I contemplated. before his return the bill which has just been passed by the Senate intervened, and since that time I have not ventured to ask the Senate to renew the consideration of that resolution. I rise now for the purpose of saying that tomor row at one oclock I shall ask the Senate to take up that resolution and allow me to submit some remarks in reply to the Senfrom Maryland, and also to my colleague, and then I shall be entirely willing that it shall go to the committee, as I proposed in the 1st instance, or that any other dispOsition may be made of it which the Senate shall see fit to make. I shall not object, of course, to the taking up of the bill of the Senfrom Illinois at the present time, but I hope tomorrpw he will not make any objection to the request which I now subnut.
Mr. GUTHRIE. I think that after the time we have devoted today and heretofore to the hill just disposed of, the Senfrom Illinois ought to allow us to adjourn now without taking up any more of his bills. I move that the Senate do now adjourn.
Mr. DIXON. I move that the Senate proceed to the consideration of executive business.
Mr. TRUMBULL. I hope not until we ct this bill up. The bill is not yet up. Lett o bill come u, and then I shall not object. The PR. SIDENT profempore. T lemotion of the Senfrom Kentucky is that the Senate do now adcuru.
Mr. GUTHRIE. I withdrawit it the Senfrom Connecticut wishes to press his motion.
Mr. TRUMBULL. I hope the Senator will not press that until we get up this bill, and then I shall not object. I wish the bill to be taken up that it may be the order of the day for to I renew my motion for an tnorrow.
Mr. DIXON. I withdraw my motion at present. The motion of Mr. Tauunuu. was agreed to. EXECUTIVE SESSION. On the motion of Mr. DIXON, the Senate proceeded to the consideration of executive business; and after some time consumed therein the doors were opened, and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. Tnunsnnv, January 25, 1866. The House met at 12 oclock m. Prayer by the Chaplain, Rev. C. B. Houston. The Journal of yesterday was read and approved.
Mr. LAFLIN, from the ComPrintg, submitted the following report, and demnnded the previous question on the adoption thereof:, Remloed. That 25,000 copies of the report of Generals U.S. Grant and Carl Sc urn, with the accompaning documentsupon the condition of the late robellious States. be printed for the use of membersof this House.
Skip Skip The demand for the previous question was 2nded, and the main question ordered; and under the operation thereof the resolution was agreed to. Mr. LAFLIN mtRtv the resolution was adopted; upon the table. Agreed to.
Mr. WASHBURNE, of Illinois, demanded the regular order of business. BUREAU OF AGRICULTURE.
Mr. MOULTON, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Resolved, That the Commissioner of the Bureau of Agriculture be and he is hereby. requested to communicate to this House irst. the amount of moneythat has been received from anysourcebyhis bureau sincehe has had eharge of the same. 2ndly. astutementin detail ofthodisbursements and expenditures of said bureau during the same me. 3rdly, the yearly costto the Govornment of said 311185“. including evory expenditure connectedwith o name.
Mr. MOULTON mtRtv the resolution was adopted; upon the table. Agreed to. NATIONAL BANKS.
Mr. WASHBURN, of Massachusetts, by unanimous consent, submitted the followiu resolution; which was read, considered, and agreed to: Resolved, That the committee onBanking and Ourrenoy be requestedto considerthe expediencyof so amending the national bank ng act as to provide by law that in case any banlr csires to surrender its tcohad rotesroawnidtheinlosaeruepasitosubaubslientcismse. i. t shall be enabled INTERNALREVENUE.
Mr. INGERSOLL, by unanimous consent, introduced a bill to amend the laws for the collection of internalrevenue; which was read a 1st and 2nd time, and referred to the ComWays&Means. BEMUNERATION FOR LOSSES AT SEA.
Mr. RICE, of Massacliusetts, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: strRuecmteinddto. i. nTqhuaitrethe ComCommercebein into the expediencyof providing by law for remunerating owners of property thrown overboardor otherwise destroyed at sea. in order to ppreerisle, rve human life in casesof shipwreck or other and that they have leave to report by bill or otherwise. PRIVILEGE OF THE FLOOR.
Mr. FINCK, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: 3 sseoalvt endo. wThat Hon. Charles Follctt. contesting the 13 thhold by Hon. Conuusus DILANO, lrom districtofOliio. be entitled to the privilogesof the floor during the pendency of the considoration of said contest.
Mr. FINCK mtRtv the resolution was adopted; upon the table. Agreed to. RESERVED LANDS IN MICHIGAN.
Mr. FERRY submitted the following resolution; yhich was read, considered, and agreed to: Whereas by reservations under various railroad grants and subsequentextensionsof time for the construttion of railroads, large tracts of land in the State of Micliiuan are withhcl from market. to the detriment of the Stato. byseriouslyobstructingsottlement and vitally impeding its growth and wealth;. Therefore. Resolved. That the ComPubLands be instructed toconsiderthepropriety of restorinz. atan early day these lands tomarketat. apricenotexceeding that fixed by Government for evenand a oining sections and the proceedsthercofheld. inste of the lands. for such railroad purposes. the State concur ring; and that the committee report by bill or otherwise. SUFFRAGE IN the dISTCOL.
Mr. FARQUHAR, by unanimous consent, submitted the followmg resolution; which was read, considered, and agreed to: Resolved. That the ComDistCol bere uostedto reportan amendmentto the election laws of the DistCol with properprovisionsexcludingfrom the rightof suffrage allpersons who have voluntarily borne arms against the U.S. during the late rebellion. TEST OATH.
Mr. BENJAMIN submitted the followin resolution; which was read, considered, and agreed to: Whereas it appearsfrom reportsof the SecyTreasury and the SecyWar to the Senate and HoRep. in responseto certain resolutions. that certain persons have been uppointed to and areperforming the duties of officers of the Government of the U.S. without having taken the oath required bylaw; Therefore, Resolved. That the ComJudiciary be instructed to inquire and report to this House if any of the officers so appointed are required bylaw to excbeountdesaorlhecliiualbbloenfdosr, aannyd bfirrema. cihf the securitiesto such thereof.
Mr. BENJAMIN mtRtv the resolution was adopted; upon the table. Agreed to. DAVID T. STEPHENSON.
Mr. KERR, by unanimous consent, introduced a bill for the relief of David T. Stephen son; which was read a 1st and 2nd time, and referred to the ComInvalidPens. nonss RAILROAD IN MICHIGAN.
Mr. SCHENCK, by unanimous consent, from the ComMilAffrs, reported back, with the recommendation that it do pass, the JtResolution of the House authorizing the SecyWar to gmnt the use of a portion of the military reserve on the StClair river, in the State of Michigan, for railroad purposes.
Mr. SCHENCK. The town of Port Huron Port Huron City, as it is calledin Michigan, is at a distance of 2 miles from the do 01:of the railroad leading to it. There is a military reserve belonging to the U.S. lying between the railroad depot and the town. It is desired to have the privilege of running cars through this military reserve in order to reach the town from the depot, for the convenience of the inhabitants of the town and passengers on that railroad. The whole matter hasbeen referred to the SecyWar, to ascertain whether there exists in the War Dept any objection whatever to granting this privilege. it is ascertained that there is no reason why it should not be nted. It will not interfere in any way wi the use of the ground for public purposes, and there is no objection that the committee can ascertain to granting the privilege.
Mr. WASHBURNE, of Illinois. I should like to hear the JtResolution read.
The Clerk read the JtResolution. It authorizes the SecyWar to grant to Gurdon o. Williams, of the city of Detroit, in the State of Michigan, and his associates, the use of so much of the military reserve on the StClair river. in the State of Michigan, known as the site of Fort Gratiot, as is necessary for extending a horse railroad from Port Huron City to the depot of the Port Huron and Detroit railroad, at such rental and upon such terms and conditions as to him may seem proper, reserving to the U.S., however, the right of removing the rails, ties and other parts of said road whenever the SecyWar shall direct, without any claim or right for damages on the part of the said Williams and associates, or their egal representatives.
Skip Skip The JtResolution was orderengross and read a 3rd time; and being on grossed, it was accordingly read the 3rd time, and passed. Mr. SCHENCK mtRtv the JtResolution was passed; upon the table. Agreed to. increase OPPENSIONS.
Mr. SCHENCK, from the ComMilAffrs, moved that that committee be discharged from the further consideration of the following petitions, and that the some he referred to the ComInvalidPens: The petition of 18 soldiers who have lost arms or legs in the military service for increase of pensions; and The petition of Hon. T. W. Powell and 56 others, citizens of Ohio, for pensions to the surviving soldiers of the war o 1812. The motion was agreed to. REPRESENTATION IN CONGRESS.
Mr. WILLIAMS asked unammous consent to submit the followm resolution for reference to the Committee on tcJudiciary: Resolved, That it be proposedto the several States of the Union to amend the constitution of the U.S. in the 1st clause of tho2ndsection of the Prislt article thereof, so as to make the sameread as o ows:. The HoRep shall he composed of memberschosen ever 2nd year by the people of the severalStates. an the electors in each State shall have such qualifications as shall be prescribed from time to time by a general lnwof Congressto be enactedfor that purpose. Also, to amend the last clause of the oighthsection of the 1st article thereof. so as to make the same road as follows: To make all laws which shall be necessaryfor ear rying into execution all powersvestedby the constitution in the Government of the U.S or in an Dept or Officerthoreof and enforcing all obitions. provisions. ordisabilities miposedthereby on t a several Statescomposing the some.
Mr. LeBloND objected. CENSUS OF MANUFACTURES.
The SPEAKER laid before the House a communication from the SecyInterior, transmitting atbular statement of the manufactures in the U.S. in response to a resolution from the House of anuary 17, 1866; which was laid on the table and ordered to be printed.
Mr. HOGAN moved that 20,000 extra copies of said communication be printed for the use of the House; which motion, under the law, was reieried to the ComPrintg. NORTONS POST orrres STAMP.
The SPEAKER also laid before the House a communication from the PostMGenl relative to Nortons post stamp; which was referred to the ComPostOffice, and ordered to be printed.
Mr. STEVENS and Mr. RITHER demanded the regular order of business. BASIS OF REPRESENTATION.
The SPEAKER stated the regular order of business to be the consideration of the follow 1866. 423 each 0ting JtResolution reported by the JtComReconstruction: Resolved by the Senate and HoRep of the U.S.A. in Congressassembled, 2/3rds of both cases concurring.) That the following article he proposedto the Legislaturcsof the several States as an amendment to the constitution of the U.S.; which, when ratified by 3/4ths of the said Legislatures shall bevalid as partof said constitution. namely: ARricuz. Representatives and direct taxes shall be apportioned among the several Stateswhich may be included Within this Union according to their respectivenumbers, counting the whole number sonsin each State. Excluding Indians nottaxed flicrrn oided, That whenever the elective franchise shall be denied or abridged in any Stateon aecount of race or color. all persons therein of such race or color shall be excluded from the basisof representation. The pending question was on the motion of
Mr. Li: BLOND to refer the jtresolution and ppnding amendments to the ComWhole on the state of the Union, upon which Mr. ELDRIDGE was entitled to the floor.
Mr. DAWES. I wish to inquire of my friendfrom California, how many people can be deprived of political rights and J the State government still o republican in form?
Mr. HIGBY. Does the gentleman want to evade m proposition? If he denies what I have sai, let him do so. I have made a pos itive declaration. I do not want him to ask me some other question. He may answer as many of the questions as he pleases at another time, butlet imanswer my point right here.
Mr. DAWES. It occurred to me that the gentleman, having looked into this question, would be able to tell us at what particu arpoint, that is, what proportion of the population a State may distranchise and still have a RFG. I want to draw his attention to that)oint.
Mr. HIGBY. ldo not believe that any State which excludes any class of citizens on account of race or color is republican in form.
Mr. DAWES. I agree entirely with the gentleman. Then I suppose he does not deny that the constitution of his own State is not republican in form.
Mr. DAWES. Iam glad to hcarthe gentleman say so; and I am glad that I interrupted him.
Mr. HIGBY. 1 do not believe there is a single State in the Union, except it may be one of the NewEngland States, which is an exception to that general rule. I understand that the State of Illinois does not allow negroes to come into that State. I shall not shirk any respon sibility in thesatimes when we are settling great questions. We have had our lessons, and we had better improve them.
Mr. HIGBY. Yes, sir. I may be mistaken about Illinois.
Mr. FARNSWORTH. The gentleman has said that Illinois did not allow negroes to emi grate into that State. It is a mistake. There was a provisioningrafted into the constitution of 1848 requiring the Legislature to pass laws to prevent the emigration of negroes into that State; but the Legislature has not passed such laws and all the laws which were upon our statutebook making a distinction in regard to color have been wiped out. Negroes do now go there.
Mr. HIGBY. I am glad to hear the expla nation.
Mr. HENDERSON. Iwill say, in support of the position of my friendfrom California, that the constitution of Oregon excludes negroes.
Mr. HIGBY. I am sorry to hear it. We all know what an effort was made to make Oregon a slave State.
Mr. DAVIS. Does the gentleman consider the States which have not a RFG as out of the Union?
Mr. HILL. Will the gentleman yield for a question?
Mr. HIGBY. With pleasure for any question that is pertinent.
Mr. HIL. I have listened to the gentle mans statement, that in his opinion t mm is scarcely a RFG in any of the States of the Union. simply desire to inquire whether he would favor us with his opinion as to what would be a RFG.
Mr. HI GBY. Well, Mr. Speaker, I am sorry if the gentleman has lived to his time of life and has obtained a position in this House as the flop Representative of a large constituency without find in out what a RFG is.
The SPEAKER. Does the Gentfrom California yield the floor?
Mr. HIGBY. I cannot, because it is not is pertinent question. I have stated that in 2 States in the Union there has been a palpable violation of the principles contained in the constitution. I will ask the gentleman if he thinks that those States that have excluded and disfranchised more than half of their native population have a RFG?
Mr. HILL. The gentleman has propounded to me a question, and I will answer it by saying that in my opinion, when the framers of the constitution placed in that instrument the declaration or the provision that the Government of the U.S. would guaranty to each State a RFG, they spoke with reference to such governments as then existed, and such as those same framers recognized for a long time afterward as republican governments. That is my answer.
Mr. HIGBY. Well, that is a very gopd answer. It is an answer from a standpoint 75 years ago. I speak from the stand point of the present time.
Mr. HILL. If the gentleman will permit me to make one further statement in regard to our former colloquy I will be obliged to him. It is simply this: that the gentleman probably misun erstood me when I interrupted him lie fore in supposing that I had no opinion on the question of what constituted a RFG. That was not my statement. only asked the gentleman to give us the bone fit of his opinion. That was what I wanted not that I adno opinion.
Mr. HIGBY. the Gentfrom Massachusetts [Mr. Dawns] asked me the question, and I answered it definitely. The gentleman may not have been listening when I made my answer.
Mr. HILL. I beg the gentlemans pardon if such is the fact, for I did not know it.
Mr. HIGBY. My answer was that no State is republican in form that excludes from the suffrage any portion of its citizens on account of race or color, I do not care how few the number. That was my answer. I do not know but that some of these States may have their constitutions republican in form, but I must confess that their practice under their constitutions has been very diEerent from the recepts contained in them. I judge by eir action and practice. Sir, I do not dwell upon this for the purpose of advocating the amendment that has been introduced by the Gentfrom Ohio, [Mr. Lswnnson] because, as I have before said, I am not so strenuous as to the form that shall be used or the basis adopted, provided that it shall get rid of this odious language that will ive a construction to other portions of the constitution. The Gentfrom Maine, [Mr. BLAINE] a few days ago, made a short and very apt speech upon this question, and confined himsel properly to his subject. I was pleased vweitry the manner in which he handled the subject, and I was not aware that he was so wide in his fi area until I made an examination afterward. I new be was wide in his figures and away from the facts with reference to my own State, but I could not speak with reference to other States.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. W. J. MCDONALD, its ChiefCleik, informed the House that the Senate had missed a bill (S.No.80) to create anadditional land district in the State of Oregon; and also a bill (S.No.96) authorizing an increase in the clerical force in the Post Ofice Dept; in which he was directed to ask the concurrence of the House. BASIS OF REPRESENTATIONAGAIN.
Mr. MORRILL. I presume the Gentfrom California desires to be accurate in his statements, and so far from the vote of Vermont being an accurate or fair test of the number of the male population in the State, it is very far from being so. The male citizens of the State over 21 years of age number something like 87,000, while it is very seldom that half of them are brought u to the polls even on a contested election. n Ver mont there is such a strong preponderance of the Union or Repnblican party that it is no object for that party to bring all its members to the polls.
Mr. STEVENS. If the gentleman proposes to send it back to the committee without instructions, I would ask him what we are to do. There are not quite as many views upon this floor as there are members: but the number lacks very little of it and how are we to ather up all those views spread through all this discussion, and accommodate all, when each view would now probably receive from one to 3 votes in its avor I
Mr. HIGBY. Ihaveonlythis to say j, with my views of the constitution, 1 never can vote for this proposition with this provisio in it in its present Ianguage. I say that it gives a power to the States to make governments that are not republican in form.
Mr. STEVENS. I say to my friend that if Ithought that accordin to any portion, or verse, or chapter of Lindley array, by any fair construction of language, such an interpretation could be given as he gives, I would vote against it myself. But I do not believe there is anything in that objection.
Mr. HlG BY.” Provided, that whenever the elective franchise shall be denied or abridged in any State on account of race or color, all persons of such race or color shall be excluded from the basis of representation.”
Mr. STEVENS. may I ask my friend one question? Does that to e from or add to any powers which the States now have?
Mr. HIGBY. I beg pardon of the gentle man; he cannot get rid of this proposition in that way. I ask him distinctly if it does not acknowledge a power in a State to do such a thin.
Mr. STEVENS. Yes, sir, it does acknowl edge it, and it has always existed under the constitution.
Mr. HIGBY. I do not acknowledge that it is in the constitution as it now is.
Mr. STEVENS. Then we do not give it to them.
Mr. FARNSWORTH. Will the Gentfrom California [Mr. HIGBY] allow me to make a suggestion to him?
Mr. HIGBY. My time islimited, and I have promised to yield a portion of it to the Gentfrom Ohio, Mr. BINGHARL]
Mr. FARNSWORTH. My suggestion is this: the constitution now provides that Congress shall not until a certain year deny to any of the States the right to import slaves that is the meaning of it. Now, the language of that provision of the constitution did not give the right to the States to engage in piracy. Yet the States did understand that the constitution authorized them to continue this piracy until the year named, and they did continue to import slaves and sell them and can itnot be implied from language not so clear, not so strong, that by this amendment a State is given the right to disfraiichise the half of her peole?
Mr. STEVENS. Nobody unerstood it so; everybody understood that without that prohi bition they had the right, and with that prohibition it was restrained from a certain time; iiothin more.
Mr. lGBY. I now yield the remainder of my time to the Gentfrom Ohio, [Mr. BING usu. ThJe SPEAKER protempore, (
Mr. WENT wonrn.) There are 15 minutes left of the time to which the Gentfrom California [Mr. HIGBY] is entitled.
Mr. BROOMALL. I hope the Gentfrom Ohio will be allowed to finish his remarks.
Mr. BINGHAM. I shall be obliged to the House; it is a favor which [have seldom asked. There was no objection, and it was ordered accordingly.
Mr. ELDRIDGE. Will the gentleman allow me a moment?
Mr. SCHENCK. Will my colleague yield to me one moment, that I may ask him a question?
Mr. SCHENCK. Do I understand my colleague to insist that in the 9th section of the 1st article there is no provision for any direct tax except acapitation tax?
Mr. BINGHAM. No, sir; I do not take that position.
Mr. SCHENCK. The language of that section is: “No capitation or otherdirect tax shall belaid, unlessin proportion to the censusor enumeration here inbefore directed to be taken.”
Mr. HIGBY. Will the gentleman yield to me?
Mr. HIGBY. I ask whether under the amendment we propose to adopt as a part of the constitution of the U.S. a State could not, by virtue of the proviso which it contains, have a right to disfranchise any class of citizens on account of race or color?
Mr. BINGHAM. I am sorry the gentleman did not notice what I said before he rose. for I think ifhe had he would not have made the inquiry. I say that the proviso is a penalty, and nothing but a penalty, inflicted on the State if its ruling class disregard and violate the guarantees of the constitution of the political right of all the free people therein being male citizens of the U.S. of full age, to participate in the choice of electors, by imposing on any part of one class special disabilities not imposed on the other class. The guarantee in the 1st article of the 2nd section of the constitution rightly interpreted is, as I claim, this, that the majori of the male citizens of the U.S. of ful a ein each State shall forever exercise the polities power of the State with this limitation, that they shall never by caste legislation impose disabilities upon one class of free male citizens to the denial or abridgment of e as] rights. The further provision is that the U.S shall guaranty to each State a RFG, which means that the majority of male citizens of full age in each State 5 all govern, not, however, in violation of the constitution of the U.S or of the rights of the minority.
Mr. BROMWELL. I ask the gentleman to let me ask him a question.
Mr. BINGHAh. Certainly, although it destro s the order of my remarks.
Mr. BROMWELL. I ask the gentleman whetherthe pending amendment reported from the committee does not, by forcible imlication, if sanctioned by 3/4ths of the tae Legislatures, admit that a majority may disfranchise a minority?
The Clerk read, as follows: Resolved, (90., That the following article be proposedto the legislatures of the several Stairs as an amendment to constitution of the U.S., ratified by 3/4ths of said Legisla lures, shall be valid as part of said constitution, namely: Alariots. cpmntotrras and direct tons shall be u. pOIUODE upon the peveral States which may beinc mled withm th s Union according to their respective numbers, connting the whole numberofper sffposudeach State. excluding Indians not. taxed: be denied by hatht ewchoennsetiyteurt the electivefranchiseshall any proportion or its male or laws of anv State to citnens over the age of 21 years, the same proportion of its population shallbe excludod from its basisof representation.
Mr. HARDING, of Kentucky, obtained the floor, but ielded to
Mr. EC (LEY, who moved that the House adjourn.
Mr. NICHOLSON. I ask the gentleman to withdraw that motion and allow me ten minutes.
Mr. HARDING, of Kentucky. I yielded only tea motion to adjourn, so that I can go on in the mornin. I have no objection to the Gentfrom claware [Mr. NICHOLSON] speaking now, provided it does not come out of my time, and I may go on tomorrow.
The SPEAK It. The Gentfrom Kentucky [Mr. HARDING] Wishes toNyield to the Gentfrom Delaware, [Mr. icaeisoiv] and to take his hour tomorrow. Is there objection?
Mr. STEVENS. I do not care when the Gentfrom Kentucky takes his hour, but I lope the House will not adjourn yet. I would like to get through this debate in the course of the season, and unless we use our time we shall not get through this winter.
The SPEAKER. Will the Gentfrom Delaware occupy the floor tonight?
The SPEAKER. If there is no objection, the Gentfrom Delaware will proceed, With that understanding.
Mr. STEVENS. I desire to submit a motion, that next Saturda be occupied as in ComWhole With debate on the Presidents message, with the understanding that no other business be transacted. No objection being made, it was so ordered. SURVEYING DISTRICT IN MONTANA.
Mr. RICE, of Maine, by unanimous consent, introduced a bill erecting the Territory of Montana into a separate surveying district, and for other purposes; which was read a 1st and 2nd time, and referred to the ComTerritor. JACOB P. LEESE.
Mr. HIGBY, by unanimous consent, took up from the files a report from the Court of Claims made to the HoRep at the 2nd session of the 37th Congress, for the relief of Jacob P. Leese; and the same was referred to the ComClaims. EMANUEL MARQUIS.
Mr. HILL, by unanimous consent introduced a bill for the reliefof Emanuel hfarquis; which was read a 1st and 2nd time, and referred to the ComClaims. 100 DAYS MEN.
Mr. McKEE, by unanimous consent, submitted the following preamble and resolution; which were read, considered, and agreed to: Whereas certain persons who served in what was known as the organitation of 100 daysmen, it a pears, were. while in said service, drafted under the law sand orders providing adraft to fill the army, and aid the 8300commutation moneyprovided in said aw: Therefore. Resolyed. That the SecyWarhe requested, if not incompatible with thor pubhc interest, to furnish this House with copies of the orders authorizing said organisation of 100 days men, and also copies of all ordersfromsaid Dept, if any o r ders were issued, protectin the menwho enteredand service from the effectsof t a draft. PENNSYLVANIA INSTITUTE.
Mr. ANCONA, by unanimous consent, submitted the followin resolution; which was read, considered, an agreed to: Resolved, That the Committcoof Ways&Means be instructed to consider the propriety of providing, in any bill they may report or the amendment of the internal, revenue laws, for the exemption of the Pennsylvania Institute for the Instruction of the Blind from taxation.
Skip Skip MESSAGE FROM THE SENATE. A message was received from the Senate, by its Chief Clerk,
Mr. MCDONALD notifying the House that that body had passed a bill (S.No.60) to enlarge the powers of the F freedmens Bureau.
Mr. ELIOT. I ask that this bill be taken from the Speakers table, and referred to the select committee, and that it be printed for the use of the House, with the privilege of reporting it back when the freedmens ureau bill is reached as a special order. Noobjection being made, it was so ordered. MINERAL LANDS OF THE U.S.
Mr. BIDWELL, by unanimous consent, presented the preamble and resolutions adopto by the miners convention of the State of California, on the subject of the disposal of the mineral lands of the U.S.; which were referred totha ComMining. PATENT OFFICE REPORT.
Mr. LAFLIN, by unanimous consent, submitted the following resolution; which was referred, under the aw, to the ComPrinting: Resolved, That there be printed for the use of the House 10,000 copiesof the report of the ComrPatents for the year 1&3364in, steadof the 20,000 ordered. PROTECTION OF RAILROAD PASSENGERS
Mr. JULIAN, by unanimous consent, submitted the following resolution 5 which was read, considered, and agreed to: Remlved. That the Committee on Roads and eanals is hereby directed to inquire into the expediencyof passing a law similar in spirit to tho steamboat inspection laws, for the protection of the lives of passengers on railroad cars and to report by bill or ot anvise. J. JUDSON BARCLAY.
Mr. NEWELL, by unanimous consent, introduced a bill for the relief of J. Judson Bar clay; which was read a 1st and 2nd time, and referred to the ComForAffrs. BOOKS FOR DISTRIBUTION.
Mr. MILLER, of Pennsylvania, by unanimous consent, submitted the following resolution which was referred to the JtComLibrary: Ifcaolced, That the Clerk of the HoRep be, and is hereby, authorized and required to purchase copiesof the proposed publication of the debatesin the 1st Senateof the U.S. from ajournul kept by llcn. William Maclay, a senator of Pennsylvania in the 1st Senate. the sameto be paid for out of any money in the Treasury nototherwise appropriated. on the order of the said Clerk, on the deivory of the books said booksto be for the useof themembersof thte HoRep for distrihutiun: Prooide. That the priceofsaid books shall not exceed the sum of. INCOME TAX.
Mr. ROSS, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Ruolved. That the ComWays&Means be instructed to inquire into the expediency of in crcasing the exemptiop of in the incoma tax to 1.000;also to inquire intothe exwicncy ofinercasing the tax on incomes of $25, and upward to 25%. COMPENSATION son Hoasss.
Mr. DEFREES, by unanimous consent, introduced a bill to amend an act to provide for the pament of horses and other property destroye in the military service otp the U.S., approved March 8, 1849; which was read a 1st and 2nd time, and referred to the ComMilAffr.
Mr. SPALDIN G moved that the House do now adjourn. The motion was disagreed to. CHAPLAINS IN NAvY.
Mr. HULBURD asked the unanimous consent of the House to offer the following resolution: Resolved. That the SecyNavy be reuosted to communicate to this House the names of the presentchaplains in the Navy, together with the date of eachappointment, and the State from which each appointment was made.
Mr. SPALDING objected and then, on motion of Mr. SPALDIN G, at 20 minutezdpast 4 oclock p. m.) 9 House adjourn.
@@@IN SENATE SENATE. Fmnsr, January 26, 1866. The Journal of yesterday was read and approved. COMMITTEE SERVICE.
The PRESIDENT proiempore appointed Mr. KissWoon to fill tie vacancy in the ComPensions occasioned by the resignation of Mr. Foor, and also to fill the vacanc on the ComPubLands occasione by the resignation of Mr. Games. FRANCIS CAZEAU.
The PRESIDENT protcm relaid before the Senate a communication from the clerk of the Court of Claims, transmitting, in answer to a resolution of the Senate of the 18th instant, the petition and other papers in the case of Jaco Bigelow, administrator of Francis Cazeau; which were referred to the ComRevClaims. EXECUTIVE COMMUNICATION. He also laid before the Senate a communication from the SecyTreasury, transmitting, in answer to a resolution of the Senate of the 18th instant, information in regard to commissioners and clerks of the district and circuit courts of the U.S., together with the amount of fees and emoluments received by each of those others; which was ordered to lie on the table and be printed.
Skip Skip PETITIONS and HEMOBIALS. Mr. RAMSEY. I present the proceedings Of a meetin of the citizens of StPaul and members of the Minnesota Legislature, who represent to the Congress of the U.S. that the interruption of the free navigation of the Welland canal by American vessels, and the exclusion of Canadian vessels from the free navigation of Lake Michigan, would materially reduce the facilities of transportation from the northwestern States to eastern markets; and they urge that, by negotiation or concurrent legislation. existing arrangements may be continned, and if osSihle enlarged, until the States bordering on the great lakes shall be secured in the enjoyment of channels to the ocean sufficient to pass vessels of 1000 tons bur gen. I move that this paperhe referred to the ComForRel. I The motion was agreed to. Mr. TRUMBULL presented the petition of A. Grether and others, citizens of Quincy, Illinois, praying for the absolute equality of political as well as civil rights before the law of all citizens of the U.S., for the prohibition of all class legislation and property qualification and for free speech, free press, free assembly, and free instruction; and for protection to free intercourse and personal safety; which was referred to the jtComReconstruction. Mr. STEWART presented apetition ofloyal citizens of Colorado, temporarily residing in the cit of NewYork, praying for the admission o Colorado as a State into the Union, with its present constitution; which was ordered to lie on the table. Mr. LANE, of Indiana, presented the petition of widows of naval otheers, praying for an increase of pension to the widows of naval officers; which was referred to the ComPensions. Hoalso presented the petition of Emma Jane Hall, widow of Rev. Perry Hall, deceased, late chaplain of the 79th regiment Indiana volunteers, praying for a pension; which was referredto the comPensions. PAPERS WITHDRAWN and REFERRED. On motion of
Mr. HENDERSON, it was hoOursdee, red. That the memorial of Bwecnev Kitten Foot 5: Co., on the til t” referred to the Committee on Cliiings. the smut“ be On motion of
Mr. MORRILL, it was Ordered, That Gilbert 8: Gerrish haveleavetowith e otnheay0r. petition and other papeis from the filesof Mr. JOHNSON. I ask that Charles Vinson be permitted to withdraw his papers on the files of the Senate. There was a report made against him; but I understand his purpose is not to make a 2nd application to the Senate; but some of the opera are papers relating to some interests of his own personally, and he desires to withdraw them from the files of the Senate. I believe that can be done.
The PRESIDENT protempore The order will be entered if there be no objection.
Mr. CLARK. Sometimes it is very impor tent that papers of that kind should be retained on the files of the Senate. I inquire of the senator whether he has examined the payers.
Mr. JOHNSON. I have not. They be better be examined, I think, before permission is given.
Mr. JOHNSON. The claim was for extra compensation as clerk in the Dept of State at the time when he was assigned to the duty of Acting SecyState. It has been decided several times that such compensation should not be made.
Mr. CLARK. If the Senator will permit me, then, Iwill send and get the papers, and see that there is nothingimpro crin Withdrawing than.
Mr. JOHNSON. Tery well. Leave was subsequently granted to withdraw the papers. REPORTS OF COMMITTEES.
Mr. STEWART, from the Committee on Pulr lic Lands, to whom was referred a bill (S.No.58) granting lands to the State of Oregon to aid in the construction of a military wagon road from Corvallis to the Acquma bay, reported it with amendments.
Mr. LANE, of Indiana, from the ComPensions, to whom was referred a bill (H.R.No. 33) for the relief of Charlotte Bence, widow of Philip H. Bence, late captain of company F, 30th regiment Iowa volunteer infanty, reported it without amendment. BILLS INTRODUCED.
Mr. WADE asked, and by unanimous consent obtained, leave to introduce a bill (S.No.101) to provide for the improvement of certain har bors in the State of OTJIO; which was read twice by its title, referred to the ComCommerce, and ordered to be printed. EXTENSION OF PENSION LAWS.
Mr. LANE, of Indiana, submitted the following resolution; which was considered by unan imous consent, and agreed to: Reaolverl, That the ComPensions he instructed to inquire into the expediency of grantin pensionsto the widows and mine r childrciiofeiiliste men who were enlisted or detailed as artifleers, and report by bill or otherwise. PUBLIC BUILDINGS AT TOPEKA.
Mr. LANE, of Kansas, submitted the following resolution; which was considered by unanimous consent, and agreed to: Resolved. That the ComCommercehein structed to inquire into the expediencyof neviapriating 100.000tor the erection of aoourthouse and rest o ice at the city of Topelra, the capital of the tste of beams, to report by bill or otherwise. BONDS OF BANK DIRECTORS.
Mr. POLAND submitted the following resolution; which was considered by unanimous consent, and agreed to: Renofved, That the comFinance be directed to inquire as to the expediency of providing by law that roctors of banks organized the authority of the laws of the U.S shall give bondsfor the faithful performance of theirdutiess such direct ore, and report by bill or otherwise.
Skip Skip APPROVAL OF LAWS. A message from the POTUS, by gin W. G. Moons, his Secretary, an nounced that the POTUS had approved and si ned, on the 12th instant a point resolution (S.No.7) for increasingt e and of theSnperintendent of Public Printing. BONDEDWAREHOUSES.
Mr. MORGAN. I move now to talidu for consideration House bill No. 135, to exten the time for the withdrawal of goods for consumption from public store and bonded warehouse, and lbr ot or purposes. The motion was agreed to; and the Senate, as in ComWhole. proceeded to comsider the bill. It provides that until the 1st day ofApril. 1866, any goods, wares, or merchan discunder bond, in any public or private bonded warehouse, n on which the duties are unaid, may be withdrawn for consumption, an the bonds canceled on payment of the duties and charges prescribed by law; and that any goods, wares, or merchandise deposited in bond, in any public or private bonded warehouse, on and after the 1st day of April, 1866, and all fioods, wnres, or merchandise remaining in ware House, under bond, on that day may be with drawn for consumption within one year from the date of original importation, on payment of the duties and charges to which they may be subject by law at the time of such withdrawal; and that after the expiration of one ear from the date of oriinal importation, an until the expiration of time years from that date, any goods, wares, or merchandise in bond may be withdrawn for consumption on payment of the duties assessed on the original entry and charges, and an additional duty of 10%. of the amount of such duties and charges.
Skip Skip The bill was reported to the Senate without amendment, ordered to a 3rd reading, read the 3rd time, and passed. Mr. SPRAGUE afterward submitted a motion to reconsider the vote on the passage of the bill; and that motion was entered. ADJOURNMENT to nos an. 1 On motion of Mr. FOOT, it was Ordered, That when the Senateadjourn!today. it adjourn to meeton Monday next.
Mr. GRIMES. I move that the Senate proceed to the consideration of Senate bill No. 94.
Mr. GRIMES. “A bill to amend the not entitled An act for the relief of seamen and others borne bu the books of vessels wrecked or lost in the naval service, approved July 4, 1864, and for other purposes.” The motion was agreed to; and the Senate, as in ComWhole, proceeded to consider the bill. In case any officer of the Navy or Marine co s on board a vessel in the employ of the U.S. which, by any casualty, or in action with the enemy, has been or may be sunk or otherwise destroyed, shall thereby have lost his personal elfects, the bill authorizes the proper accountin officers, with the approval o? the Secy Navy. to allow to such officer a sum not exceeding the amount of his sea pay for one month, as compensation for that loss; but the accounting officers are in all cases to require a schedule and certificate from the Officer making the claim for effects so lost; and no allowance is to be made by virtue of this act for any loss incurred prior to the 19th of April, 1861. The Committee on N aval Atfairs reported the bill with 2 amendments. The 1st amendment was in section one, line too. after the word “loss” to insert the following proviso: Provided. That such loss has not occurred through the negligence or want of skill or foresight of the cer making application for such loss.
Mr. CONNESS. Before the amendments are acted upon, perhaps it would be better to have the explanation necessary to a perfect understanding of the bill. I should like to hear the bill explained by the chairman of the comNavAliairs. I. feel some interesat. in it.
Mr. GRIM ES. Sailors now get a much larger amount in proportion than the sum that isal lowed to o cers. We ay them 60 dollars in any event, under the ow that we passed 2 cars ago. The youngest boy that may be enlisted into the service gets 60 dollars, while a midshipman in the service under this bill only gets 41 dollars, not enough, in my opinion; but still we had to establish some rule, and we thought this was the best rule that we could devise. The 2nd section of the bill was inserted by the committee at the instance of the Treasury officers. I have a letter in my desk from the 4th Auditor insisting upon it that the 7th section of the act of February 24, 1864, ought to be and must necessarily be repealed in order to enable the Iheasu officers to settle the accounts of seamen. hat section provided that enlisting bounty moncy which any mariner or seaman from the Army into the Navy may have received from the U.S or from the State in which heenlisted in the Army, shall bededucted from the prize money to which he may become entitled durin: the time required to complete his military “W100. It will strike every man, I imagine, as an impossibility for the 4th Auditor who has the investiation of these accounts to ascertain how much John Smith or John Roe may have received from the State of Massachusetts or the State of Ohio to induce him to enter into the Army. The result is, therefore, that all the accounts of these seamen are suspended. More than 2 or 3000 of them, I understand, must remain in that state of suspense until either this bill is passed, or the Treasury officers shall be satisfied as to the amount of bounty they may have received from the States. It is for the Treasury to ascertain these facts. For the rmon I have stated the committee have proposed to repeal that section of the law. I believe I have now stated all there is in connection with this bill.
Mr. CONNESS. It a pears to me that the compensation proposed y the 1st section of this bill is a very small one indeed, and cannot by any possibility in many instances cover the personal loss of the officer. It appears to me that it is entirely just and equitable to make them a reasonable and fair compensation. I do not wish to offer an amendment, as this matter has been considered in the committee; but I submit to the honorable chairman of the committee that, in many instances, indeed in some that have come to my own knowledge, the personal loss of the officer exceeds 5 or 6 times the amount of compensation he would receive under this bill, and it is hardly fair to deal with these officers in that way. I further suggest whether it would not be better to provide for ascertaining what the personal loss in such cases might be.
Mr. GRIMES. The bill does provide for that. It says: Provided, That the accounting omcers shall in all casesrequire a scheduleand certificatefrom the 9 car making the claim for etfects so lost: and proeuled further. That no allowance shall bemadeby virtue of this act for any loss incurred prior to the 19thday of April, 1861.
Mr. CONNESS. The Senator, I think, scarcel understands my suggestion. In no case, is though that schedule is required to be presented, as I understand it, is the compensation to be more than the amount of his sea ny for one month so that although the sche ule may set faith that his loss may have exceeded that 6 times, and that that loss has not occurred by any negligence of his, but in action with the enemy, he receives the amount of sea parentfor one month, which is a very poor and triing compensation. It appears to me that it is hardly ealing either justly or generously with these men.
Mr. GRIMES. I agree fully with what the Senfrom California has said in regard to the amount that is allowed by this bill. I do not think that it is as much as ought to beal lowed to these Officers; but it was very diflioult for us to determine the criterion by which we should be governed. It occurred to me, and to those who were interested in the bill, that 2 months pay was too much, and it was necessary for us to make some absolute data on which to redicate the bill. I think that the officers who have suffered during this war from the loss of their property would infinitely prefer taking the amount specified here than not getting anything at all, as has been the case cretofore.
Mr. CONNESS. I have no doubt that is the case; but I ask the Senator, why not have a provision which shall provide for ascertaining the loss in such cases, and for allowing the actual loss?
Mr. GRIMES. For this reason: some men may haveaniuch more extensive kit than others.
Mr. CONNESS. Then provide that it shall not exceeds certain sum.
Mr. GRIMES. I supposed that this would nearly cover the value of the articles that it was necessary for some of these Officers tohave. others may have quite extensive wardrobes, and where they exceed in value that which we believe a rudent and economical man ought to have, to Government does not want topay for it. I think myself that we had better pass the bill as it stands, and if it is necessary to amend it in the future it can be done. The amendment was agreed to. The next amendment was to insert the following as an additional section: SEC. 2. Abife: That so much of the 7th section of the act of Congress, February 24, lool. entitled " An act to angearpparnovaeedt entitled An act for enrolling and calling out the national forces, and for other [in oses, approved March 3, D. 186., ” as proVidest at "the bounty money which any manner or aeaman enlisting from the Army into the Navy may have received from the U.S., or from the State in which he enlisted in the Arin v shall be deducted from the prize money to which he may become entitled during the time required to complete his military service, ” be and the sameis hereby, repealed. The amendment was agreed to. the billwasroported to the Senate as amended, and the amendments were concurred in.
Skip Skip The bill was orderengross fora 3rd reading, was read the 3rd time, and passed. iiissniisss nunsan.
Mr. CONNESS. Yesterday, when the bill for the extension of the Freedmens Bureau was being voted upon, I said that I would move i l consideration for the honorable member from Maryland, [Mr. J onssox;] butI learn that the bill has gone to the HoRep. Preceding a motion to reconsider, I move that the SecyS be directed to ask for the return of the bill from the HoRep.
Mr. SUMNER. I hope therewill benc action on that now unless to vote it down.
Mr. CONNESS. l presulne that this is a courtesy due to the Senfrom Maryland, so that he may be able to have an opportunity to submit whatever remarks he may have to make, on a motion to reconsider, when the bill comes back, and then the Senate may vote that motion down if that be their sense. Itrust that no objection will be made to this course, because I think it is the usual course in the Senate and is due to the Senator. I hope the question will be taken without o position on the motion to eallthe billback. Ptwill notdelay it long. We can act 11 on it before we adjourn. I hope that course will be taken.
Mr. JOHNSON called for the yeas&nays. The yeas&nays were ordered; and being taken, resultedyeas 18, nays 22; ABSENT 10. So the motion was not agreed to. PROVISIONAL GOVERNMENTS.
Mr. HOWE. I move that the Senate proceed to the consideration of the JtResolution introduced by me providing for provisional governments for certain communities. The motion was agreed to; and the consideration of the JtResolution (S.R. No. 11) in relation to the organization of provisional governments within the States whose people were lately in rebellion was considered as in ComWhole, the question being on the motion of Mr. Hows, to refer the resolution to the JtComReconstruction.
Mr. JOHNSON. I move that that measure be postponed, and that the Senfrom Wisconsin be allowsd to conclude his remarks.
The PRESIDENT protempore It is moved that the unfinished business of yesterday, and all prior orders, be stponed until tomorrow.
Mr. TRUMBULE. I shall object to that motion revailing. I am willing, as the Senfrom iscousin is in the midst of his remarks, that the order for this hour shall be laid aside until he can conclude them; but I cannot consent that the bill which is now regularly in order shall lose its place. I have no objection to its bein laid aside informally until the Senator cone udes his remarks.
Mr. JOHNSON. That course is satisfactory to me, and I make that motion instead of the other.
The PRESIDENT protempore The motion now is, that the special order be laid aside until the conclusion of the remarks of the Senfrom Wisconsin.
Mr. TRUMBULL. Under such an order, will that bill come u when he is through?
The President o tempore. If the bill be laid aside informal y by unanimous consent, it can be called up at the conclusion of the remarks of the Senfrom Wisconsin; and if there be no objection that will be regarded as the order of the Senate. The Chair hears no objection to that course.
Mr. STEWART. Will the Senator allow me to ask him a question?
Mr. STEWART. I Mr. should like to inquire what disposition he proposes to make of the organizations which have been formed during the last 6 months in these States under the invitation of the POTUS What is to become of them?
Mr. HOWE. If my friend will propose that question to me alittle later in the course of my remarks, I shall have great pleasure in telling him what I no iose to do with them.
Mr. STEWART. The Senator has not. an swered my question yet.
Mr. HOl E. Excuseine. The question was, what shall wedo with the governments that already exist in those districts?
Mr. STEWART. The organizationsthathave been formed under the sanction of the president since the fall of the rebel nrmics.
Mr. STEWART. I should like to ask another question. Until what period would the Senator hold them under territorial subjectiontill what circumstances he pened?
Mr. HOWE. will tell my friend just how long: untilthe Representatives of the American people in the Congress of the U.S. who have demonstrated their fitness to take order for the welfare of the U.S shall determine that they will do justice by each other and obey the laws of the U.S.; and when Congress comes to that conclusion, then do what you have done with all other people in a territorial condition, organize State governments for them and treat them as State governments; not hold them up one day and knock them down the next.
Mr. JOHNSON. It is not my puruse to continue the debate. I rise morely with aview to ask a question of the honorable member from Wisconsin. I understood him as admit ting that the acts of Congress and the acts of the President to which I adverted, the acts of legislation and the acts of the Senate in its appointing power, are all very strong to show that the States are in the Union. Iunderstood him to say that they were in the Union because of the existing legislation, and that all he proposed to do was to change the existing legisation by this resolution of his. I understood him to say he had voted for the admission of the senators from Arkansas, and that he would have voted for the admission of the Senators from Louisiana. What I want to know of the hou ornble member is this: if the Senate had concurred with him and had admitted the members from those Statesto their seats and they were now here, does he think there would be any wer in Congress to legislate them out by passin a law to govern the States of which they were the Representatives upon this floor as Territories? It is true that some of the States, the new States, are in the Union by legislation; but if they are in and they are represented on the floor of the Senate and on the floor of the other House, by the Senate and the House deciding that they were properly elected, I am at a loss to conceive how by legislation the could be expelled. If, therefore, the honorable members opinion as to the rights of those Senators had been the opinion of the Senate, and they were now upon the floor, here they would remain, representing the States whose representatives they purported to be, unless there is vested in the Senate of the U.S. by the constitution an authority to expel by legislation a Sonator upon this floor upon the ground that his State is not a member of the nion although it had decided that fact by admitting m to his seat.
Mr. SAULSBURY. Willmyhouorablefriend allow me to make one remark as bementioned Democrats“? I do not know a Democrat in the length and breadth of this whole land who believes in the doctrine of reconstruction. They do not admit the propricty of that term. Our fathers constructe the States for us, and they remain as our fathers constructed them.
Mr. TRUMBULL. I wish to inquire what has become of the bill that was the order of the day at one oclock. The PRESIDENT protempera. That bill was laid aside by common consent to enable the Senfrom Wisconsin to go on with his speech; and a subsequent discussion has arisen in consequence of in uiries made by the Senfrom Maryland and the Senfrom Nevada explan atory, as the Chair understood, of something that the Senfrom Wisconsin had said. No objection having been interposed, the Chair did not arrest the discussion. The bill properly before the Senate is the bill which was the unfinishedbusiness yesterday, and which was then taken up on the motion of the Senfrom Illinois.
Mr. STEWART. I understood that that bill was before the Senate when Isoke.
Mr. TRUMBULL. That is Senate bill No. 61. Thatbein before the Senate, Ipro ose
Mr. HOWE. I ask my friend to alllow this resolution of mine to be referred.
Mr. TRUMBULL. I have no objection, if it can be done without debate.
Mr. POMEROY. I think we had better refer this resolution. I have never known a discuslsion prolonged before on a mere question of reference. This resolution has been discussed day after day on a more question of reference; let it he now referred to the committee.
Mr. TRUMBULL. Yes; let us get rid of it.
Mr. MCDOUGALL. The objection to its going to a committee is one whichI think ought to be understood on both sides of the House. It is not a propersubject of reference to a JtCommee.
Mr. TRUMBULL. If my friendfrom California will give way, I will move an executive session, and that will dispose of the matter this evening. There is executive business that requires attention.
Mr. TRUMBULL. Senate hill o. 61 up, and being left as the unfinished businebsesin, g move an executive session. The motion was agreed to; and, after some time devoted to the consideration of executive business, the doors were reopened, and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. FRIDAY, January 26, 1866. The House met at 12 oclock in. Prayer by the Chaplain, Rev. C. B. BOYNTON. The Journal of yesterday was read and approved. PENNSYLVANIA CONTESTED ELECTION.
Mr. UPSON, from the ComElections, made a report on the contested election in the 16th district of Pennsylvania, concluding with the following resolutions: Resolved, That Alexander H. Coffrothhupon the certificate and papers relating to the election in the 16th congressionaldistrict of the State of Pennsylvania, has a prima. facie right to the vacant seat from that district and is entitled to take the oath of office and occupy ii. seatin this House asa Representative in Congressfrom said district without prejudice to the right of William H. Koontz. claiming to have beenduly electedthereto, to contesthis right to said scat upon the merits. Resolved, That William H. Koontz desiringtocon test the right of Hon. Alexander Coffroth to a seatin this llouse as a Representativefrom the 16th district of the State of Pennsylvania. be and he is hereby. required to serve upon said Cotfroth within 15 daysalter the passageof this resolution a particular statement of the Groundsof said contest and that saideotirothbe and he is hereby. required to serveupon said Koontz his answer theretowithin llfleen days thereafter and that both parties beal lowed 60 daysnext after the serviceof said answer to take testimony in support of their several allo gations and denials. notice of intention to examine witnessestobe given to the opposite party at least 5 days bolero their examination, but neither party to give notice of takin testimonyWithin lessthan 5 days between the c useof takin it at one place and its commencementat another. but in all other respectsin the manner prescribedin the act of F eb ruary 19, 18;) The report was laid upon the table, and or dered to be printed.
Mr. PAIi E. I rise to a question of privilege, and present a written statement of the views oft c minority of the ComElections on the same case. I ask that the 1st resolution reported by the minority be rea.
The Clerk read, as follows: Resolved, That William H. Koontz has the prima ffleic right; to a seatin this House as a Representative from the 16th congressional district of the State of Pennsylvania.
The SPEAKER. The report, with the accompanying resolutions, will be laid upon the table, and be printed. COMMUNICATION WITH MONTANA and IDAHO.
Mr. DONNELLY, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Whereas the development of the Goldproducingre onnof the country is of the utmost importanceto the financial successof thenation; and whereas communication between the northern tier of Statesand the gold fields of Idaho and Montana is now possible only by a long detour to the southward as far as StLouis: There ore. Resolved. That the ComMilAtTairs bedirectedto inquire into the expediency of dircctinr the SecyWar, by bill or otherwise. To establish a line of military ostsfrom the western boundary of Minnesota to the erritories of Montana and Idaho by the most direct and advantasoous route and to facilitate communication along saidrouteby the construction of a military road With properbridges over the watercourses.
Skip Skip LEAVE OF ABSENCE. Mr. WASHBURNE, of Illinois, asked and obtained leave of absence for Mr. Hsxnsason for one week. DRAWBACKS U long EXPORTS.
Mr. PIKE, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Whereas a practice has recently grown up along our northern and northwestern frontier of exporting merchandiseto the British Provinces. obtaining a drawback of duties paid on the same, and creating depositsofsuch goodsat convenient placesalong the line. whencetheyare smuggledback into the U.S. to the great detriment ofour revenuo: lirnolved. That the ComWays&Means bedirecttilto inquire into the expediencyof reviving the law of 1799, which provided that no drawbac should be allowed upon articles exportedto any foreign State immediately adjoining the U.S. MESSENGEBS FOR HOUSE postoffice.
Mr. STEVENS. I ask unanimous consent to introduce the following resolution: Resolved, That the Postmasterof the hoRep be allowed 2 additional messengers for the term of 2 months, to be paid out of the contin cut. fund of the House. at the rate of 7fiva dol ars eachpermonth.
Mr. WASHBURN If that E, of Illinois. will give us our mails a little earlier in the morning, I will agree to it.
Mr. STEVENS. The Postmaster of the House says that the ressure of business is so great that unless aditional assistance be given him he will not be able to accommodate mem ldiers with their mails as early even as he now oes.
Mr. WASHBURNE, of Illinois. If the adoption of this resolution be necessary for that purpose, I certainly shall not object, because I think we ought to receive our mails at least an hour earlier every morning.
Mr. ROLLINS. I object to the introduction of the resolution.
The SPEAKER. Objection being made, the resolution is not before the House. LIGHTHOUSES ON NEWJERSEY COAST.
Mr. NEWELL, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Remlved. That the ComCommerce be requestedto inquire into the necessityof repairing and relighting the lighthouse on Tuckers Beach, on the coast of NewJersey, and also of erectinga lighthouse at Mattawan Point on the Raritan bay: and that they report by bill or 0t erWisc. WILLIAM H. GODDARD.
Mr. DRIGGS, by unanimOus consent, presented the petition of William H. Godda, for compensation for services rendered the Government, for the payment of which there is no provision, which was referred to the ComClaims. USE OF THE HALL.
Mr. HILL. I ask unanimous consent to submit the following resolution: Reloloed, That the Committee onRulesbe instructed to report a rule prohibitin the useof the Hall of the HoRep or any other purposethan the legitimate businessof Congress.
Mr. TRIMBLE. I demand the regular order of business.
Mr. STEVENS. I hope the gentleman will withdraw that for a moment.
Mr. TRIMBLE. I will do so. CLOSE OF THE DEBATE.
Mr. STEVENS. I understand that the Gentfrom Kentucky has called for the regular order of business. If there be no objection I will now make an announcement in regard to the JtResolution in reference to the basin of representation. There was no objection.
Mr. STEVENS. Mr. Speaker, I desire to say to the House, if there e no good reason for postponing it longer. that I will call for a vote on the pending special order on Monday n ext alter the morning hour. The debate Will than have run for awoek. It seems to me that 1866. 7 447 that should be regarded as reasonable time for debate; and I hope that the House will then be ready to come to a vote.
Mr. CONKLING. I ask the gentleman to permit me to make a suggestion.
Mr. CONKLING. Several members who have arranged to go, tonight or in the morning, from the city, to remain over Sunday, will not be able to be here On Monday after the morning hour. Imention that for the purpose of suggesting to the gentleman to make it uesday after the morning hour.
Mr. STEVENS. In that view I will say that debate shall be closed on Monday, and that the vote shall be taken on Tuesday after the morning hour.
Mr. SCHENCK. I make another suggestion, that the JtResolution and amendments that have been proposed, together with the instructions accompanying motions to recommit, be ordered to be printed. There was no objection, and it was ordered Accordingly. MESSENGERS FOPHOUSE postofficeAGAIN.
Mr. STEVENS. I understand that the Gentfrom NewHampshire [Mr. ROLLINS] withdraws his objection to the resolution for the appointment of 2 additional messengers of the once ost office, provided that it be referred to the ommittee of Accounts, to which I have no objection. The resolution was received and referred a0cordingly. BASIS or REPRESENTATION.
The SPEAKER stated the regular order of business to be the consideration of the following JtResolution reported by the JtComReconstruction: Resolved7) the Senate and HoRep of the U.S.A. in (lmgresaanemblecl, (2/3rds of both Houses concurring.)That the followmiz article he proposedto the Legislaturesof the several States as an amendmentto the constitution of the U.S.; which, when ratified by 3/4ths of the said Legislatures, shall bevalid aspart of said constitution, namely: Aariou:. Representativesand direct taxes shall be apportioned among the several States which may be included Within this Union according to their respective numbers, counting the whole numberof personsin each State, excludingIndians not taxed: prooizlqrl, That whenever the electivefranchise shall be denied or abridgedin any State on account of race or color, all persons therein of such raceor color shall be excluded from the basisof representation. 1 The pending question was on the motion of Mr. IinBLOND to refer the JtResolution and winding amendments to the ComWhole on the state of the the Union, upon which Mr. HARDING, of Kentucky, was entitled to the floor.
Mr. ELIOT. I understand there has been no understanding in reference to the vote on this proposition. The Speaker. The Gentfrom Pennsylvania has stated he will ask for a vote on uesday, after the morning hour, and that the debate shall be closed on Monday.
Mr. ELIOT. There is alreadya special order for Tuesda, after the morning hour.
The SPEAKER. The pending JtResolution is the slpecial order until disposed of.
Mr. ELIO What becomes o my special Order?
The SPEAKER. It will come up in its regular order.
Mr. WASHBURNE, of Illinois. I dislike to interrupt the gentleman; but I wish to make a correction of an error into which he appears to have fallen.
Mr. HARDING, of Kentucky. I will yield to the gentleman with great pleasure, if it is consented that it is not to come out of my little time.
Mr. WASHBURNE, of Illinois. I do not wish to take up the time of the gentleman, and I hope that the few moments I may occupy may not be taken from his time. The gentleman has repeated a statement which I have seen several times, that there are 70 propositions before the 2 Houses of Congress to amend the constitution. That is an error. lunderstaud that there are only 20 in this House and 8 in the Senate, and those all relating to but 3 or 4 subjects.
Mr. KELLEY. I ask the gentleman to yield to me for a moment.
Mr. HARDING, of Kentucky. Not here. when I get through.” Why, sir, when a member talks here about this being a “white mans Government" he is gravely rebuked. Now, the way you are going on, I admit you are changing and coloring this Government right fast. [Laughter] But I say it was a “white mans government” one I know; and as a “ white mans Government it had my 1st love a love even stronger than womans love. It was a white mans Government. What it will he by and by I know not. At the time the negro suffrage bill for the DistCol was under discussion, a stranger coming into this Hall and looking into the galleries might have thought, seeing them full of negroes, that this was not a white mans Government. At an early hour they rushed into the galleries, ousted and kept out white men and white ladies. Who could blame them? They had heard the Gentfrom Ohio [Mr. BINGHAM] denounce the sentiment that this was a white mans Government. They took the hint, got possession 1st, and held it; and in doing so were they not following your example? They took the galleries just as you have taken this House; you got in 1st and took possession of this Hall, and when the members from Tennessee and other States came you closed the doors upon them.
Mr. HARDINGI, of Kentucky. Not just now.
Mr. KELLEY. The gentleman has asked a question which I want an opportunity to an swer.
Mr. LY 015. Will the gentleman allow me?
Mr. HARDING, of Kentucky. I have but a few words more to say.
Mr. McKEE. I move that my colleague [ML HARDING] have his time extended until he can conclude his remarks. How much time does in colle e want?
Mr. ARDI G, of Kentucky. I want only ten or 15 minutes.
Mr. McKEE. I move that his time be extended for 15 minutes. No objection was made.
Mr. KELLEY. Will the gentleman allow me. i
Mr. KELLEY. I then rise to a question of order. I do not wish to makethe point of order on the gentleman which I might well make by calling attention to the fact that he is not addressing the Chair. but continually addressing gentlemen on this side of the House, and making personal appeals to them by question. I as eave simply to submit a single question to him, as he promised I might do it by and by.
The SPEAKER. The Gentfrom Kentucky [ML HARDING] must, by the rules of the House, address his remarks to the Chair. But he has the right to decline to yield to any member while he is s leakin. 9
Mr. KELLEY. When the gentleman was a pealing personally to us on this side of the house to know why we did not give suffrage to those soldiers, between the ages of 17 and 21, who fought our battles, and to taxpaying widows, and the strongminded maidens of the country, as his appear seemed to each gentleman personally, I wanted to ask him whether he was in favor of giving suffrage to the 3 classes be designated and I assure him, if he introduces a bill for that purpose, it will not want my earnest support. tell imthat whenever he introduces a bill to enfranchise
Mr. HARDING, of Kentucky. I only yielded for a question.
The SPEAKER. The gentlemans time has expired. [Laughter.]
Mr. HARDING, of Kentucky. I will answer the gentlemans other question 1st. He says that if I will introduce a bill to confer the right of suffrage upon the strongminded women of this country he will join me. I am most happy to find that his sympathies are not all entirely locked n with the negroes. He is now as liberal as li Mr. Beecher was the other night. After that clergyman had discussed the question in favor of negro suffrage at great length I saw it before he came to it he said that the white women had some claims; that they came next to the negroes, [Laughter] that the white women of the country were almost as odd as the negroes. [Renewed Laughter.] Their claims are postponed, but next to those of the negroes. Now, when has the voice of my friend been heard appealing for the taxpaying widows? No, his voice has always been for the negro. When was his voice raised forgiving the right of suffrage to the young men who had fought the battles of the country? You are the constitution makers. We are satisfied with the Government. We are loyal men. You under was your voice heard for any but the negro? Now, for one, I say that I would prefer the white women and the young men I have referred to to the negro. I infinitely prefer giving them the right of suffrage. I am fonder of them than the negro.
Mr. ASHLEY, of Ohio. The Democrats proposed many amendments to the constitution just before the rebellion broke out.
Mr. McKllll. Yes, sir; and they voted for them, too, I believe. Gentlemen from my own State, then upon this floor, every one of them voted for an amendment to the constitution proposed by Hon.
Mr. Crittenden, of Kentucky. IRut now it is all wrong to propose any amendment to the constitution l I believe the whole Kentucky delegation voted for that proposition. I do not know who they were; but I venture to say that the same men, if they are living today, are in the Democratic party.
Mr. GRIDER. If any of the Kentucky del egation now on this floor voted for that amendment I trust my colleague will designate them.
Mr. McKElt. My immediate predecessor, Mr. Wsnswourn voted, I believe, for the amendment proposed by Mr. Crittenden.
Mr. GltIDEIt. Nota member from Kentucky now on this floor was here then.
Mr. McKEE. I did not say that such was the fact. I said that the Kentucky delegation then on the floor of this House. whoever they may have been, voted for the Crittenden amendment. They wanted to perpetuate the institution of slavery.
Mr. Gltl DER. I understood my colleague to say that some of the Kentucky delegation now on this tloor voted for that amendment.
Mr. lllcKEE. If I said that, I did not mean it.
Mr. SMITH. I desire to say that my colleague who now occupics the floor used the expression that the entire delegation then on this floor from Kentucky voted for that proposed amendment; whieh is true.
Mr. SMITH. I desire only to add that the object of that amendmentwas to establish slavery forever in those States Where it existed; it provided that there should never be any amendment to the constitution prohibiting slavery. Now, I say that my colleague is correct in taking the position that those who are acting with that party today, and have opposed the abolition of slavery, and sanctioned the conduct of the rebels, are partic s criminis with them.
Mr. GRIDER. 1 unerstood my colleague to say that some of the Representatives from Kentucky now on this floor voted for the amendment to which he alludes, which wasintroduced, as I understand, by the honorable and distinguished John J. Crittenden. I only undertook to say that I did not believe that one single gentleman now here as a Representative from Kentucky was a member of this House at that particular period.
Mr. McKEE. I will ask my colleague one question: did he not at the time, and has he not since, apiroved that vote of the delegation from Kentucky?
Mr. GRIDER. I will answer the gentleman. This is the identical question which was put to me during my late canvass; and I met it by saying that, so far as I was concerned, in my district and my State, when this rebellion commenced, we took the ground that we were for the constitution and the Union, and would maintain all our rights under the constitution, under the stars an stripes, and that we would not tam or with that sacred instrument until the rebellion should have ended, and peace, with her soothing and kindly influence, prevail all over the land; and then, if the constitution needed amendment, we would do it with deliberation and in a manner becoming statesmen and that is what I say now.
Mr. WARD. That is whatwe are doing now. 1866. 453
Mr. McKEE. The gentlemen upon that side of the House have been calling out every day since the opening of this session that peace has now been restoredto ourland. Not a member on that side opens his month without giving utterance to the statement that peace is now restored to our land. Well, now that peace has come, let us go to work, in the language of my colleague, and amend the constitution, so as to render this peace secure and enduring. Like statesmenlet us proceed in our work, and strike out from the constitution a provision which now has no appropriate place there, in consequence of the changed condition of circumstances.
Mr. GltIDER. Will the gentleman allow me to ask him a question?
Mr. McKEE. I will hear another question when my colleague shall have answered that which I have already propounded whether he indorsed that vote of the Kentucky delegation?
Mr. GRIDER. I have indorsed nothing that happened before the rebellion commenced, [laughter] because I was not in political life. have stated my position fairly and distinctly; and now, if my colleague will permit me to ask him a question, I shall be obliged to him.
Mr. McKEE. I decline to yield unless the gentleman answers my question.
Mr. GRIDER. I will answer it. But let me 1st ask him a question. If peace has come at last, and now is the time to commence the amendment of the constitution, why does he not lot the whole of the States he represented, and to have a say in reference to those amendments.
Mr. McKEE. I am satisfied I have the gentleman exactly where I want him.
Mr. McKEE. I am satisfied I have the gentleman exactly where I want him. [Laughter.] I am arguing from his position, and from the basis of gentlemen on that side of the House, that peace reigns. I occupy no such position; I do not think that peace reigns exec t by the armed power which enforces it. An while I hold that doctrine, I think that it is the right and duty of the men who have been sent up here to represent those who have stood by the Government in its darkest hour to make all needful laws, and even constitutional amendments, to keep a rebellious people in peace and security hereafter. So far, Mr. Speaker, as the gentlemans question goes, why I. do not allow those States to come back and be participants upon this floor, I will say that they have not shown a loyal spirit to justify it. Tell me that the men down in the rebel States are loyal to the Government! Tell me that they are in a condition to come here and legislate for the benefit and good of this whole nation. Tell me that they are the men to legislate for the widows of soldiers, and for the soldiers who have been maimed for life! Tell me that they are fit to legislate for the great people who stood by the country! Do we not know that these lately rebellious States have elected and put into the highest offices men who are the most odious traitors? Do we not know that they are knocking at the doors of this Hall and asking for the admittance of men upon these floors whose hands are wrecking with the blood of slain loyalists? I want none of them. I want none but loyal, brave men. Let them send to this House men who, under the most trying circumstances, stood by the country. Let them know in those States they must select men who never went into the rebellion. Let us have none here who committed treason. Let them place the power of the States in the hands of loyal, brave men, and reject these odious traitors, and I will be ready to receive them, but not until then.
Mr. GRIDER. How are you going to discriminate against such men as Maynard of tennessee, and the men from Tennessee, Virginia, Louisiana, and other States, which States were represented here pending the rebellion?.
Mr. McKEE. I will make a discrimination fOr myself; I do not do it for anybody else. I speak on my own responsibility. I will say in regard to the Gentfrom Tennessee, who is seeking to be admitted to all the rights and privileges of this floor, that I believoohim and other sto be loyal men; but in 2/3rds of tennessee I do not see a loyal people. I do not want to separate Tennessee. I do not think she wants to be divided. I do not want to separate East from West Tennessee; but I do wish to give a wholesome lesson so as to make the State in every part of it loyal. I should like to aid those gentlemen who periled their lives inTennessee in defense of the country. I am disposed to see them come in. Now I will ask my colleagues question. He desires the return of these States. Now, would he vote to receive the Representatives sent here from the State of SCarolina? Would he do it today?
Mr. GRIDER. Whenever any representation from any State reorganized, on the suggestion. as I understand, of the President, advi satory in its nature, under the apportionment we:iassed pending the rebellion
Mr. GARFIELD. Make him say yes or no about SCarolina.
Mr. GRIDER. I will take care of that without the gentlemans suggestion. I am one of those who are not afraid to say what they think. [Laughter] Now, let me answer my colleague. The president having in an advisatory manner recommended the re construction of those States, if they come here, embracing SCarolina, under the apportionment bil fixing representation at the time the rebellion was raging for all the Statesif Representatives came here and presented credentials that they were regularly elected, I say that we have no authority to exclude them from this Hall. If the are unworthy members, if they are what the gentle. man says, rebels and traitors, and ought to be hung, when you get them here and have uris diction over them you might do what you p ease with them. Elam hterf Mr. McKE a Ideclinc to yield any further.
Mr. McKEE. I am disposed to be very courteous.
Mr. ELDRIDGE. Mr. Speaker, I rise to a question of order. The gentlemen on the other side seem to be answering the Gentfrom Kentucky [Mr. GRIDEB] by laughing. Is that in order?
Mr. GRIDER. I have no objection to Gentlemen amusing themselves by lau hing as loud as they lease, so that they do not augh while I am speaking. [Laughter]
The SPEAKER. The Chair will restrain gentlemen from applauding or exhibiting disturbance, but he certainly cannot prevent them from laughing. That is beyond the power of the Chair.
Mr. ELDRIDGE. Is it in order for gentlemen to laugh so as to disturb gentlemen on the floor?
The SPEAKER. The Chair thinks it is not proper; but he certainly has not the power to prevent gentlemen from laughing.
Mr. GRIDER. I am sorry the point has been made. I am willing the gentlemen should laugh on the other side of this House, but I think they had better be weeping than laughing. Now, 811I, will answer the gentlemans question whether I would admit SCarolinas members. I will act in my own official capacity here upon the credentials that are placed before me, if they are regular, from every State in this Union, where that State has, according to the advisory admenitions of the Executive of this Government, organized its State government and sent Representatives here and I will risk the authority of this House and this country to manage them when they get here, if they are not right. [Laughter]
Mr. McKEE. Mr. Speaker, I am exceedingly sorrymy colleague does not answer the question, yes or no. He seems not to have learned that in Kentucky. In our State, we have always considered that other way of answering as peculiar to Yankees. The answers of my colleague to the interrogatories propounded to him by me would indicate that he belongs to that part of the country. I only hope he may advance and carry out the position he has put himself in. the House in replying in that way to I E, the questions, by going on until he gets completely Yankecize.
Mr. GRIDER. Too old for that. [Laughter]
The SPEAKER. The Chair will state that tomorrow, by order of the House, is to be devoted to making speeches on the Presidents message in ComWhole, and no other business; and as it is necessa that the Chair should be absent, he will ask this Gentfrom Illinois, [Mr. “ASHBURSE] who is chairman of the ComWhole upon the Presidents annual message, to take the chair tomorrow as Speakerprotom o.
Mr. NIBLACK. With the consent of the Gentfrom NewYork [Mr. Rsnmxnig I will move that the time of my colleague [i Mr. Kenn be extended so as to allow him to conclude is remarks.
Mr. KERR. I will not occupy an further time if it is to come out of the time of the Gentfrom NewYork, Mr. Rsrnosnj
The SPEAKER. It Will not come out of his time.
Mr. KERR. Then I should be glad if I could be allowed, say 15 minutes more, to conclude what I have, to say. Noobjection was made.
Mr. KASSON. I ask the gentleman to allow me to make a few remarks in rely to what the Gentfrom Pennsylvania [Mr. KELLEY] said the other day in allusion to me. I do not puriose to engage in any general discussion. L
Mr. naviioyo. As it is rather late, if there be no objection I would prefer to make m remarks on Monday. Ilhere was no objection, and it was ordered accordin l. the sfiiisfisn. The Chair will give the “floor this evening to the Gentfrom Iowa, [Mr. KASSON] and then to the Gentfrom ewJersey, [Mr. Wamm] who demos to make some remarks on the pending bill.
Skip Skip MESSAGE FROM THE PRESIDENT. A message was received from the POTUS, by Colonel WILLIAM G. Moons, announcing that he had approved and signed a JtResolution (H.R. Yo. 28) in relation to the Industrial Exposition at Paris, France; also an act (H.R.No. 58) authorizing the SecyTreasury to a clot asst assessors of internalrevenue so a JtResolution (H.R.No. 18) grantiu certain public property to the Soldiers Or) ans Home of Iowa. He also delivered to thelHouse a message in writing. PRESIDENT JUAREZ OF MEXICO.
The SPEAKER laid before the House the followmg message from the POTUS: To the HoRep: In compliance with the resolution of the HoRep of the 22d instant, requesting the communication of any correspondence or other information in regard to a demonstration by the Congress of the U.S. of Colombia, or any other country, in honor of President Juarez, of they republic of Mexico, I transmit herewith a report from the Acting SecyState, with o papers by which it was accompanied. ANDREWJOHNSON. Wsmerox, January 26, 1866.
Mr. BANKS. I move that this communication be referred to the ComForAffr, and printed., The motion was agreed to. 81. PAUL and LAKE summon RAILROAD.
Mr. DONNELLY, by unanimous consent, introduced a bill to amend an not making a grant of land to the State of Minnesota to aid in the construction of a railroad from StPaul to Lake Superior, approved May 5, 1864; which was read a 1st and 2nd time, and referred to the ComPubLands. NAVIGATION or MISSISSIPPI RIVER, ETC.
Mr. HARDING, of Illinois, by uuanimous consent, introduced a bill to provide for the improvement of the navigation of the Missis sip i, Missouri, and Ohio rivers and their nav igable tributaries; which was read a 1st and 2nd time, and referred to the ComCommerce. muss and MINING.
Mr. BIDWELL moved that the ComMining be discharged from the further consideration of the communication from the miners convention of California, and that the same be referred to the ComPubLands. The motion was agreed to. EXECUTIVE COMMUNICATION.
The SPEAKER laid before the House 8 00m munieation from the SecyState, transmitting a statement of disbursements of the contingent fund of that Dept, in accordance with the act of Congress of August 26 184:}; which was laid on the table, and order to be printed. MKS. WILLIAM L. HERNDON.
Mr. BROOKS, by unanimous consent, introduced a bill for the relief of Mrs. William L. Herndon; which was read a 1st and 2nd time.
Mr. BROOKS asked for the immediate consideration of the bill. No objection was made. The bill was read at length. It provides that the SecyInterior shall cause a copy right to be issued to Mrs. William L. Herndon, her heirs, assigns and legal representatives, for the term of 14 years, granting the exclusive right to republish a book entitled “Exploration of the alle of the Amazon, ” heretoforepublished by order of Congress.
Skip Skip The bill was orderengross for a 3rd reading; and being engrossed, it was accordingly read the 3rd time, and passed. Mr. BROOKS mtRtv the bill was passed; upon the table. Agreed to. INDIANS IN DAKOTA TERRITORY.
Mr. BURLEIGH, byunanimousconsent, submitted the following preamble and resolution; which were read, considered, and agreed to: Whereas severalcitizens of Dakota Territory have been either In ored or may an their property stolen and destroyed by the hostile Sioux udinns who were concerned in the late Minnesota massacre, either at the time of or since that sad occurrence: und whereas the hostile bandsof Indians known as the Sisseton, Wab nton. Mcilawakanton and Wahipakoota bgmdso Dakota Indians were, in opposition to the wishes of the citizens of Dakota Territory, forced into said Territory, in cause name of which act these outrageshave been committei upon the unarmed and defenselesscitizens of that Territory: Therefore Resolved. That the ComIndAffrs be instructed to inquire into the justice and propriety of reportin a bi providing for the appointment of a commission, whose duty it shall be to determine the amount of degradations by said Indians upon the citizen of said Territory, and of recommending an appropriation sufficientto pay the same. Aims rou DAKOTA TnIiIurOIiY.
Mr. BURLEIGH also, by unanimous consent, submitted the following resolution; which was read, considered, and agreedto: Resolved, That the Committee on the Militia be instructedto inquire into the expediency of placing in the hands of the Governor of Dakota Territory 2000 stand of arms, and the necessary ammunition. to be usedby citizensof said Territory who may organizefor defense against the hostile Indians of the Northwest. BIDS FOR DISTRIBUTION.
Mr. WRIGHT, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Ilemlued, That the ComAg be directed to inquire what. if any. amount over and above the usual appropriation will be necessary for the adequatesupply of seedsto bedistributed among the farmers of the country by the Dept of As iieulturc, with liberty to present the result of their inquiry by bill or otherwise. RAILROAD COMMUNICATION WITH THE WEST.
Mr. WILLIAMS. I ask unanimous consent to submit the following preamble and resolution, and to have them considered at this time: Whereas it is the interes otf this Government that the meansof communication betweenits metropolis and theseat of its power in the great West should he asdirect and immediateas the topography of the intervening country Wllllhllp; an whercasit is representedthat the route indicated by the Father of his Country as the most obnous and practicable for the establishment of this connection between the eastern sca;bonrd and the Great valley of the Mississippi. of which the prospectivenecessity was present to his far seeing eye, has been obstructedby hostileState legislation in the interest of a rival corporation of the StRaetesoolfvePden, nsylvania: Therefore. That it hereferredto a special committee of piue members. to be appointed by the Chair. to inquire whe ther the commercial, postul or military necessitiesof the conntrv requiro the construction of a continuous line of rni ron between the seat of government and the great States and Territories of the West and Northwest, so as to reach the headwaters of the Ohio river by the mostdirect and practicable route; how much still remains to bedone to establish and completosuchconnection: whether nnyobstacles have been interposed by the Legislaturesof the State or Statesthroug which thesaine would pass, and what meansare within the powers of Congressto remove such obstacles, if any, and to facilitate the construction of such a road In the wantsof the Government or the convenienceof the traveling and tradin public mayrequire, with leave to report by bill or 0t erwise.
Mr. BOYER objected and then, on motion of Mr. THAYER, (at 4 oclock and 50 minutes p. m.) the House adjourned.
###HOUSE OF REPRESENTATIVES. SATURDAY, January 27, 1866. The House met at 12 oclock 111., Mr. WASKBLRNE, of Illinois, taking the chair as Speaker protempera. Prayer by the Chaplain, Rev. C. BOYNTON. The Journal of yesterday was read and aproved.
The SPEAKER protempore announced that the House was in session for the purpose of hearing speeches, to be delivered as lll ComWhole on the state of the Union, upon the Presidents message, and that no other business would be in order, except the reception of messages from the Senate and motions to adjourn.
Skip Skip LEAVE OF ABSENCE. Mr. JENCKES. Is it in order, Mr. Speaker, to ask leave of absence? The SPEAKER, protemporc. The Chair thinks that that is in order. Mr. JENCKES. Then I ask leave of absence for the Gentfrom Connecticut, Mr. Wanna. Leave was granted. Mr. DRIGGS asked and obtained leave of absence for himself for 3 days of next week. rimsmiinrs Massacn. The House, as in ComWhole on the state of the Union, resumed the consideration of the Presidents annual message, on which Mr. SMITH was entitled to the floor.
Mr. SMITH resumed the floor and conchided his remarks begun on Friday, the lilth instant. [The entire speech will be published in the Appendix.] RECONSTRUCTION. {already patched in as one.} THIS IS JUST CONCLUSION of Smiths remarks.
Mr. NIBLAOK. Will the gentleman allow me to interru t him for a moment?
Mr. BROO ALL. I will yield for a question.
Mr. NIBLACK. I would like to inquire of the gentleman if he wishes us to understand him ! as asserting that those people may be reduced 1 to absolute despotism it the conquering power sees fit to exercise that power over than?
Mr. BROOMALL. have said that if the power of the conqueror in war is abused the law of nations knows no remedy. I hope the gentlemans question is answered. I. am not for using this absolute power for the purpose of abusing it, or of abusin any of the Jeople of the U.S. North or South; at I am maintaining the right of the conqueror always in international wars to treat the conquered as. it pleases, without responsibility to any ody but the Almighty; and in civilWars, in rebellions, it may treat the conquered and revolted subjects or citizens either as traitors or as prisoners of war; and if it elects to treat them as prisoners of war, then it does awa with the stinction between international an civilwar.
Mr. NIBLACK. I want to understand the gentlemans position. Does he claim this as a moral right, or as a right of force merely? If the power is abused in this respect, he says there is no remedy. Do I understand him as holding that it would not be a case in which other nations might interfere?
Mr. BliOOhIALL. Not according to the laws of nations. other nations may remonstrate, but they can do nothing more;
Mr. NIBLACK. Are not the whole family of nations interested in seeing that the lawn; of nations are kept inviolate, and when the are gnossly outraged may not other nations nght fully interfere?
Mr. NIBLACK. I dislike to be troublesome, but the gentlemans remarks attracted my attention, and I wish to understand whether his positionis that the States lately in rebellion are not now States within the meaning of the Constitution in the full sense of the word. Is that his arment “
Mr. BROOMALL. I do not distinctly hear the gentleman.
Mr. NIBLACK. I wish to inquire whether I rightly understand him when I understand him to argue that the States lately in rebellion are not now States within the Union within the meaning of the constitution?
Mr. BROOMALL. With right to representation here?
Mr. NIBLACK. In the general Sensethe full sense.
Mr. NIBLACK. Are the not now “States” within the meaning of the constitution when it speaks of States?
Mr. BROOMALL. I now understand the gentlemans question and I willanswer it. These organized communitiesfor if the neWspapers represent correctly, they are somewhat organizedare not, in my opinion, full States of the Union. If I had thought they were, I should not have voted for the concurrent resolution by which the ComReconstruction was apointed. Mr. NIBLACK. Then I begto inquire what, in the gentlemans opinion, are now the relations of the POTUS, he being a citizen of the State of Tennessee, to the rest of the U.S and the people of the U.S.?
Mr. BROOMALL. I heard that question started earl in this session, and it struck me that it would not be repeated. I have yet to 1learn that it is necessary, under the Constitultion, for a man to be a citizen of any State ot the Union before he can become eligible to the offices of President and VEEP. I find nothingr in the constitution which requires it, and I would like to haveseen an objection sustained to the reelection of President Lincoln upon the ground that he was a citizen of the DistCol and therefore not a citizen of any State, if he had so been, and if he had chosen he would have so been. I hope these interruptions will not be taken out of my time.
Mr. BROOMALL. Undoubtedly the present POTUS was at the time of the breaking out of the rebellion a citizen of the State of Tennessee and a citizen ot the U.S. If he had headed an army of the rebellion, if he had joined in the treason, probably the gentleman might have voted for him for VEEP; I certainly should not have done so. In that event he would undoubtedly have become ineligible for that othee, because he would have lost his position of citizen of the U.S. by his own belliger ency, and by his State being in a state of war against the U.S. But he was not in the rebellion. He was here at the time the rebellion broke out, performing his duties as a Senator of the U.S and when he went to Tennessee he went there in the interests of the Government. He was in no way concerned in the rebellion there. He remained a citizen of the U.S. just as much as it Tennessee had never rebelled, and was therefore properly eligible to the odice of either President or VEEP?
Mr. NIBLACK. One other remark, and I will not interru tthe gentleman further. As to how I might have voted, in the case supposed by the gentleman, that is not the question now. But I beg to inquire of the gentleman what the constitution means when it says the candidates for President and VEEP must be citizens of different States?
Mr. BROOMALL. The constitution does not say so.
Mr. NIBLACK. Is not that the purport ofit?
Mr. BROUMALL. No, sir. It says theyshall not both be citizens of the same State and I am inclined to think that at the time of the last presidential election Abraham Lincoln and AndrewJohnson were not both citizens of the same State.
Mr. STEVENS. I will ask my colleague [Mr. BROOMALL] this question: suppose the present President had been a citizen of the Territory of Nebraska, would he have been eli gible to the Office for which he was nominated?
Mr. BROOMALL. That reminds me of a question I asked, in sport, of my colleague [Mr. Srevsxs] when he returned from the Baltimore convention. I asked how it was that they had nominated a foreignor for VEEP; and when he expresse somelittle dissatisfaction at what had been done, I remember I told him I thought a man was eligible for the office of President or VEEP even though he was a citizen of the Territory of Tennessee, if he was a nativeborn citizen of the U.S.
Mr. NIBLACK. Suppose that Mr. Johnson is not a citizen of any State, is he eligible for President or VEEP?
Mr. BROOMALL. I so understand the constitution. If he isa citizen of the U.S., born within the limits of the U.S., he is eligible, no matter whether he Was born iua Territory that has never become a State or born in the DistCol, or inside some of the forts of the country.
Mr. NIBLACK. If he was a citizen of tennessee, would he not be taken out by Tennessee rebelling?
Mr. WILSON, of Iowa. Willthe gentleman allow me to interru t him a moment?
Mr. BROOMAL. I will not object if my time is extended.
Mr. WILSON, of Iowa. I would not interrupt the gentleman, only the inqniiyl desire to make seems to he pertinent to this branch of the gentlemans argument. I would like to let his opinion, as he seems to have studied ta subject somewhat, as to whether the President has the power to grant a special pardon for an 470 January 27, alleged crime before the person charged with its commission has been convicted?
Mr. BROUMALL. I can only answer the question of the Gentfrom Iowa [Mr. WtL I sort] by stating that the law has been so held, in the State of Pennsylvania. Iam inclined to i think that the President can pardon for a crime before conviction. But I express that opinion without an examination of the constitution and laws of the U.S. on that particular subject.
Mr. STEVENS. while we are upon that subject I would like to ask at colleague [Mr. Buoounlm] if he thinks that the President can restore property that has been conliscated as belonging to n belligerent, and the proceeds of which have been vested in the U.S.? Can the President thus restore property confis cated 1
Mr. HUBBELL, of Ohio, obtained the floor.
Mr. BROOMALL. I trust that the House will allow me to finish my remarks, inasmuch as I have been so much interrn ted.
Mr. WILSON, of Iowa. With the consent of the Gentfrom Ohio, [Mr. HUBBELL] I will move that the Gentfrom Pennsylvania {Mr. Enochint] be allowed sufficient time to conclude his remarks. There being no objection, the motion was agreed to.
Mr. VOORHEEiS. I ask the gentleman to yield to me that I may move an adjournment.
Mr. VOORHEES. I move that the House adjourn. The motion was agreed to; and thereupon (at 4 oclock, p. m.) the House adjourned.
@@@IN SENATE SENATE. Moron, January 29, 1866. Prayer by Rev. ALEXIS CASWELL, D. D., of Provience, RhdIsland. The Journal of Friday last was read and approved.
Mr. WILLEY. I have received a preamble and resolutions passed bv the Legislature of WestVirginia in favor of the speedy passage of the bil before Congress in relation to the annexation of the counties of Berkeley and Jefferson to the State of WestVirginia, and requesting their representatives in both branches of Congress to use their efforts to have that done as s eedily as possible. Inasmuch as thatbill has conreported and is now before the Son ate, I move that these resolutions be laid upon the table. The motion was agreed to.
Mr. WILLEY also presented resolutions of the Legislature of the State of WestVirginia in favor of the passage of the bill now pending in the HoRep granting lands to the State of WestVirginia to aid in the construction of certain railroads; which were referred to the ComPubLands.
Mr. POMEROY presented s memorial of the delegates of the Cherokee nation of Indians, renionstratinir against the passage of the bill to consolidate the Indian tries and to establish civil government in the Indian Territory, and prayin for indemnity for the loss of their cat tle nu crops, lost durin7 the rebellion, and for an equitable settlement for their lands in Kansas: which was referred to the ComIndAffrs. PAPERS WITHDRAWN and REFERRED. On motion of
Mr. CHANDLER, it. was Ordered, That the billfor the relief of James Blflfr den and the papers relntin theretobeforethe Senato of the U.S. on he 12thof March. A. D. 1858 and now on 110b. etaken from the files and laid beforethe ComCommerce. On motion of
Mr. WILLIAMS, it was Ordered, That the petition and other papersof Seth Eastman. on the files of the senate. bereferred to the ComcClaims. v,
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. McPnsRsos, its Clerk, announced that the house had passed a bill (H.R.No. 193) for the reliefof h rs. William L. Herndon, in which it requested the concurrence of the Senate. nsronrs or Comruns.
Mr. WILSON. The ComMilAffrs , to whom was referr a bill (S.No.50) in relation to the Freedmens Bureau, have had the same under consideration and directed me to report it back to the Senate and ask that the committee be discharged from its further consideration. As the Senate has acted on this subject, I move that the bill be indefinitely postponed. The motion was agreed to.
Mr. WILSON, from the ComPubLands, to whom was referred the bill (S.No.35) to grant one million acres of public lands for the benefit of public schools in the DistCol, reporteditwith an amendm ent.
Mr. DOOLITTLE, from the ComMilAffrs , to whom was referred a bill (S.No.48) amending the act of Congress entitled “An act to restrict the jurisdiction of the Court of Claims, and to provide for the payment of certain demands for quartermasters stores and subsistence supplies furnished to the Army of the U.S., ” approved July 4, 1864, reported adversely thereon.
Skip Skip MESSAGE FROM THE PRESIDENT. The following message was received from
the POTUS, by Mr. WILLIAM G. MOORE, his Secretary: To the Senate of the U.S.: In answer to the resolution of the Senate of the 17th instant, requesting the President “to communicate to the Senate, if in his opinion not inconsistent with the public interest, any letters from Major GenlSheridan, commanding the military division of the Gulf, or from any other otiieer of. the Dept of Texas, in regard to the present condition of affairs on the soulhivestern frontier of the U.S., and especially in regard to any violation of neutralit on the part of the army now occupying the rig it bank of the Rio Grande, ” I transmit lierewuh a report from the SecyWar bearin date the 24th instant. Concurring in his opinion that the publication of the correspoence at this time is not consistent with the public interest, the papers referred to in the accompanying report are for the present withheld., AndrewJohnson. Wtsaiuorox, January 26, 1806. On motion of Mr. SUMNER, the message was referred to the ComForRel, and ordered to be printed. norm: or A slim.
Mr. DAVIS gave notice of his intention to ask leave to introduce a bill making it a penal offense to form Jucobin clubs or other organizations to control the legislation of congress, or the proceedings of either of the 2 cases of Congress. BILLS INTRODUCED.
Mr. MORRILL asked, and by unanimous consent obtained, leave to introduce a hill (8. NO. 102) to incorporate the National Mutual Protection Homestead Company; which wan read twice by its title, referred to the ComDistCol, and ordered to be hprri. n the da. RRIS. On the 1st day of the present session I introduced a bill to reorganize the)udieiary of the U.S. Several other ills similar in their character have been introducedone by the Senfrom Nevada, Mr. Sp rnwanr] another by the Senfrom is souri, [Mr. HENosiisoii] I have corresponded pretty extensively with the judges of the northern States on the subject; I have taken their suggestions; I have availed myelf of the other bills; and I have reconstructed the bill I origi nally introduced, and I now ask leave to introduce it as a new bill. It will be more convenient to have it in that shape than to Introduce it as aii amendment to one of the other bills, and I therefore ask leave to introduce a new bill for the purpose of having it, print. ed and re. erred to the ComJudiciary. There being no objection, leave was given to introduce a bill (S.No.103) to reor nize the iudiciary of the U.S.; which was read twice by its title, and referred to the ComJudiciarya, and ordered to be printed.
Mr. SHERMAN asked, and by unanimous consent obtained, leave to introduce a bill (S.No.104 to promote military education which was read twice by its title, and referred to the ComMilAffrs .
Mr. WILLIAMS asked, and by unanimous consent obtained, leave to introduce a bill (S.No.105) to grant the right of way to the Cas cade Railroad Company through a military reserve in Washington Territory; which was road twice by its title, and referred to the ComMilAffrs .
Mr. YATES asked, and by unanimous consent obtained, leave to intronee a bill (S.No.106) to protect citizens of the U.S. in their civil and political rights; which was read twice by its title.
Mr. STEWART. I ask for the reading of that bill in full.
The Secretary read it, as follows: Whereas the constitution of the U.S. abolishesslavery in all the States and Territories of the U.S. wherebyall constitution s. laws or regulations of any State or Territory in aid of slavery or growing out of the same. are null and void; an whereasby virtue of said abolitionof slavery all men in all the States and Territories are citizens and on titled to all the rights and privileges of citizens. subject only to the legal disabilities applicable to white persons; and whereas it is also expressly provided that Congress shall have power to enforce by appropriate legislation the aforesaidpower abolising slavery. which cannot be done Without protecting all citizens against all restrictions, penalties, or deprivations o riglhtresulting from slavery, and securing to them all t cir civil and political rights, including the elective franchise: Therefore, Be it enacted, do. That no State or Territory of the U.S shall, by nnycoristttution, law or other reulation whatever, heretoforein forceor hereafter to e adopted, make or enforce or in any manner recognize. any distinction between citizens of the U.S., orotiiny Stateor Territory, on account of race. color orcondition; and that hereafternll citizens of the U.S. withoutdistinction of race. color or condition shall o protectedin the full and equal enjoyment of all their civil and political rights. Including the right of suffrage.,
Mr. YATES. I move that the bill be printed, and referred to the JtComReconstruction. The motion was agreed to.
Mr. NORTON asked, and by unanimous consent obtained, leave to introduce a bill (S.No.107) to provide for a term of the district court for the district of Minnesota, to be holden at the city of Wmona, in said district; which was read twice by its title, and referred to the ComJudiciary.
Mr. WILSON asked, and by unanimous consent obtained, leave to introduce a bill (S. No.108) increase the number of cadets in, and to raise the standard of admission to, the Military Academy; which was read twice by its title, referred to the ComMilAffrs , and ordered to be printed.
Mr. HOWARD asked, and by unanimous consent obtained, leave to introduce abill (S.No.109) to rescind 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; which was read twice by its title, and referred to the ComPacificRR.
Mr. LANE, of Kansas, asked, and by unanimous consent obtainedi, leave to introduce a bill (S.No.110) for the relief of Samuel D. LeCompt which was read twice by its title, and referre to the ComPrivLandClms.
Mr. GRIMES asked, and by unanimous consent obtained, leave to introuce a JtResolution (S.R. No. 25) tendering the thanks of Congress to Vice Admiral Davrd G. Farragut, and to the officers, petty officers, seamen, and marines under his command for their gallantry and good conduct in the action in Mobile bay on the 5th August, 1864 which was read twice by its title, and referred to the ComNavAffrs. IMPROVEMENT OF PUBLIC GROUNDS.
Mr. FOOT submitted the following resolution; which was considered by unanimous consent, and agreed to: Resolved. That the ComPubBldgs and Grounds bedirected to inquire into the expediency “of an appropriation for improving, gradin. planting. draining and inclosing the public groun s in the city of Was in ton. to be expendedunder the direction of the presientof"the U.S. in the executionof such plan or plans ashe mayadopt and including alsoa plan for the extension. improvement and inclosureof the Groundsaround the capitol building. HOUSE BILL REFERRED. The bill from the HoRep H.R.No. 193) for the relief of Irs. William. Herndon, was read twice by its title, and referred to the ComPatents and the Patent Ofice. HORSE RAILROAD IN MICHIGAN.
Mr. WILSON. The ComMilAffrs , to whom was referred the JtResolution (H.R.No. 53) authorizing the SecyWar to grant the use of a portion of military reserve on StClair river, in the State of Michigan, for railroad purposes, have directed me to report it back to the Senate without amendment, and as it is a small matter and is of some little importance to the people in that locality, I am instructed to ask for its present consideration.
The PRESIDENT protempore It requires unanimous consent to consider the JtResolution on the day it is reiorted.
Mr. SHERMAN. Is ould like to hear what it is about. I
The Secretary read the JtResolution, which authorizes the SecyWar to grant to Guerdon o. Williams, of the city of Detroit, in the State of Michigan, and his associates, the use of so much of the military reserve on the StClair river, in the State of Michigan, known as the site of Fort Gratiot, as is necessary for extending a horse railroad from Port Huron City to the depot of the Port Huron and Detroit railroad, at such rental and upon such terms and conditions as to him may seem proper, reserving to the U.S., however, the right of removing the rails, ties, and other arts of the road whenever the SecyWhor shall direct, without any claim or right for damages on the part of Williams and his associates, or their legal representatives. There being no objection, the Senate, as in ComWhole, proceeded to consider the point resolution. Mr. WILSON. Iwill simplystate to senators that the depot of this ort Huron and Detroit railroad is about a mile and ahalf from the villa e. In order to accommodate the people of the (p ace, a horse railroad has been incor porate, and it is necessary that that railroad should pass over a portion of this land. The land is not used; it can do no harm to grant this privilege, but the SecyWar thought he hadnot the power to orderit or to direct it to be done. This resolution gives that authority, reserving to the U.S. the right to take up the railway at any time whenever the SecyWar shall so direct. I hope the joint. resolution will be passed. It will be for the benefitof the people of that locality, and do the Government no harm whatever. The JtResolution was reported to the senate without amendment, ordered to a 3rd reading, read the 3rd time, and passed. COLLECTION OF SOLDIERS, CLAIMS.
Mr. WILSON. I now move that the senate proceed to the consideration of Senate bill No. 88, to restrict the expenses of collecting soldiers claims against the Government. The motion wasn reed to; and the Senate, as in ComWhole, resumed the consideration of the bill.
The PRESIDENT protempore. The pending questionis on the rst amendment reported IL); the ComMilAffrs and the ilitia to the 1st section of the bill, which will be read.
Mr. CLARK. Before the question is taken on the amendments to that section, unless some Senator desires it, I wish to move an amendm ent, which is accc table to the chairman of the ComMilAffrs, striking out the whole of that section after the enactin clause, and inserting in lieu thereof what I sento the Chair.
The PRESIDENT protempore The osed amendment of the Senfrom ampshire will be read for information.
The Secretary read the proposed amendment; which was to strike out all of the 1st section after the enacting clause, in the following words: That the fees of agents and attorneysfor making out and causing to be executed the papersnecessary to establishany claim of any commissioned officer or enlisted man of the reulurArmy. volunteers or militia forceswhen calle into theserviceof the U.S and for collecting such claim for bounty. ar rears of pay or other allowances shall in no case cXcoedten dollars: Provided. That the ex crises in curred in acknowledging the necessary a davits in such claims before a notary public. justiceofthe peace, or other public officer shall bedefriwed by the claimant. but shall in no case exceed the actual amount establishedby law for such acknowledgments and to insert in lieu thereof: That the fees of agents and attorneys for making out and causingto be executed the necessarypapers and for establishing and collecting any claim against the U.S. for bounty. arrears of pay allow ances or gratuities for military service, whether due to the person performing. such service, his heirs, as signs or legalrepresentatives, shall in no caseexceed ten dollars unless the accounting officer allowing such claim shall on application. certify a further sum to 1o“ 6W be just and proper.
Mr. CLARK. The object of the amendment is to provide for certain cases where the amount of the fee to be paid may belarger than ten dollars, butit is not to be paid unless the accounting officer who examines the claim certifies that it is just and proor. The provision limitmg the fees to ten dol ars willinclude undoubtedly veie y much the largest portion of the claims an probably that sum is quite sufficient, audI ive my support entirely to it, because there have been great enormities rncticed bv these claim agents; but still there is a classo cases, few in number, which may be provided for in the way suggested by this amendment.
Mr. WILSON. IYam very willing to or assent to that amendment. accept I have may e some in uiries in regard to it, and I find that there will be no difficulty in the matter. The other day I consulted with the 2nd Auditor 0n the subject and he is of the opinion that the amendment will be practical in its operations, and I am perfectly willin to accept it. There may be the casesof some o cers, and perhaps of a few privates, where the labor performed will be of more value than ten dollars, and in such a case the accountin officer may certify to the fact; but, as the Au itor says, where there will be one case of that kind. there will be 30where the tendollar fee will be ample; and I have no doubt that in the administration of the law the accounting officers will be careful not to certify anything unless it is absolutely necessary.
Mr. DOOLIT the If this matter had no connection with the Government itself, perhaps the argument of the Senfrom Indiana might be controlling and conclusive but the truth is, this is a business in which the Government itself is connected as a party, the party who proposes to pay, the party who proposes to secure the payto whom it belongs; and therefore, in dealing in relation to a matter with which the Government itself is connected, I think it is no violation of the rights of citizens to make cond tracts, that the Government does impose terms upon which persons may engage in collecting claims against the Government in behalf of soldiers, to prevent the soldiers from being imposed upon. They may provide, without a violation of the rights o individuals, that the person who takes a claim against the Government to collect shall not charge on that claim more than a hen amount. Ten dollars is the sum specific in this bill. No one claims that the precedent which was established in reference to the fees for the collection of pensions has led to any bad results, and there ore I am inclined to sustain this billas it came to us from the committee.
The PRESIDENT protempore. By unanimous consent, the amendments reported by the ComMilAffrs to the 1st section will be laid aside, and the question will be taken upon the amendment proposed by the Senfrom NewHampshire, to strike out the whole of the 1st section after the enacting clause, and to insert what has been read. The question is on that amendment. The amendment was agreed to.
The PRESIDENT protempore The amendments reported from the Committce on Military Adams and the Militia to the 2nd section of the bill will be read.
The Secretary read the next amendment, which was in section 2, line 5, after the word “allowances” to insert. “or gratuities, ” and in line 6, after the word “ contract” to insert the word “ or, ” so that it will read: That any agent or attorney who shall directly or indirectly demandor receive any greater compensation than is provided for by the 1st sectionof ibld act for his servicesin the collection of any claim for bounty. arrears of pay or other nllowances or gratuities, or who shall contract or agree to prosecuteor collect any such claim, on the condition that he shall receive a%. upon any portionof such claim, Are. The amendment was agreed to. The next amendment was in section 2, line ten, to strike out the word “to, and insert “from, ” and in line 12 to strike out the word “fined” and insert “punished by fine, ” and in line 13 ito insert the word “ by" by ore the word “imprisonment, ” so that the clause will read: Or who shall wrongfully withhold the payment of the proceeds of such claim from the claimant shall be deemedguilty of a misdemeanor, and upon conviction thereot shall, for everysuchoffense. e punished by finenot exceeding$300, or by imprisonmentat hard labor not exceeding two years or both. according to the circumstancesand aggravations of the oifonso. The amendment was agreed to.
The PRESIDENT protempore That completes the amendments reported from the committee. The bill is still before the Senate, and open to amendment.
Mr. CLARK. To make the 2nd section conform to the 1st as amended, I move further to amend that section by inserting after the word “receive” at the end of the 2nd line the words, “without the certificate of the accounting Officer.” The amendment was agreed to.
Mr. CLARK. I move further to amend that section in the 8th line by inserting after the word “ claim" the words, ” or who shall receive such %.” As the section now stands, it provides simply for punishing the man who shall agree to receive any greater compensation than is provided in the 1st section. I want to provide also a punishment for the receiving of it as well as the agreeing to, do it. The amendment was agreed to.
Mr. CLARK. I move further to amend the same section by inserting after the word “ claim” at the end of the 9th line the words “or any part thereof.” The amendment was agreed to.
Skip Skip The bill was orderengross for a 3rd reading, and was read the 3rd time.
Mr. SAULSBURY. If I believed that the Congress of the U.S. had any authority to pass such a bill as this, and it would do any good, I would cheerfully vote forit. I have no doubt it is true, as stated by Senators on this floor, that great wrongs have been perpetrated by agents in the colleqtion of the claims of soldiers, but I know of no authority of the congresa of the U.S. to meddle with that evil. There is a remedy for it, sir, and that remedy is available to every soldier in the U.S., and it will do him more good if he will observe it than all the enactments Congress can make on the subject; and that is, instead of intrusting the collection of his claims to irresponsible agents, persons who advertise that they will specially attend to this business, to go to the best, most honest, and able lawyer in his neighborhood, and get him to attend to his business, and he will attend to it properly. If the soldiers will pursue that course, just as you and I sir, would do in any private transactions in the business of life where we might need an attorney, they will save a great dea more to themselves, and be a great deal more benefited than they can possibly be by such an enactment as this. As I do not believe Congress has any authority to pass this bill, and as I believe it will be productive of no good whatever, I ask for the yeas&nays on its passe e. The yeas&nays were ordere.
Mr. HENDRICKS. I suggest to the Senfrom Massachusetts who introduced this bill that there is an evil provided against in it which I think it is competent for Congress to reach, and that is, the refusal or failure on the part of any agent or attorney to pay the money over after he shall have collected it; but the fine imposed by the bill I believe is only $300. In many instances they collect much morc money than that. If on want to prevent that refusal or failure, the ne ought to c at least as high as the amount of monc that will come into the hands of the agent. doubt if that amount of fine will accomplish what the Senator desires. I believe Congress can punish that, but I do not think the can regulate a contract.
Mr. whLSON. I do not know thatI precisely understand the Senator.
Mr. HENDRICKS. I believe the fine that may be imposed upon a party who fails to pay the mono over is limited to $300. I suggest that that us is not large enough, if you intend to prevent that offense.
Mr. WILSON. It is probable by a fine of $300, or by imprisonment at hard abor not exceeding 2 years, or both. I think the punishment is quite sufficicnt.
Mr. HEhDRICKS.Imprisonment may be added besides the fine?
Mr. CLARK. Yes, sir: a line of $300, or imprisonmrnt for 2 years, or both.he querton being taken by yeas&nays on the pass: go of the bill, resultedyeas 84, nays 7; ABSENT and So the bill was passed. PROTECTION or CIVIL RIGHTS.
The PRESIDENT protempore The morning hour having expired, it becomes the duty of the Chair to call up the unfinished business of Friday, which is the bill (S.No.61) to totect all persons in the U.S. in their civil rights, and furnish the means of their vindication, which is now before the Senate as in ComWhole.
Mr. DIXON. With the consent of the Senfrom Illinois, I will ask that the bill (S.No.71) relative to the sale of postage stamps and stamped envelopes on credit he now taken up. I think it will take but a very short time to pass it.
Mr. TRUMBULL. I presume the Senator can pass it in the morning hour tomorrow.
Mr. DlXON. Iwill not urge it if the Senator objects, but I think it is of importance and ought to be passed at once.
Mr. TRUMBULL. Probabl it will not give rise to debate, and I presume there will be time to pass it in the morning hour tomorrow.
Mr. VANWINKLE. If the gentleman will permit me. befpre he passes from this subject should like him to explain, if these Africans pronot now citizens of the U.S., where is the authority by law of Congress to make them citizens?
Mr.) TRUMBULL. The constitution of the U.S. confers upon Congress the right toprovide uniform rules of naturalization.
Mr. VANWINKLE. For the admission of foreigners.
Mr. TRUMBULL. Not necessarily of foreigners.
Mr. VANWINKLE. For the naturalization of foreigners, I If reeollect the language.
Mr. TRUMBULL. If the Senfrom WestVirginia will look into the statutes, he will find that it has happened in the history of the Government more than once that Congress by General act has naturalized a whole people. I think there was an act of that kind in reference to the Stockbridge Indians, an not of that character making citizens of the U.S. of the people of Texas and the people of Florida I think. here have been severa general laws of that character; and the authority under the constitution of the U.S. to declare who shall be citizans of the U.S. is, as I understand, vested in Congress and nowhere else. My friendfrom Massachusetts [Mr. SUXNEI] has handed me the constitutional clause on this subject, which declares that Congress shall have power“to establish a uniform rule of naturalization.” nothing is said about foreigners.
Mr. VANWINKLE. I perceived my mistake before the gentleman read the clause.
Mr. COWAN. I should like to ask the honorable Senators question here. I have not had an opportunity of examining the bill very fully; but, as I understand the bill, this kind of case might. occur: the State judge might be honestly of opinion that a State law was not in conflict with the U.S. law, and yet, as I understand it, he maybe dragged into the U.S. court and punished in that court as a criminal by fine and imprisonment. I would ask if that has been well considered; if it is supposed that that. kind of practice will work in this country? wouldit not be better, ifthis man has mistaken the law and has executed some low which is in conflict with U.S. laws, that a writ of error should lie to the Snpreme Court of the Union, and have it corrected in that way?
Mr. TRUMBULL. I believe that a bill is pending on your table new to allow writs of error in certain criminal cases to be taken to the SCOTUS; but, air, the answer to the Scout from Pennsylvania is this: it requires aunio of actand intention to commit a crime. A m must intend to commit it; and if an honest judge misconceives the law, and makes a mistake in judgment Without any intention to disregard the w, would any jury in America convict him? Will be in no danger.
Mr. COWAN. Then I will ask if at does i be, to see that the law is executed and observed. It will have no operation in any State where the not come in conflict with another principle of law whether a judge in a criminal court can be held responsible for the integrity of his intentions as to the decisions he makes?
Mr. MCDOUGALlJ. I beg leave to ask the Senator how he interprets the term “civil rights” in the bill.
Mr. TRUMBULL. The 1st section of the bill defines what I understand to be civil rights: the right to make and enforce contracts, to sue and be sued, and to give evidence, to inherit. purchase, sell, lease, hold, and convey real and personal property, and to full and equal benefit to all laws and proceedings for the securit of person and procrty. These I understan to e civil rights, undamental rights belonging to every man as a free man, and which under the constitution as it now exists We have a right to protect every man in.
Mr. MCDOUGALL. Allow me to remark that I think all those rights should be conceded. Do I understand that this bill does not go further than to give protection to the enjoyment of life and liberty and the pursuit of happiness and the protection of the courts and to have justice administered to all? Do I understand that it is not designed to involve the question of political rigiits?, im1.
Mr. TRUMBULL. Thisbill hnsnothingto do with the political rights or status of parties. It is confined exclusively to their civil rights, such rights as should appertain to every free man. Having stated is much in regard to the object of the bill and its main features, I submit it to the Senate, and shall not further occupy its attention at the present time, and perhaps not at all unless it should be to reply to BB questions which may be made by other s.
Mr. HOWARD. I wish to putaquestion to the honorable Senfrom Delaware, with his permission; I do not intend to interrupt the tenor of his remarks. My question is whether the amendment of the constitution does not render persons who were formerly slaves free men, whether that be not its intention and effectiu law.
Mr. SUMNER. I move that the Senate proceed to the consideration of executive business. The motion was agreed to; and after some time spent in executive session, the doors were reopened, and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. hIONDAY, January 29, 1866. The House met at 12 oclock in. Prayer by the Chaplain, Rev. C. B. BOYNTON. The Journal of Saturday last was read and aproved.
The SPEAKER announced as the 1st business in orderthe call of committees for reports, to go upon the Calendar, and not to be brought back by a motion to reconsider. The committees were called, commencing with the ComElections; and no reports were presented. PRESENTS to OFHCEHOLDERS
The SPEAKER. The nextbusiness in order is the call of States for resolutions commencing with the State of Indiana. Under this call, the 1st resolution in order is one offered on last Monday by the Gentfrom Indiana, Mr. NIBLACK] the morning hour having on that day expired pending theicall of the previous question upon the resolution. The resolution was read, as follows: reaolved. That the conduct of his Excellency. AndrewJohnson. POTUS, in declining to accept n earriage and horses tendered to ihnimNeswince his accession to office by some of illS fflOhlI$ o rk. was:underthe circumstunce s which surrounded him. eminently prudent mommendahlc and patriotic. it ffordinga. s it did a valuable example to others similarly situated and meets the unqualified upkeroitbfautriothneorftrheims iHmolu. sTeh. at i t i s the senseof this House that the practice. now so common. of persons holding official positions under the Government up ccpting presentsof value from their subordinates in othee. moreor less dependent upon them for appoint mizmengt. ipnroimtsotteionnd. conre ioetsh. deerostflruiccituivlfeavoofrsp. uisbldicemcoonrafll dence and ought to be prohibited.
Mr. DEFREES. Mr. Speaker, cannot this matter be laid over until my colleague [Mr. NIBLACK shall be present?
The Speaker. It cannot. The resolution is now before the House, and the demand for the previous question is pending.
Skip Skip On 2nding the call for the previous question, there were, on a divisionayes 34, noes 85 no uoruin voting. The s BAKER, under the rule, ordered tellers and appointed Messrs. KERR and Pains. The House divided; and the tellers reported ayes 50, noes 44. So the previous question was 2nded. The main question was ordered. Mr. FARNSWORTH. whether a motion to lay the 1st of these resolutions on the table would be in order.
The SPEAKER. It would not be, because that would carry with it both resolutions.
Mr. FARNSWORTH. Then I ask for a division of the question, so that the vote may be taken separately on the 1st resolution. trust that that resolution will not be adepted, because it is evidently intended to imply a censure upon the late President.
Skip Skip The SPEAKER. The resolution will be divided. The gentlemans motion to lay on the table would now be in order. Mr. FARNSWORTH. I move that the 1st resolution be laid on the table. Mr. KERR. On thpt motion I call for the yeas&nays. The yeas&nays were ordered.
Skip Skip The question was taken; and it was decided in the ne ativeyeas 13, nays 119, not voting 60; So the House refused to lay the 1st resolution on the table. During the call of the roll, Mr. ANCONA stated that his colleague, Mr. DENISON, was detained from the House by sickness. The result was announced as above stated. The question then recurred on the adoption of the rst resolution.
Mr. HOOPER, of Massachusetts. orderto move an amendment?
The SPEAKER. It is not, as the previ0us question has been 2nded, and the main question ordered:.,
Skip Skip The question being taken on the 1st resolution, it was adopted. The 2nd resolution was adopted. Mr. KERR mtRtv the resolution was adopted; on the table. Agreed to. USE OF THE HALL.
Mr. HILL submitted the following resolution: Resolved. ThatthoCoinpiittee on Rules be instructed to report ii rule prohibiting the useof the hall of the HoRepfor any other purposethan the legitimate businessof Congress.
Mr. ASHLEY, of Ohio. I suppose that the resolution does not exclude the Sunday service by the Cha lain.
Mr. HIL. Of course not, as that is in connection with his position in this House.
Mr. ASHLE, of Ohio. Ihope the resolution will be amended so as to read “that the committee inquire into the expediency. ”.
Mr. HILL. I prefer to have the resolution mandatory, and to take the sense of the House.
Mr. CONKLING. Does the resolution prevent us from assembling here sometime next month tohear a eulog on the late President?
The SPEAKER. The Chair cannotconstrue the resolution now. I
Skip Skip Mr. HILL demanded the previous question. The previous question was 2nded, and the main question ordered. Mr. STEVENS mored that the resolution be laid upon the table. The House divided; and there wereayes 71. noes 61. Mr. HILL demanded the yeas&nays. The ycas and nnys were ordered. The question was taken; and it was decided in the negativeyears 73, nays 78, not voting 31; So the resolution was not laidu on the table. The question recurred 0n the a option of the resolution. The House divided, and there wereayes 63, noes 62. Mr. ASHLEY, of Ohio, demanded tellers. Tellers were ordered; and Messrs. HILL and TAYLOR were appointed. The House again divided; and the tellers reportedayes 64, noes 62. So the resolution was adopted. Mr. HILL mtRtv the resolution was adopted; upon the table. Agreed to. JeffersonDavis.
Mr. JULIAN submitted the following resolution, on which he demanded the previous question: Resolved, As the deliberate judgment of this House that the speedy trial of JeffersonDavis for the crime o treason and his prompt execution when found guilty, are imporatively demandedby the people of the U.S. in order that treason may be adequately branded by the nation. traitors made infamous and the repetition of their crime, as far as possible. be prevented.
Mr. SCHENCK. I suggest that the word “when” be stricken out an “ if” inserted, so as to read, “if found guilty, ” &c., and insert the words “ either by a civil ormilitary tribunal.”
Mr. JULIAN. I accept that as a modification of my resolution.
Mr. STEVENS. I think he had better be tried by town. [Laughter]
Mr. BINGHAM. Iappeal to the Gentfrom Indiana to let this resolution go over, for the reason that if it is confined to the mere crime of treason everybody knows that a military tribunal has no cognizance at all. There are other crimes with which this man stands charged, which are cognizable only within the States in military tribunals of justice. Therefore I trust the gentleman will not ress this thing to avote in this way without giving the House on opportunity, at least, to amen the resolution.
Mr. JULIAN. I mean to insist on the previous gestion.
Mr. ARRIS. I move to amend by striking out the word “ deliberate, ” if it is in order.
The SPEAKER. That is. not in order, the previous question being moved.
Mr. BINGHAM. I appeal to the Gentfrom Indiana, if this resolution must be pressed to a vote, that he insert after the word “trea son” the words “or other crimes with which he stands charged.”
Mr. VOORHEES. I wish to ask the Gentlemen M Mr. WASHBURNE, of Illinois. Mr. Speaker, is debate in order?
The SPEAKER. It is not, except by unanimous consent, the previous question being moved.
Mr. STEVENS. I appeal to the Gentfrom Indiana to send this resolution to the ComJudiciary, as there are resolutions of this kind now before them.
Skip Skip The previous question was not 2nded, the ayes being 26, noes not counted.
Mr. STEVENS. Irise to debate the resolution.
The SPEAKER. It then goes over under the rule. surrnsos IN THE DISTCOL.
Mr. FARQUHAR submitted the following resolution, and demanded the previous question thereon: Rmlwd. That the ComDistCol be instructed to report an amendmentto the election laws of the DistCol. excluding from the privilege of suffragewithin said District all persons who have voluntarily borne arms against the U.S or acceptedofliec from the rebels during the late rebellion.
Skip Skip The previous question was 2nded, and the main question ordered; and under the operation thereof the resolution was adopted. PENSIONS to TEAMSTERS, WIDOWS, ETC.
Mr. ORTH submitted the following resolution, and demanded the previous question thereon: Resolved, That the ComPensions be directed to inquire into the expediency of grantin pensions to the widows and heirs of teamstersan ospital stewardswho may have died while in the serviceduring the late rebellion.
Mr. UPSON. I suggest to the gentleman to include “wagoners, ” by inserting that word after “teamsters.”
Skip Skip The previous question was 2nded, and the main question ordered; and under the operation thereof the resolution as modified was adoptetL PRIVILEGED QUESTION.
Mr. NIBLACK. Mr. Speaker, I was detained this morning in one of the Depts longer than I anticipated and therefore my vote on the resolution offered last Monday by me is not recorded. Of course I would have voted for it. I did not anticipate that it would be called up so soon this morning. CIRCULATING NOTES.
The SPEAKER, by unanimous consent, laid before the House a communication from the SecyTreasury, transmittingastatement prepared by the Comptroller of the Our rency of the aportionment of the circulating notes made to 519 different banking associations in the various States, in reply to a resolution of the House of January 19, 1866; which was referred to the ComBanking&Currency, and ordered to be printed. REVISION OF REVENUE LAWS.
The SPEAKER also, by unanimous consent, laid before the House the following communication from the SecyTreasury: Tasasusr Dept. January 29. 1866. Sin: Herowith I have the honor to presentto on a report from Messrs. David A. Wells, Stephen ol well and S. S. Hayes. Appointed a commissionfor the revision of the revenuesystemof the U.S. in accordancewith the provisions of the 19thsection of the amendatoryact of Congress. approved March 3, 1867 In presenting this report i t maybe proper for moto remark that, with thesmgle expection, perhaps, of the one in regard to the time at which the inyiiiciit of the principal of the national debt should be commenced. the recommendationsof the commission have my heartyapproval. The very important work devolved upon the commission, asfar asit has been presented, has been most admirably performed. I earnestlyask that the reportmay reccivet he early and carefulcon sideration of Congress. I am, very truly, your obedient servant. HUGH McCULLOCH. SecyTreasury. Hon. Scunrtim COLPAX, Speakerof the HoRep. On motion of Mr. MORRILL, the communication was referred to the ComWays&Means and ordered to be printed.
Mr. whENTWORTH. I ask the honorable chairman of the ComWays&Means to add to his motion that the ComPrintg inquire into the expediency of printing an extra number of copies of that document.
The SPEAKER. The gentleman can move for the printiii 0t extra copies, and the motion will go to the ComPrinting.
Mr. WENTWORTH. I move that the ComPrintin be instructed to inquire into the expediency o printing 10,000 extra co ies of the report. I he motion was referred, under the law, to the ComPrintg. CLERK To A COMMITTEE.
Mr. KASSON, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Resolved. That the Committee onCoilinge, Weights, and Measuresbe authorizedto employ a clerk, at the usual rate of compensation, for not exceeding 40 daysduring the presentsession.
Mr. KASSON mtRtv the resolution was adopted; on the table. Agreed to. INCOME TAX.
Mr. SCHENCK, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Resolved, That the SecyTreasury be requested to inform this House whether the income taxes levied and collected from the estates of deceased persons whose deaths occurred subsequently to December 31. 1863, and prior to the levy for t atyciir. are treated by the Treasury Dept as lawful collections, whiloin similar cases for subsequent years such taxes are not oollected, or if collected are refunded and if snchbothe practicc of the Dept. what authority of law there is for such discrimination. COURTS. IN REBEL STATES.
Mr. KELLEY, by unanimous consent, introduced a bill securing to non-resident litigants the benefit of the jurisdiction of the U.S. courts in States lately in rebellion in certain cases; which was read a 1st and 2nd time, and referred to the ComJudiciary. HARBOR IMPROVEMENTS.
Mr. ELIOT, by unanimous consent, submitted the followmg resolution; which was read, considered, and agreed to: Resolved, That the SecyWar be directed to communicateto the HoRep the various reports most recently madefromoflicers of the Engineer corps, of r eairs. alterations and improvementsrequired at different harborson the sea, on the lake coasts and inland rivers. Where public works are built, or ordered, or are in the courseof erection, and to give such information as to the appronations required for the next fiscal car for the vantageoua prosecutionof the work. which may be in the possessionof the Dept. ssssross or A connrrrss.
Mr. MORRILL. I ask the unanimous consent of the House that the ComWays&Means have leave to sit during the sessions of the House. There was no objection; and the leave whgranted. U.S. LIFE INSURANCE COMPANY.
Mr. EOKLEY, by unanimous consent, introduced a bill to incorporatcthe U.S. Life Insurance Company; which was read a 1st and 2nd time, and referred to the ComDistCol. ARSENAL EXPLOSION.
Mr. INGERSOLL. I ask the unanimous consent of the House to rert from the committee for the DistCol, for action at this time, a JtResolution for the relief of the sufferers by the late explosion at the U.S. arsenal in this city. The JtResolution was read. It appropriates $2, 500 to be placed by the SecyTreasury in the and s of Colonel Benton, the commandant of the arsenal, to be distributed among the sufferers by the recent explosion according to the equities and necessities of their several cases, and that said commandant report the details of said distribution to Congress with the vouchers therefor.
Mr. WASHBURNE, of Illinois. This is one of agreat man cases. There have been explosions at City point and at other places, and I think we had betterhave a general law. I therefore object to the consideration of the resolution at this time. STEAMBOAT PASSENGER BILL.
Mr. DARLING, by unanimous consent in. troduced a bill to amend the not entitled An act to regulate the carriage of passengers in steamships and other vessels, ” aproved March 3, 1863; which was read a 1st an 2nd time, referred to the ComCommerce, and ordered to be printed. BASIS OF REPRESENTATION.
Mr. STEVENS called for the regular order of business.
The SPEAKER stated the regular order of business to be the consideration of the following JtResolution reported by the JtComReconstruction: Resolved the Senate and HoRep of the U.S.A. in Congress assembled, 2/3rds of both houses concurring That the following article he proposed to the Legislatures of the several Status as an amendment to the constitution of the U.S.: which, when ratified by 3/4ths of the said Legislatures, shall bevalid as part of said constitution, namely: Anrlons. Representatives and direct taxes shall be apportioned among the several States which may be included within this Union according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed: ed, That whenever the elective franchise shall be denied or abridged in an State on account of race or color all persons of such race or color shall be excluded from the basis of representation., The Hgnding question was on the motion of Mr. Ln10m) to refer the JtResolution and pending amendments to the ComWhole on the state of the Union, upon which Mr. Ransom) was entitled to the floor.
Mr. CORKIJNG. With the emission of my colleague, [Mr. RAYMOND] will request the Chair to state the exact position of this subject before the House, and the various questions now pending.
The SPEAKER. The committee having rerted this JtResolution, the Gentfrom Pennsylvania, [Mr. STEVEN8] moved to amend by inserting the word “ therein” after the words all persons, ” in the last clause of the proposed amendment to the constitution. Pending that motion, the Gentfrom Pennsylvania, [Mr. Ksnnnv, j moved an entircly new reposition in the nature of a substitute for the JtResolution reported from the JtCommee, (proposing an amendment to the constitution ifferin from the one reported from the committee. he Gentfrom Illinois. [Mr. Busty] also submitted for his colleague [Mr. Isosssorm] a proposition in the nature of a substitute for the one reported from the committee, as an amendment to the amendm ent. Pending those 2 propositions, the Gentfrom Ohio [Mr. worsen] moved to recommit the JtResolution to the JtCommee with certain instructions. The Gentfrom Massachusetts [Mr. Euor] moved to amend the instructions, and the Gentfrom Ohio [Mr. Sonar ex] moved to amend the amendment. The Gentfrom Ohio [Mr. Lu Bmsn] also moved to commit the whole subject to the ComWhole on the state of the Union. The 1st question will therefore be upon the motion to commit to the ComWhole, as that committee is higher in rank than. the pint ComReconstruction. ext after that will be the various motions to recommit with instructions. If all those propositions should fail, then the motion of the Gentfrom Pennsylvania, [Mr. Srsvsxs] sing for the purpose of perfecting the originalproposition, will come up for consideration. Then the propositionsin the natureof substitutes will come up for consideration; 1st the amendment to the amendment proposed by the Gentfrom Illinois, [hiii lihxsaq and next the substitute amendmentoflhc Gentfrom Pennsylvania, [Mr. KELLEY.] RECEPTION OF GENLSHERMAN .
Mr. FARNSWORTH. Ia pealto the Gentfrom NewYork [Mr. fisrnosn] to give way to enable me to make a motion that the House take a recess of 5 minutes, and that in the mean time the Speaker invite the distinguished general now on the floor, Major General W. I. Sherman, to the chair and introduce him to the members of this House.
Mr. RAYMOND. I yield with pleasure. The motion was agreed to; and the House accordingly took a recess. [The Speaker having conducted GenlSherman to the Speakers desk, said: Gentlemen of the HoRep, I have the honor to introduce to on this day, by your unanimous order, Major GenlSherman, so well known to you and to the whole civilized world as one of our most gallant and heroic defenders in the contest for the Union which has so happily closed. Of the brilliancy of his achievements, of his services for his country in peril, but, thank God, reserved, it is need less that I should speak. I know that gratitude for those services is felt in every loyal heart. [Applause.]
Mr. WASHBURNE, of Illinois. I call for 3 cheers for the distinguished soldier who is now present with us. In response to this call, the members on the floor joined with the spectators in the galleries in a round of most enthusiastic applause which did not subside for some minutes. GenlSherman , when silence had been comparatively restored, said: Gentlemen of the HoRep, I am more accustomed to cheering, such as you have given me, than I am to pitching my voice to reach the confines of such a Hall as this, which I have never before entered save as a locker on in the galleries. I can simply thank you from my heart for the cordial reception which you have extended to me, trusting that I may continue to deserve the good wishes which "the warmth of your welcome has manifested. To that end I will endeavor to do all in my power. [Renewed applause.] Genera Sherman en came upon the floor, and was introduced by the Speaker to the members of the House. At the expiration of the recess the House resumed busmess.]
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. W. J. MCDONALD, its Chief Clerk, informed the House that the Senate had passed, without amendm ent, House bill No. 53, authorizing the SecyWar to grant the use of a portion of the military reserve on the StClair river, in the State of Michi n. Also, that the Senate had passed a bill (S.No.88) to restrict the expenses of collecting soldiers claims against the Government; in which he was directed to request the concurrence of the House.
Mr. BINGHAM. My statement was this: I tremble for my country if the proposition now pending be all that this House proposes to send to the people for their a provall.
Mr. SHELLABARGEB. If the gentleman is willing to yield for the purpose of correction I will say he inaccurately understands what was my meaning.
Mr. SHELLABARGER. I do not wish to interrupt the line of the gentlemansargument, but I would ask to put a question now which bears directly on the point upon which he now proposes to base his argument. Mr. RAYMOND. 1f the gentleman will ask his question I will tell him whether it will interrupt my argument or not.
Mr. SHELLABARGER. I understood the Gentfrom NewYork to have just said that he regards these rebel States as now in the Union to all intents and purposes as effectually and as thoroughly as any of the States of this Union. Now, then, if that is so, I wish to ask him how this happens to be true, namely, (I read from the gentleman s speech recently made on this floor:) "The gentleman from Obio MLFIXCKl who prcceded me too the ground that t cy had only to resume their placesand their powers in the national Governmentthat their Representatives haveonly to come into this Hall and take their seatswithout question and without oonditions of any sort. Irannot concur, sir. in this view. I do not think these States have any such rishfi. On the contrary. I think we have a full and perfect right to require certain conditions. in the nature of guarantees for the future and that right rests, primarily and technically. on the surrender we may and must require at their hands. The rebellion has been defeated. A defeat always implies a surrender and in a political sense a surrender implies more than the transferof the armsused on the field of battle.”
Mr. SHELLABARGER. I do not propose to interrupt my friendfrom NewYork, except when he misapprehcnds the argument to which he is replyingl. He now misapprehends my proposition. hose qualities to which I allude as those that must he possessed by a State, in the clause that he has read from my speech, are not those qualities that belong to an international State, but the qualities which, by our constitution, must inhere in a State as indicated by the reading of the constitution itself.
Mr. SHELLABARGER. Will the gentleman allow me to interrupt him at this point?
Mr. RAYMOND. I appeal to the gentlemans sense of courtesy not to interrupt me unless I am led into some misstatement of fact.
Mr. SHELLABARGER. The gentleman misapprehends entirely the proposition I made. I am very anxious that he sha 1 answer what I did so, and not reply to something I did not say. understood the gentleman to say that he was willing to be interrupted for the purpose of correction.
Mr. SHELLABARGER. I thank the gentleman for this opportunity. Now, I am equal] desirous with the gentleman to attain to truth in this regard. Now, Icited the law of nations for the purpose of establishing this proposition: that that community which had become lawless was, during the continuance of the lawlessness, no longer a member of the family of nations, and the authority read by the Gentfrom NewYork, [Mr. Raruoxnd which he says I omitted like an adroit lawyer to read, is in exact harmony with that idea, that the suspension of the character of a State continues during the I period of lawlessness. That was all the point and purpose of my argument. There and at that point they ceased to be States for the time being. I afterward came to consider the question whether under our system those States that ceased to be States, even in the international sense, can be revived into governing States without the leave of my Government. Let the gentleman answer what I say, and not what I do not say. What I said was that these States having been suspended in their rights and governments, the resumption of those rights cannot be made by their own volition, but that is a matter which is under the control of the political Dept of my Government, to wrt, Congress and the Executive. There the analogy between the States of this Union and international States fails. An international State has no superior; and “when lawlessness ceases in such a State it does revive and become a State, jus. as Wheaton says. But under this Government the resumption of powers by a State in this Union is subject to the high control of the Government of the U.S. Let the gentleman answer that.
Mr. THAYER. Mr. Speaker, if the gentleman will allow me
The SPEAKER. Does the Gentfrom NewYork yield to the Gentfrom Pennsylvania, Mr. THAYER]
Mr. SHELLABARGER. Doyou desire an answer?.
Mr. RAYMOND. If I have misstated the gentlemans position, I do; otherwise I do not.
Mr. SHEL ABARGER. What was the gentlemans statement? I did not hear it.
Mr. RAYMOND. I do not suppose I have misrepresented the gentleman. I say that on the day before SCarolina passed her ordinance of secession she was a member of the Union by general consent. Now, was she a member the day after she passed it? If she wagnot, then the moment oi3 its passage was the specific time when she ceased to be a member of the Union. I say I do not understand the gentleman to maintain that position.
Mr. SHELLABARER. I do not maintain that position.
Mr. RAYMOND. Very well; so I supposed. Then I proceed to inquire still further, 1 it was not that, what was it, that accomplished this result which the gentleman maintains was accomlished by something or other? it
Mr. SHELLABARGER. I will not interrupt the gentleman unless he desires an answer to the question he has just proounded.
Mr. SHELLABARGElt. Then I will not interru thim.
Mr. DAVIS. I move that the time of my colleague [Mr. RAYMOND] be extended so that he can conclude his remarks.
Mr. RAYMOND. I would be greatly in debted to the House if I may be permitted to conclude what I have to say. No objection was made.
Mr. STEVENS. Did not Mr. Dana confine his remarks to the mere effect of passing the ordinance of secession?
Mr. SHELLABARGER. Will the gentleman yield to me for a moment?
Mr. SHELLABARGER. The gentleman seems to charge me (though I do not think he intended it) with an intentional misunderstanding of hlSDIGmMkSin regard td the constitution dealing With States. ow, air, if I fell into a misapprehension as to his meaning on that point, it Was his fault. If I fell into a miss prehension, it was because, in conuectiouwithliis statement that the constitution did not deal with States, he said that it did not do it “except in one or 2 instances, such as elections of members of Congress and the election of electors of President and VEEP, ” showing that he was not speaking of the constitution dealing with individuals in the punishment of crime or in the enforcement of aws, but that he was speaking of the constitution dealing with States in the political sense which I attributed to him, because he instanced those 2 cases.
Mr. RAYMOND. Iadmit, Mr. Speaker, that I was less guarded than I might have been in the language which I used; perhaps it was susceptible of a broader interpretation than I meant to give it. When I said that the constitution deals with individuals rather than States, I meant to confine it, as the connection shows though perhaps I should have done so more explicitly than I didto the matter of punish merits.
Mr. SHELLABARGER. The gentleman, I trust, will pardon me, ifI make one additional suggestion. I agree to the proposition which the gentleman states, that, in all matters of the enforcement of the laws under the constitution of the U.S., the constitution does act on individuals. That has been again and a in affirmed by the SCOTUS
Mr. SHELLABARGER] voting that the object of the war was to reserve the rights of the States unimpaired, an that when that Object was attained the war should cease.
Mr. SHELLABARGER. Will the gentlemun yield amoment?
Mr. SHELLABARGE. I desire to an that I stood upon that position and I still stau upon it, and it is in o or that the rights of the States maybe preserved Unim aired that wehnvo raised the bin committee o 15.
Mr. STEVENS. Iwishto ask the gentleman a question merely for information. hat law of Congress was the President executing when he ordered conventions in the States and told them what kind of constitutions to frame?
Mr. STEVENS. The gentleman will pardon me for interrupting him, bntI would ike to understand from him whether he holds that this House can make a law changing the qualifications which the constitution prescribes for a member of Congress, or whether he holds that it mqst be done by both branches of Congress joint y.
Mr. RAYMOND, I do not think that either this House or both branches of Congress can change the provisions of the constitution in that respect or in an other.
Mr. STEVENS. I desire the gentleman to state whether, in his view, we can, either by our own action or the joint action of both Houses, make a law requiring other qualifications for membership than those designated in the constitution.
Mr. RAYMOND. We cannot pass any law whatever except by the joint action of the 2 Houses, and we cannot by joint action pass any valid law which shall contravene the provisions of the constitution; but so far as concerns the admission of members to this floor, we ourselves are. the absolute judges. “Each House shall be the judge of the elections returns and qualifications of its own members.” There 18 the source from which we et authority to judge at all, and that express y assi s authority on this subject to each House. I: acting on this subject, we must undoubtedl abide by the constitution, and must deman that any person claiming a seat as a Representative shall satisfy the qualifications prescribed by the constitution.
Mr. STEVENS. I desire to ask the gentleman whether, in his opinion, a test oath, being L an addition to the qualifications prescribed by l the constitution, can lawfully be required of, persons presenting themselves for admission as the presentatives.
Mr. SHELLABARG Mr. Will the gentleman yield a moment?
Mr. RAYMOND. I suppose I must, as I involve m self in that necessity whenever I allude to the gentleman at all.
Mr. SHELLABARGER. There is no must about it; the gentleman has misapprehended me.
Mr. SHELLABARGER. The gentleman has left out of my statement an extremely important part of it, and it was only in order to get that part in that I desired to suggest it. The part he left out is the word “general.” What I said was this: that in the case supposed, if there was not general and sincere loya ty (of course sincerity is to be indged by the main facts) then I would hold them as dependencies forever. I would now like the gentleman to favor me and this House by saying what he will do with them if they remain generally and sincerely disloyal.
Mr. STEVENS. I want to say one word, and tJhat is if the Gentfrom Indiana [Mr. onus] replies to the speech of the Gentfrom NewYork [Mr. Ramosu] I shall call him to order. The whole speech of the Gentfrom NewYork has been in violation of the rule making this JtResolution the special order. I did not think it proper to call him to order, but I shall call any gentleman to order who is an old member of the House if he follows his line of argument.
Mr. RAYMOND. I simply wish to replyto that rather personal remark
Mr. RAYMOND. I was not aware that I was any more in violation of the rules of this House and of the proprieties of this debate than has been any other gentleman who has spoken upon this subject.
Mr. STEVENS. I knew the gentleman was not aware of it, and therefore did not call him to order. ENROLLEDJtResolution.
Mr. COBB, from the ComEnrollBill, reported that they had examined and found truly enrolled a JtResolution (H.R.No. 63) authorizing the SecyWar to grant the use of a portion of military reserve on StClair river, in the State of Michigan, for railroad purposes; when the Speaker signed the same. BASIS or BBPBEBINTATION AGAIN.
Mr. BINGHAM. I do not admitand never have admitted that any State has a right to disfranchise any portion of the citzcns of the U.S., resident therein, entitled to vote for Representativesunder the 2nd section of the 1st article of the Constitution, except as a punishment for their own crimes. A citizen may forfeit his right bycrime, and the State may enforce that forfeiture. I favor this amendment as a penalty in aid of the rights guarantied by the Constitution as it now stands.
At the conclusion of his remarks, Mr. JULIAN yielded the remainder of his time ( 40 minutes) to Mr. CONKLING.
Mr. CONKLING. I would like to inquire of the chairman of the JtCommee [Mr. Srsvnxs] when he proposes to demand the previous question.
Mr. STEVENS. I stated the other day that. I intended to call the previous question today. If, however, the gentleman desires to speak to da, I do not wisIi to do anything more than ca l the previous question when he shall have concluded. I do not desire to interrupt him in the middle of his speech.
Mr. CONKLIN. I do not desire to speak todny. I should be very glad to avail myself of the courtesy of the Gentfrom Indiana [Mr. Jonas] to make, so far as I may be able, some answer to the objections which have been urged against the pending proposition. The Gentfrom Pennsylvania knows as well as I do that it would be quite idle for me to attempt, at this late hour, and in the present mood of the House, to go on with my remarks at the present time. I do not make this suggestion with a view to postpone the demand of the previous question; but if the previous question were not to be called until tomorrow, and I might then occupy the floor for a short time, I should be very glad. I wish, however, not to interfere at all. with the design of the Gentfrom Pennsylvania but to conform myself to it} and to relinquish the floor alto gether or to go on in the morning, according to the convenience and judgment of the gentleman.
Mr. STEVENS. Mr. Speaker, Ihardlyknow what to say. I do not desire to urge the gentleman to go on this evening, as it is late, and ntlemen all around me have said that they did not want the previous question called this evening. I do not know, sir, but thatif we can agree by common consent to forego the morning hour tomorrow and go on with this discussion, 1 would be very willing not to call the previous question until half past one oclock tomorrow.
The SPEAKER. This subject is a special order to the exclusion of all other business and takes precedence of the morning hour. Therefore the debate, unless arrested by the previous question, will continue tomorrow during the morning hour.
Mr. STEVENS. I will say, then, that I will not ask the previous question until 2 oclock tomorrow, if that will satisfy gentlemen who want to speak; butI think that that is the latest time that ought to be given.
The SPEAKER. lie Chair is informed of 3 gentlemen who yet desire to speak, besides the gentleman who holds the floor. There may be others.,
Mr. STEVENS. Well, as atpresent advised, I must call the previous question at 2 oclock tomorrow.
Mr. CONKLING. May I inquire, then, as to my right to the floor in the morning?
The SPEAKER. That will depend upon the action of the House. The gentleman has 40 minutes remaining of the time of the Gentfrom Indiana. If there is no objection, he will be considered as entitled to occupy the floor for that time in the morning. There was no objection.
Mr. HOGAN. Before this question shall be disposed of, I should like to have the privilege of occupying perhaps 30 minutes of the time of the House. I should be glad to do so either before or after the remarks of the Gentfrom NewYork, [Mr. Command] No Representative from my State has, as yet, s oken on this subject; and as I am the only democrat from that State, I would like to be heard on this important question. I should esteem it as a favor if the House would allow me the opportunity to make a few remarks.
Mr. STEVENS. Is the gentleman ready to go on this evening?
Mr. HOGAN. I have no objection to that, if it be the pleasure of the House.
Mr. STEVENS. I hepe, then, that the Gentlaman will be allowed to go on this evenmg, with the understanding that when he concludes the House shall adjourn.
Mr. GRISWOLD. I desire to make a motion which I ask the Gentfrom Ohio [. Mr. Lawusxcn] to accept as a substitute for his motion, now pending, as I understand. That motion, I believe, is to recommit thisJtResolution with certain instruction. I desire him to accept as a substitute for his otion a motion to recommit without instructions, giving the committee authority to report at any time.
The SPEAKER. The Gentfrom Ohio has the power to accept an amendment, if he sees fit.
Mr. LAWRENCE, of Ohio. It will be time enough for that tomorrow.
The SPEAKER. The Gentfrom NewYork has been recognized today and may not be recognized tomorrow. but the Gentfrom Ohio has the power to modify his own motion any time previous to the previous question being secon ed.
Mr. GRISWOLD. I ask to make my motion now.
Mr. LAWRENCE, ofOhio. In order that the subject may go to the committee unembarrassed, after the discussion we have had, I am willing to accept the proposition of the Gentfrom NewYork simply to recommit. No injury can result from this course, for the reason that when the committee shall report. all these questions can come up then for our discussion and deter on. STEVENS. We, can settle this to minati
The SPEAKER. With this modification the instructions of the Gentfrom Ohio and all other instructions fall.
Mr. SClIENCK. I am anxiousto get a vote on my instructions.
The SPEAKER. The Gentfrom NewYork [Mr. Gaiswonn] has the floor, and as has been often decided, he cannot yield for a motion to amend.
Mr. SCHENCK. I want to move, as an amendment to the pending motion, the instructions presented by me, and which were read from the Clerks desk.
Mr. GRlSWOliD. Have I the right to object?
Mr. GRISWOLD. I am under the necessity to object. I wish to say, in explanation of that objection. that my object is to get the question back, to the committee, so that they may express their views and give a report in the light of the discussion which has taken place for the last few do. vs. I think that a majority of Congress is in favor of an amendment to the constitution attaining the point sought by the pending resolution. Mr. GARFIELD. Isnot the gentleman willingthat all the accompanying propositions shall be sent back to the committee?
Mr. GRISWOLD. Undoubtedly. That is the object I have in view. I have not the slightest objection to that. Mr. STEVENS. I so gest to the Gentfrom NewYork, Mr. uiswoui] that. not withstanding the discussion which has taken place. no man can tell us what is the? sense of the House on anyone proposition. I am willing it should go back without further discussion. I have learned many things, but I have not learned that an 3 men agree on anyone proposition. therefore if it goes to the committee we have nothing to guide us. There has been no indication of the disposition of the House. Let us have instructions so that we may know what is the sense of the House.
Mr. BLAINE. Suppose a motion to recommit with instructions is carried by a small majority, what of that when the amendment has to be carried by a 2/3rds vote?
Mr. STEVENS. Those instructions the committee would obey with alacrity, as they would be bound to. As the thing now stands, with so many instructions offered, and a vote on none of them, we might as well try to get sense from the jargon of Babel.
Mr. SCHENCK. I am anxious to get my proposition before the House. 31866. 493
Mr. ELDRIDGE. I rise to a question of order. Is this discussion in order?
The SPEAKER. It is in order. The gentleman has a right to ield for an explanation.
Mr. SCHENCK. I ask the gentleman to yield to me to make a motion to amend.
Mr. BENJAMIN. I make the point of or der that the House cannot instructa JtCommee.
The SPEAKER. The objection comes too late; but the Chair will overrule the point of order. This House can instruct a JtCommee. The ComPrintg aJtCommee, and it is often instructe by the House. So with the ComLibrary. But it instructs only so far as the House members are concerned. It does not bind the Senate.
Mr. GRISWOLD. I desire to modify my resolution so that it shall take to the committee all pending propositions. My object is to get before the committee the result of this entire discussion so that they may consider it in the light of that discussion. I, hope that the motion will be adopted at once. When the committee reports we can then take whatever final action we may lease.
Mr. SCHENCKy T would inquire whether that will carry the propositions which are now pending as amendments or in any other legitimate way before the House.
The SPEAKER. It would not carry all the propositions that have been printed; it would carry those that are pending as amendments to the JtResolution under consideration in clndin the one offered by the Gentfrom Ohio, [Mr. Mr. Sensn ex! t CHENCK. rise for the purpose of submitting an amendment, having the emission of the Gentfrom NewYork[Mr. Coxxuso] to take so much of his time for that purpose. I propose to amend the motion of my colleague by referring the whole subject to the ComJudiciary in lieu of the motion to recommit to the jomt committee. This subject was before the ComJudiciary, about to be reported, and all that they considered went by a side wind, ver properly I suppose, because of its supposedy connection with other propositions relating to the restoration of the States, and it was sent to this same ComReconstruction.
Mr. STEVENS. I hope the gentleman will not say it was by a side wmd; it was one of the subjects exressly committed to usbythe House.
Mr. SCHENCK. I am perfectly aware of that, but it had been expressly committed to the ComJudiciary beforethis very subject. It is in order, I believe, to select from among the committees which had better take this subject of the amendment to the constitution, an as the ComJudiciary has always, in both branches of Congress, been the one towhich amendments to the constitution have been referred, I propose to amend by moving to refer it to that committee. I am in so doing, I believe, not only perfectly in order, but acting within the line o safe precedent.
The SPEAKER. The Gentfrom NewYork [Mr. GRISWOLD] can make that motion in lieu of the one he has offered, if he desires. The motion is in order, and will take priority over the other, the ComJudiciary being a standing committee, and the other being a select one.
The SPEAKER. The question then is on the motion to recommit to the ComReconstruction, to which the Gentfrom NewYork [Mr. Gmswom] moves as an amendment to recommit without instruction, which will carry with it all the propositions pending on the subject.
Mr. LAWRENCE, of Ohio. I accept that amendment.
Mr. STEVENS. If it goes without instructions I see no kind of propriety in an further time being occupied in the House with discussion. If we can be permitted to do it the committee will consent that the motion be now taken onthat proposition.
The SPEAKER. The Chair will state that the House by unanimous consent has granted to the Gentfrom NewYork 40 minutes to speak tomorrow. Mr. CONKLING. I waive that. I agree that it is worse than idle to be discussing this proposition if the House entertains with favor the suggestion of my colleague. [Mr. Gnrswonn] and, as I am up, I will say, with his indulgence, that all these propositions are before the JtComReconstruction, and were before the glibeommittees day after day and week after wee and I will make another remark. I believe Ispenk with accuracy and I hope my colleague on the committee Will correct me if I do not when I say that not one single suggestion, taking the form of objection to that reposition, has been made in this House which was not can vassed over and over again in the committee.
Mr. SCOFIELD. Allow me to askifthe languageemployedb my colleague [Mr. Bsoou ALI. was before the committee.
Mr. CONKLING. Not the precise language, but the proposition I believe in all its hearing was before the committee and was talked over. It is the proposition which is based upon voting citizens.
Mr. CONKLING. I beg pardo, I know what it is, because Phold it in mygiand. It is proposed that representation shal e in the proportion ofadult male citizens duly qualified to vote, compared to the whole number of inhab itants of the States. That is the proposition in no. Several Msnssns. Oh no, it is not.
Mr. BROOMALL. As I have it here, Iwill read the proviso: Provided, That whenevertheelectivefranchiseshall be denied by the constitution or laws of any State to any proportion of its male citizens over the ages of 21 cars, the same proportion of its entire population a all be excluded from thobasis ofrepresentation.
Mr. CONKLING. That is the same proposition inverted. There is another proposition which states it the other way, but it comes to the same thing. I was only going to make one other remark. Those objections and these substitutes having been before the committee, I agree entirely with the Gentfrom Pennsylvania, that no good will result from recommitting this subject without instructions. But I also a ee, if that is the pleasure of the House, that Trought not to ask, and no gentleman ought to ask to be heard; therefore with great cheerfulness I waive my right to the floor.
Mr. STEVENS. The Gentfrom NewYork will allow me a single word. The committee do not at all object to any proposition or an instruction, but we shall be happy to have the case instruct us if we are wrong. Without instructions, it would be worse than in vain, it would be a loss of time, to send the resolution back to the committee. We could agree upon nothing else. We can discern in all the discussion that has taken place here no concentration of mind which would authorize us to adopt an one of the propositions which have been offered. I do hope gentlemen will allow votes to be taken on all the instructions and see which the House will adopt, and then if the House chooses to send the resolution back to us they can do so.
Mr. GRISWOLD. The question which has just arisen between my colleague [Mr. Cosx LING] and the Gentfrom Pennsylvania [Mr. Bnoonaufi is a corroboration of the position which I took upon this very question. It is impossible that the committee o 15 can have been in possession of all the discussion that has gone on upon this question, and while I have great confidence in the faithfulness with which theyLhave considered all these various propositions, still I desire to say, and l said it as an evidence of my great confidence in that committee, that if they take back this question, reconsider it without any instructions, and report back the resolution at any time they may think proper, no matter if it is the slightest possible variation, the amendment they propose to it will go far toward strengthening the minds of many in this House who are now doubting, and in the country at large. I believe that a reconsideration of the question by a committee so distinguished as we all concede that committee to be, in the light of all the able discussion that has taken place upon this floor within the last few days, Will go very far, not only to strengthen the confidence of members upon this floor who will be called upon to vote upon the proposition, but of the people at large in the country, who, I believe, are expecting and will demand from us an amendment of the constitution attaining the essential points intended to be attained by the pending proposition. I must, therefore, insist on in motion.
Mr. STEVENS. desire again to inquire whether there is any objection to recommitting the resolution now to the committee without any further debate. If there is not, let it be recommitted. We do not object to it, but we do not want to take up further time in discus SIOH.
Mr. GRISWOLD. I call the previous question on my motion.
The SPEAKER. If the previous question he sustained, the question will be 1st on the motion of the Gentfrom Ohio, [Mr. LeBloND] to refer the whole subject to the ComWhole on the state of the Union, and then on the motion to recommit without instructions.
Mr. RANDALL, of Pennsylvania. I desire to suggest to the Gentfrom NewYork [Mr. (ii. 1SWOLD]that his motion for the previous question is in violation of the agreement made on Friday, which was that the vote should be taken tomorrow. There are many gentlemen who have staid away today under that understanding.
Mr. BLAINE. There will be no yeas&nays. The proposition can be recommitted by common consent.
Mr. RANDALL, of Pennsylvania. Well, that will dispose of the entire subject. I have a right, if lpam sustained by one 5th of the members present, to call the yeas&nays.
Mr. BROOKS. We want to dispose of the proposition, to get rid of it; that is just what we want. The House divided on the demand for the previous question, and there wereayes 65, noes 32. So the previous question was 2nded.
Mr. ANCONA. I move that the House do now adjourn, and I call for the ycas&nays on that motion. I think it is unfair to press this matter to a vote to night, in the absence of so many members. A The veas&nays were ordered. Mr. WASHBURNE, of Illinois. Has the previous question been 2nded?
The SPEAKER. It has been. Mr. WASHBURNE, of Illinois. Then will not this be the 1st business tomorrow mom in 1 glhe SPEAKER. It will be the 1st thing in order after the reading of the Journal tomorrow. Mr. RANDALL, of Pennsylvania. All we want is a full vote.
Skip Skip The question was taken; and it was decided in the attirmativeyeas 66, nays 4], not voting 75; So the motion was agreed to and accordingly (at 4 oclock and 35 minutes p. m.) the House adjourned.
@@@IN SENATE SENATE. TUESDAY, January 30, 1866. Prayer by the Chaplain, Rev. E. H: GRAY. The Journal of yesterday was read and approved. EXECUTIVE COMMUNICATION.
The PRESIDENT protempore laid before the Senate a message mm the POTUS, transmitting. in answer to a resolution of the Senate of the 11th instant, a report from the Acting SecyState, communi cating information in regard to a negotiation for the transit of U.S. troops, in 1861, through Mexican territory: which, on motion of Mr. SUMNER, was referred to the ComForRel, and ordered to be printed.
Mr. FESSENDEN asked, and by unanimous consent obtained, leave to introduce a JtResolutione S. No.26) for the payment of expenses incurre by the tJtCommee to inquire into the condition of the States which formed the socalled confederate States of America; which was read twice by its title.
Mr. FESSENDEN. If there be no objection, I ask the Senate to act upon this JtResolution at the present time. By unanimous consent, the Senate, asin comj Whole. proceeded to consider the JtResolution, which appropriates $10,000, or so much thereof as may be necessary, to pay the l expenses of the JtCommee of Congress ap. painted to inquire intothe condition of the States which forme the socalled confederate States of America, which sum i to be drawn from the Treasury upon the order of the SecyS, as it shall be required from time to time I by the committee having such investigation in c arge; and any portion of the sum thus appropriated that shall be allowed by the joint i committee to witnesses attending before it, or to persons employed in its service for perdiem traveling, or other necessary expenses, and paid by the SecyS in pursuance of the order of the JtCommee, is to be credited and allowed by the accounting officers of the Treasury Dept. The JtResolution was reported to the Senate without amendment, orderengross for a 3rd reading, read the 3rd timeI and passed. REPORTS OF COMMITTEES.
Mr. SUMNER, from the ComForRel, to whom was referred a bill (S.No.25) to provide for the adjustment and satisfaction of claims of American citizens for spo liations committed, by the French prior to the 31st. day of July, 1801, reported it without amendment.
Mr. WILSON, from the ComPubLands, to whom was referred the bill (S.No.85) granting to the State of Wisconsin a donation of public lands toaid in the construction of a breakwater and harbor and shipeanal at the head of Sturgeonbay, in the county of Door, in said State, to connect the waters of Green bay with Lake Michigan, in said State, reported it with amendments. Senfrom NEWJERSEY.
Mr. TRUMBULL. The ComJudiciary to whom were referred the credentials of JOHN Srocnros, claiming to be elected a Senfrom the State of NewJersev, to ether with a protest of certain members of the legislature of that State against the validity of is election, have instructed me to make a report accompanied by a resolution. I movethat the report, together with the credentials and me morial, be printed.
Mr. SU. NEH. Let the resolution be read.
The Secretary read as follows: Resolved, That J ous P. Sro exros was duly elected and entitled in his seatas a Senfrom the State of NewJerse for the term of 6 years from the4th dayof march. 81 The report, with the accompanying papers, was ordered to be printed. CONDITION OF THE SOUTHERN STATES.
Mr. DOOLITTLE submitted the following resolution; which was considered by unanimous consent, and agreed to: Resolved. That the President be requested. it: not incompatible with the public interest. To communicate to the Senate a copy of the lute report of MsJor n eral Sherman upon the condition of the States in his Dept in which he has lately made a tour of inspection. TELEGRAPH LINES.
Mr. BROWN. I offer the following resolution, and ask for its present consideration: Ruched, That the ComPostOffices be instructed to inquire intotho expe diency of authorizing the postoffice Dept. to constructand operatetelegraphlines along the principal mail routes or such of them as it may deem necessary or to contract with such lines as may already established. if that shall be deemed more talk visuble. for the useand contrpl of such lines and in connectionwith its postal business to establish officeg at such points as may be determined upon. open at, all hours to the public and the press. for the safe and Speedy transmissionof dispatchesunder properregulations and at fixed minimum rates: the committee to report by bill or otherwise. There being no objection, the Senate proceeded to consider the resolution.
Mr. SHERMAN submitted the following resolution; which was referred to the ComPrintg: Resolved, That 5,000 copiesof the general and special reports of the revenue commission, exclusive of the ormsof bills accompanying the some, he printed for the useof the Senate. BILLS INTRODUCED.
Mr. WILSON asked, and by unanimous consent obtained, leave to introduce a bill (S.No.111) to provide for the national defense by establishing a uniform militia and organizing an active military force throughout the U.S.; which was read twice by its title, referred to the ComMilAffrs , and ordered to be printed.
Mr. BROWN asked, and by unanimous consent obtained, leave to introucc a bill (S.No.112) authorizing documentary evidence of title to be furnished to the owners of certain lands in the county of StLouis, in the State of missouri; which was read twice by its title, and referred to the ComJudiciary. RNROLLED BILL SIGNED.
Skip Skip A message from the HoRep, by Mr. McPiiiznsoy, its Clerk, unnounced that the Speaker of the HoRep had signed an enrolled JtResolution (H.R.No. 63) authorizing the SecyWar to grant the use of aportion of military reserve on StClair river, in the State of Michigan, for railroad purposes; and itwas thereupon signed by The PRESIDENT protempore SALE OF STAMPS and ENVELOPES.
Mr. DIXON. I move that the Senate now take up for consideration the bill (S. No.71) relative to the sale of postage stamps and stamped envelopes on credit. The motion was agreed to; and the bill was read the 2nd time, and considered as in ComWhole. It proposes to authorize the PostMGenl, whenever in his opinion the public service shall require, to so 1(postago stamps and stamped envelopes on ere it for such a period of time as he may deem expedient. The per. son to whom stamps and stamped envelopes are so sold is to engage to sell and circulate them under the instructions of the PostMGenl, and to give bond in such sum as the PostMGenl may direct, with one or more sureties, conditions for the faithful keeping of the stamps and stamped envelopes so intrusted to him, and for the payment to the postoffice Dept, in such manner as may be directed by the PostMGenl, of the moueysurising from the sale of such stamps and stam edenvelopes. The PostMGenl may allow to any person purchasing stamps and stamped envelope, under this provision a commission not exceeding 5%. on all sales of stamps and stampe envelopes by him made, and the Auditor of the Treasui for the postoffice Dept is to audit an settle all such accounts. such person is to be deemed a receiver and custodian of public money. He is not to sell stamps or stamped envelope on credit, but to sell them invariably for coin or U.S. Treasury notes, and at a price not exceeding the price of such stamps and stamped envelopes as provided by law. He is to be subject to all the pains, penalties, lines, and forfeitures now provided by law in cases of receivers and custodians of public money and of postmasters and other persons to whom the sale of stamps and stamped envelopes is in trusted. An amendment was reported from the ComPostOffices, to insert after the word “required” in the 4th line of the 1st section the words “until the 30th da of June, 1868.”
Mr. DIXON. It is thought by the committee, as this bill is intended for a particular exigency, that it should be limited in point of time; and therefore they propose this amendment limiting the action of the bill until the 30th of June, 1868. Several SENATORS. What is the exigency?
Mr. DIXON. I shall ask in a moment for the reading of the letter of the PostMGenl. It explains it more briefly than I can do.
Mr. NYE. I wish the mover of the billwould state what the exigency is that requires this unusual proceeding.
Mr. DIXON. Perhaps it would be best to have the vote taken 1st on the amendment, which is only a matter of detail, and then I shall make the explanation.
Mr. NYE. I think it is due to the Senate that they should be informed what the intention of the bill is, that we may vote understandingly on the amendment.
Mr. DIXON. I ask that the letter of the PostMGenl be read. It states more briefly and clearly than I can do the reasons for the bill.
The Secretary read the following letter: Posr Orrici: DEPT WASHXNGTOND. o. January 11. 866. Sin: I inclose admit of a law authorizing the PostMGen to sell stampson credit. The object of the law is to enable the Dept o Iclireulate its stampsthroughthe Stateslately in reo ion. This cannotnow bedoneto any considerable extent. for the reasonthat the law only authorizes the sale of stamps to postmastersor for cash. There aremany placesin the southern States where there are neither persons who enntake the oath required bylaw for ta qualification of postmuters. nor. not be afforded them. Persons of sufficientmeansto enablethemto purchase stampsfor gas. I am mlVISfll that the dumand for stamps i5 50great in those statesthat there may be found many persons ofresponsibility and integrity who, though unable to take the testoath, are able to give goodbonds and would cheerfully becomeresponsiblefor the stamps iptrusted to them, and sell them for the necmnmodation of the coniin unitywhere they reside. It is my intention to appoint. sofar aspracticable, as receivers and vendorsotstanipspersonswho have alread been appointed assessors collectors, &c and havet creforo received the indorsement of the Government. The compensation proposed is very light. but the penalties provided for are as severe as are now proVided by law in all cases of receiversand custodians oflpublic funds. this bplieved that a measureof the character proposedWill not only produce considerable revenue to the Dept. but will tend to promote a feeling of contentmentand subordination among the people of the southern States, and at the same time protectthe Dept against loss. cry respectfully. 610., W. DENNISON, PostMGenl. Hon. J AXESDixon Chairman ComPostoffice&Rd, U.S. Senate.
Mr. NYE. I am opposed to this amendment and to the bill itsel. I understand from the letter just read that the PostMGenl is furnising mail facilities to a class of people who are unable to take the oath of allegiance or totake the test oath for the purpose of holding the office of postmasterint is country. If there are such benighted portions of our country where men are unable to present evidence of their loyalty, I believe mai facilities should If we cannottrustthem upon their loyalty, can we trust them in their moneyed obligations? If there is any class of people so poor that they cannot pay postage, et Congress in its magnanimity provide that they shall have it free. But I insist upon it that persons who were lately in rebellion and who are now so rebellious that they cannot take the oath of office are not entitled to advantages over those who have proved theirloyalty upon many wellfought fiel s. I oppose in toto this special legislation for the benefit of rebels, which is not extended to those who have been loyal throughout. There are many portions of the constituenc that I representto whom it would be exceedingly convenient to be allowed credit for their postage if Congress would pass a law for that purpose, and they are as deserving of such favors from Congress as are those whose hands are red with loyal blood.
Mr. NYE. If I understand the Senator correctly, he assumes that loyal men cannot be found in the lately rebellious States to take these offices. I have understood, by the way, that the postoffice Dept ha regarded carefully its dut in not appointing those who could not take 6 oath.
Mr. NYE. If that is so, the result is that there are no postoffices there; and for this Government to become a vender at retail of 3 cent stamps it seems to me is a small business and should not be engaged in. Sir, if it is true that there are not loyal men enough in the States lately in rebellion to fill the post oliiees, this Government should not furnish them postal facilities. If it is true that they are suffering for the want of these stamps, how easy it is for their mone edmen, who want to sell them under this bill, to send to NewYork and purchase $500 or $5,000 worth of them. repeat that it is not at all proper, neither is it necessary for the public eXigeucy. that this Government should become the creditor of rebels. This Government should see to it that every officer in it is loyal, or there should be no offi ccrs. To ther these elements of omcial station aroun us with this official power inimical to the best interests of this country, is inviting an element of weakness which we cannot afford. If the rich men of the South want to supply their poor neighbors with postoffice stamps let them send to NewYork, or Hartford, or Bos ton, and buy as many as they please, and pay for them, and let them give credit to such as they please. But, sir, I insist upon it this would be opening a dangerous door for any Dept of this Government to enter. I object, therefore, to the amendment and to the bill itse.
Mr. DIXON. Does the Senator desire an answer now?
The PRESIDENT protempore The morning hour having expired, it becomes the duty of the Chair to call up the unfinished business of yesterday, which is Senate bill No. 61.
Mr. DIXON. With the consent of the senate I desire, without ressing this bill at this time, as the morning our has exired, to say a single word in reply to the Senfrom Nova a
The PRESIDENT protempore Senate bill No. 61 is now before the Senate, but it can be laid aside by common 00nsent.
Mr. TRUMBULL. The bill of the Senfrom Connecticut will come up in the morning hour tomorrow.
Mr. CLARK. I gave way to the Senfrom Connecticut and the Senfrom Nevada, and I shall be entitled to the floor upon the bill when it comes up again unless I have lost it by too much indulgence. However, I can get it again at some time I suppose.
The PRESIDENT protempore If there be no objection, the Senfrom Connecticut will be entitled to the floor to reply, as he says, to the Senfrom Nevada.
Mr. NYE. If this debateis to be continued I was not quite through with my remarks. The PR. SIDENT protempore. The Senfrom Nevada is entitled to the floor on this bill, if he claims it.
Mr. NYE. I prefer that the bill should lie over.
Mr. TRUMBULL. I insist on the order of the day.
The PRESIDENT proiemporc. Senate bill No. 61 is before the Senate. PROTECTION of CIVIL RIGHTS. The Senate, as in ComWhole, resumed the conSideration of the bill (S.No.61) to protectall persons in the U.S. in their civil rights, and furnish the means of their vindication; the ending question being on the amendment of Mr. TRUMBULL to the 1st section of the bill., Mr. SAULSBURY. I ask for the yeas and na 5 on that amendment. I he yeas&nays were ordered.
Mr. COWAN. I should like to have the amendment read.
The Secretary read the amendment, which was in section one, line 3, after the word “that” to insert “ all persons of African descent born in the U.S. are hereby declared to be citizens of the U.S., and 5” so that it Wlll read: Be it enacted(70., That all persons of Aliican descent born in the U.S. are hereby declared to be citizens of the U.S and there shall be no discriminatifl in civil rights or immunities among the inhabitants of any State or Territory of the U.S. on account of race, color, or prevwus condition of slavery, Jce.,
The PRESIDING OFFICER, (Mr. Power in the chair.) The question is on the amendment proposed by the Senfrom Illinois.
Mr. TRUMBULL. No action having been taken upon that amendment, I desire to with draw it and to offer another in lieu of it to the same pu ort, changing the phraseology., In ilietlllld ine of the 1st section, after the word “that, ” I move to insert these words: All personsborn in the U.S and notsubject to any foreisn Power. are hereby declared to be citizens of the U.S., without distinction of color and So that the section will read: Be it mooted, Jun, That all personsbornin the U.S., and not wheat to any foreien Power, are hereby declartfl to be citizens of the U.S., without distinction of color and thereshall be no dischmination in civil rights or immunities among the inhabitants of any State or Territory of the U.S. on aecount of race, color, or previous condition of slavery. &c.
Mr. GUTHRIE. I will ask the Senator if he intends by that amendment to naturalizll becoming very heavy upon the Indians of the U.S.?
Mr. HOWARD. That is the very question I was about to put.
Mr. TRUMBULL. Our dealings with the Indians are with them as foreigners, as separate nations. We deal with them by treaty, and not by law, except in reference to those who are incorporated into the U.S. as some are, and are taxable and become citizens, and then it would be desirable that it should apply to the Indians so far as those who are domes ticated and pay taxes and live in civilized society are concerned. In reference to the other tribes, they will not be embraced by this provision because we have always treated the Indian tribes as nations with whom we made treaties. The intention is not to embrace them. If the SenfromKentucky thinks the language would embrace them, I should have no objection to changing it so as to exclude the Indians. It is not intended to include them.
Mr. GUTHRIE. The right of citizenship is a great boon and may well be supposed to be given to the Indians if you use language strong enough to give it to them; and as they are mere dependents upon the Government, living in the U.S., I think they would be made citizens under such a revision as this.
Mr. COWAN. will ask whether it will not have the effect of naturalizing the children of Chinese and Gypsies born in this country?
Mr. COWAN. Then I think it would be proper to hear the Senators from California on that question, because that population is now tcPacific coast; and when we consider that it is in proximity to an empire containing 400 million people, very much given to emigrating. very rnpacious in their character, and very astute in their dealings, if they are to be made citizens and to enjoy political power in California, then. sir, the day may not be very far distant when California, instead of belongin to the Indo-European race, may Bag to a Mongolian, may belong to the Chinese because it certainly would not be difficult for that empire, with her resources and with the means she has, to throw a population upon California and the mining districts of that country that would overwhelm our race and wrest from them the ominion of that country.
Mr. THUMB. I should like to inquire of my friendfrom Pennsylvania, if the children of Chinese now born in this country are not citizens?
Mr. TRUMBULL. I understand that under the naturalization laws the children who are bom here of parents who have not been naturalized are citizens. That is the law, as I understand it, at the present time. Is not the child born in this country of German parents a citizen? I am afraid we have got very few citizens in some of the counties of good old Pennsylvania if the children born of German parents are not citizens.
Mr. COWAN. The honorable Senator assumes that which is not the fact. The children of German parents are citizens; but Germans are not Chinese; Germans are not Australians. nor Hottentots, nor anything of the kind. That is the fallacy of his argument.
Mr. TRUMBULL. If the Senfrom Pennsylvania will show me in the law any distinction made between the children of German parents and the children of Asiatic parents, I might be able to appreciate the point which he makes: but the law makes no such distinction; and the child of an Asiatic is just as much a citizen as the child of a European.
Mr. LANE, of hansas. I desire to call the attention of the chairman of the ComJudiciary to this state of facts: most. of the Indians of our State have taken an allotment of lands, and our supreme court have decided that by the act of accepting the allotments, they have separated themselves from their tribal relations; and I suppose the chairman does not intend to make the Indians of Kansas citizens of the U.S.
Mr. TRUMBULL. They are already citizens of the U.S. if they are separated from their tribes and incorporated in your community.
Mr. LANE, of Kansas. But they are not. We do not intend to extend to them the right of citizenship, but our supreme court have decided that their lands are taxable and that they are separated from their tribes.
Mr. HENDERSON. I should like to ask the Senfrom Kansas if he did not state within the last year or 2 on the floor of the Senate, that the very best specimens of manhood he had ever seen were a cross between the negro and Indian of his State?
Mr. LANE of Kansas. 1 said south of Kansas, and reiterate it now, and I hope the Territorial Committee will introduce a bill having for its object the protection of that magnificent race.
Mr. TRUMBULL. Will the Senator Pennsylvania allow me a moment?
Mr. TRUMBULL. Does he pretend to deny that this Government had just that power before this constitutional amendment was adopted?
Mr. TRUMBULL. I should like, then, to ask the Senator one or 2 other questions.
Mr. TRUMBULL. Does the Senator deny that the Federal Government has authority to naturalize any person; that it may provide by uniform laws of naturalization to naturalize an foreigner?
Mr. TRUMBULL. Then it could authorize anyone of those person to purchase Just as from 600 January 30, much land in Pennsylvania as be pleased, by declaring them all citizens could it not?
Mr. lltUMBULL. Then the power existed before the passage of the constitutional amendment to authorize any persons, aliens from abroad, who came into Pennsylvania, the moment they put foot in Pennsylvania (by making them citizens) to hold as much land as they please. What becomes of your argument that there was no power in Congress to do it?
Mr. COWAN. The argument stands; but what becomes of the position in which the honorable Senator places himself? He has utterly mistaken the point in question. Nobody denied that after foreigners were naturalized they could purchase land. That is not the question. The question is whether the General Government before naturalization can confer upon aliens this privilege. I do not desire to ask questions triumphantly, as though I was certainly right, because I am in this debate upon the spur of the moment; but I would ask the honorable Senator whether there is not every distinction in the world between the right of a man after naturalization and before as viewed by these statutes. These statutes do not proVide that a naturalized citizen shall not have all the rights of every other citizen, butprovide what his rights shall be before naturalization, so that the power which the U.S. originally had)has nothing to do with the question.
Mr. TRUMBULL. I was looking at it as a question of power. That is the only light in which I was tryin to answer the Senfrom Pennsylvania. Now, this bill provides that all the inhabitants of the States shall have the same rights. The Senfrom Pennsylvania sa 3 that that must be unconstitutional because the Federal Government has no right to declare that the inhabitant of Pennsylvania who came from abroad may purchase real estate in that State. As a question of power, he says that. Now, I reply to that and lie admits it, that asa qpestion of power the Federal Government has the power to make over] inhabitant of Pennsylvania a citizen. Then could not every inhabitant of Pennsylvania own real estate, and could Pennsylvania deny the right? The senator is arguing against this as unconstitution al; he says we have no power to do it. Whether it would be politic to do it is another question. The argument of the gentleman on that pointl shall not now undertake to answer, but I say it is a demonstrable fact, as much so as a mathematical proposition, that the Federal Government has authority to make every inhabitant of Pennsylvania a citizen, and clothe him with the authority to inherit and buy real estate, and the State of Pennsylvania cannot help it.
Mr. TRUMBULL. “very inhabitant of the State, no matter where born.
Mr. COWAN. I think I comprehend now the drift of the argument. It is because the U.S. has a right to naturalize aliens, therefore the U.S. has a right to authorize people who are not aliens to do what is forbidden by the several States! Is not that a fair statement of the Senators argument? It is, that because the U.S. has a right to naturalize persons born abroad, and to confer upon them, if you please, all these rights, therefore it may do it without naturalization under the provisions of this bill! If I do not state his proposition fairly, I trust that I shall be corrected). Then, I say again, that by the provisions of this bill, without naturalizmg the alien, without bringing him within that uniform rule which must be adopted before any alien can be naturalized, he is made here able to hold lands and do just as every boiily else in Pennsylvania.”
Mr. THUMB ULL. I do not wish to pursue this controversy, but
Mr. COWAN. I would prefer to have the honorabl: Senator reserve what he has to say until after I have concluded.
Mr. TRUMBULL. I will not interrupt the Senator again, and shall not do so now if the l Senator desires me not to do it. I was going merely to set that one thing right.
Mr. FESSENDEN. Where is the particular provision of the bill to which the Senator now alludes?
Mr. TRUMBULL. That particular provision is in the imagination of the Senfrom Pennsylvania.
Mr. COWAN. Is there not aprovision by which State otheers are to be punished?
Mr. TRUMBULL. Not State officers especiall, but everybody who violates the law. this the intention to punish everybody who violates the law.
Mr. COWAN. In the 1st place, all State laws making discriminations are swept away, and in the next place all persons who under take to execute those laws are made criminals, and that includes the judge, the constable, the sherilI, the marshal, and everybody. That is my reading of it; I may be wrong I have not had an opportunity of examining the bill thor oughly in all its details.,
Mr. STEWART. I will ask the Senator whether the fugitive slave law did not contain a precisely similar provision, and if it was not held good by the SCOTUS?
Mr. COWAN. The fugitive slave law of 1850 the Senator means. I was always opposed to it, Mr. President.
Mr. JOHNSON. The Supreme Court held it to be constitution al.
Mr. FESSENDEN. I should like to ask my friendfrom Pennsylvania a question, with his permission.
Mr. FESSENDEN. I should like to know if I understand the Senator rightly to argue that if all the people of those States had been in favor of secession we should have had no right to interfere with them, but should have been bound to submit to their action.
Mr. COWAN. When that question arises and I was afraid at one time it would arise then I will answer.
Mr. FESSENDEN. The Senator argues, if I understand him, that we went there for the simple reason that a large portion, if not the mnority of those people. did not wish to secede, an were opposed ho secession. Now I put the other sub: suppose the whole ornbout the whole had wished to secede, do I understand him to ome that we should have had no right to go?
Mr. COWAN. The gentleman cannot entrnp me off the position on which I stand, and get me to arguing other and very different questions. I I will ask the gentleynan one question, and crhaps he will answer it. I ask whether you did go there to conquer them, whether you went there to take away their rights or to maintain their rights.
Mr. FESSISNDEN. If necessary, in order to suppress the rebellion and restore the power of the Government, certainly to conquer them. I have no doubt of that.
Mr. COWAN. The gentleman has answered his own question, and as he has answered it himself and I have no quarrel with him, let it pass; but the question oes not arise. These people were not, the whole of them, in favor of secession; and I refer the gentleman to a chapter in Mr. Greeleys bOok. in which the facts on that point are all collated for the benefit of Senators and others, and it is very well done. There were more than one half of them who were opposed to it. What I object to is, that that half should now be branded as criminals when the only thin criminal they did was to get into difficulty and into war, desolation, and destruction, because we, the Government of the U.S., did not do our duty in that behalf. Now, I come to the law. I say this is the law; it is not only common sense; it is not only common reason. common justice, and common hu manity, butit is the law, and all legal gentlemen here know that it is the law: if the General Government allows itself to be put out of possession, so that it cannot protect a citizen, and n defaclo Government is over him, whatever he does in obedience to that defuclo Government, and under its authority, is not treason. Does on body undertake to deny that that is the law?
Mr. FESSENDEN. Grant it for the sake of arfi
Mr. COWAN. No, but for the sake of the truth. That is the law. Then I say that no man is a traitor who.
Mr. COWAN. It is the law granted by my friendfrom Maine, and after I proceed on his at. I am asked to entertain your denial.
Mr. FESSENDEN. I want the Senator to understand me. I want to see what the consequences of the argument would be. Suppose there was a certain portion of them who were forced in; very well; you say they have not committed treason. Grant it for argument sake; suppose we do not punish anybody for treason, does it follow that when the majority have revolted, and we have suppressed the revolt, we must immediately restore to the whole community all the rights that they may have forfeited because some portion of them were not originally in favor of, the revolt? Is that the Senators argument?
Mr. COWAN. The honorable Senator is getting a little ahead of me. His exceedingly guick and apprehensive intellect stalks infront. have not said an thing about granting them all their rights. I7am talking now about the impropriety, the folly, and the madness of assailing a whole people as traitors and rebels. I am tryingto show I. at more than half of these people, I mean the voting population, can by no possibility be obnoxious to that charge. 3
Mr. FESSENDEN. Then the question is whether they are assailed as rebels and traitors because it is deemed unsafe to give them the rights of government, for that is the argument.
Mr. HOWARD. Will the Senator allow me to ask him a question?
Mr. HOWARD. I should like very much to understand as clearly as possible the views of the Senator, who is very confident and very earnest in his assertion of the law of treason. Suppose (what has been the fact) that the government of one of the cotton States had passed completely from the hands of men loyal to the U.S. into those of traitors; and suppose that the rebel government had in this manner obtained an actual and effectual possession of all the political powers of the rebel State. Suppose such a state of things to have happened; do not know that the honorable Senfrom Pennsylvania will admit that that state of things actuall happened. I ask him now, suppose one of the ringleaders of the rebellion in this rebel State should be put upon his trial before an impartial court and an impartial jury for the crime of treason committed in that State, whether he could go into court and interpose a lea to an indictment for trea son, setting up hat the accused was only act.ing in pursuance of the laws of the State and under the legal compulsion arising from the pressure of those laws, and whether he would regard that lea as a justification for the acts of treason which that accused may have committed. I do not know that I have made myself understood.
Mr. COWAN. I think I understand my friendfrom Michigan, and I am very free to say that if I do understand him, it would not be a defense. If nn original ringleader, a man engaged in the original conspiracy, were to attempt to set up a lea of that kind he would be met at once with the assertion that he was one of the original conspirators.
Mr. HOWARD. Once again, if the Senator will allow me.
Mr. HOWARD. Suppose that this ringleader is charged with having committed an overt act of treason during the flagrancy of the war, while the ringleader was just as much under the pressure of the State laws of the rebel States as any other person, however humble or subordinate he may have been, would he then suppose that this plea would protect him?
Mr. COWAN. Nothing in the world can be clearer. The plea would not be worth talking about. The original ringleader, the original conspirator, the man who gets up and concocts the plan and is part of the plan, is guilty of every thing which is done in)ursuance of the lan, not only 1st, but last, because the who e, in the eye of the law, is a single offense; he would be justas liable for treason for firing his n at the battle of Gettysburg as he would e for signing a secession ordinance at Charleston on the 1st day of secession.
Mr. HOWARD. Then, if the Senator will allow me, I will ask him another question. At what point does the guilt of treason commence in the case which I put, and at what point does it become no longer treason?
Mr. COWAN. I will state that to the honorable Senator and I thoughtI had stated it.
Mr. HOWAltD. 1 did not understand it so.
Mr. COWAN. The guilt of treason commences, as I stated before, by making war or contriving war against the Government of the U.S. at a time when the U.S. is able to protect him if he refuses, and at a time when there is no defacto Government over him to comel his consent.
Mr. HOWARD. Then treason depends on the ability of the U.S. to protect the individual.
Mr. COWAN. It may; and I have put a case which should satisfy the honorable Senfrom Michigan of that, that it may depend upon it exactly. Let me suppose that is State With its Governor, Legislature, and judges had seceded, what would he have done I Would he have been guilty of treason if be obeyed that State government of Michigan when the U.S. could not protect him and was not there to protect him?
Mr. HOWARD. I am perfectly readyto an swer that question. I certainly should,in that case, be legally guilty of treason as it is defined by the constitution of the U.S. What might be the propermeasure of punishment to infigictupon me under such circumstances would be a matter for the Executive and not for the courts. I suppose that the essence of all crimes consists in the intention, the purpose, In the trial of criminal cases, weinquire into the animus with which the act was done by the accused; and if it appears that the act was not done with an evil intention, that it was done by coercion, or under any circumstances of justification or excuse, we all know ver well that the courts charge the jury that that escription of evidence is to be received in the mitigation of the crime. But that is not the case which I put. Iputthe case where the intention is clear, where there is no coercion, where there is no irresistible pressure, but where the act is done in obedience to the command of the laws of the State, or of the proper agents for the execution of those laws.
Mr. COWAN. The only thing which the honorable Senator does not take into account, and which he might take into account as a lawyer, is the presumption of law. If he will take the trouble to turn to the textbooks, he will find this much more clearly stated than I can state it. If the citizen of a State acts in obedience to the government of that State, which is a usurped government, even whether it is done willingly of unwillin ly, he is excused; treason is not imputed to rim. I think the word you will find is “excused, ” because the law will not presume that a man does willingly that thing which is a crime and which he cannot resist, because the law looks to human frailty, the commonweakness of humanity. It does not. suppose that a single man is able to resist a State; every bod knows he is not. Nyow, I wish to come to the conclusion of my argument. I think it is perfectly clear that the majorit of the people of the southern States, and I think the great majority of them, did not commit treason. I very much doubt whether any great mass of peoplein the world ever did commit treason. We iine w the people, and we know their weakness. We know how readily they are led away by their leaders; we know how subject they are to have their passions excited, and we know how quickly the flame of war may be kindled among them without the wicked, treasonable intent which is necessary to constitute the qffense of treason; and them fore it is that I suppose no Government in the world ever undertook to punish a whole people for treason. All Governments, so far, have treated the leaders as the criminals. not the people. They were never supposed to incur any other penalty than that whiich fell upon them by the war in which the treason involved them. I have no doubt then, Mr. President, that the great mass of the southern people never were guilty of treason, never could be convicted of treason.
The PRESdent protempore. The question is on the amendment moved by the Senfrom Illinois.
Mr. LANE, of Kansas. I proposean amendment to the amendment, which has been submitted to the chairman of the committee and has been agreed to by him. It is after the word “Power, ” in the 3rd line of the amendment, to insert “or tribal authority, ” so as to read, “All persons born in the U.S., and not subject to an foreign Power or tribal authorit, are here y dec ared to be citizens of the U.S., ” the
Mr. TRUMBULL. I have no objection to that amendment. It will make the amendment I “offered more specific. I think it would mean that without it, at still I have no objection to it.
Mr. Trumbull. If the Senator will allow me, that is the law of Illinois today. r
Mr. FESSENDEN. Where is the discrimination against color in the law to which the Senator refers?
Mr. JOHNSON. There is none; that is what I say; that is the very thing I am finding fault with.
Mr. TRUMBULL. This bill would not repeal the law to which the Senator refers, if there is no discrimination made by it.
Mr. JOHNSON. Would it not? We shall see directly. Standing upon this section, it. will be admitted that the black man has the same right to enter into a contract of marriage with a white woman as a white man has, that is clear, because marriage is a contract. I was speaking of this without reference to any State legislation.
Mr. FESSENDEN. He has the same right to make a contract of marriage with a white woman that a white man has with a black woman.
Mr. JOHNSON. I have not come to that. You and the Senfrom Maine are always too fast for me.” Born in the U.S. "I suppose that it will be admitted that that will include them“ and not subject to any foreign Power.” The amendment suggested by the Senfrom Kansas is to add the words, “or tribal authority.”
Mr. LANE, of Kansas. Does not that restrict it?
Mr. JOHNSON. It does to a certain extent, but does it go as far as you want it to go I
Mr. SUMNER. Allow me to ask the Senator whether we do not always deal with the Indians through the treatymakin power?
Mr. JOHNSON. We have one so, but not necessarily.
Mr. JOHNSON. Certainly it is; but I am dealing with it now as aquestion of power. We have dealt with them as a treatyma ring power, but it is not because there ever was a doubt that Congress could deal with them by legislation; and, in point of fact, although we have dealt with them as n treatymaking power, we have done so by making them make the treaty. It is no treatymaking power in the ordinary acceptation of the term; that is to say, the parties are not o pal.
Mr. SU. lNER. With the Senators permission, I will remfnd him that we act upon our treaties with the Indians in this Chamber with precisely the same forms that we do upon our treaties with the European Powers, and they mustbe ratified by a vote of 2/3rds of this body.
Mr. JOHNSON. I understand that; but what “And not subject to H I mean to say is, and I do not think the honorable member will contradict me, that there is nothing in the constitution of the U.S. dehning the treat "making power, orin any other branch of it, which says that Congress cannot legislate in rerd to them. That is what I mean to say. ow to what period does the phrase, ” not subject to any foreign Power or tribal authority” relate? Does it mean at the time of the birth, or the time the controversy arises? My friendfrom Illinois seems to think, and perhaps he is right, that it means the time of the birth; but it admits of a different interpretation. “All persons born in the U.S and not subject to any foreivn Power or tribal authority shall be citizens of e U.S. ”when I
Mr. JOHNSON. I know that that is your interpretation.
Mr. LANE, of Kansas. That is not the way I want it.
Mr. JOHNSON. I know it is not; that is the reason that I suggest it. My friendfrom Kansas has a very clear perception upon all matters, particularl those relating to the Indians. [Laughter]. I,
Mr. LANE, of Kansas. In answer to the suggestion of the Senfrom Maryland, I will state thereason why I do not want it. so to apply. A large portion of our Indians have recently takcn allotments of land, and our supreme court have decided, asI understandI have not seen the decisionthat the act of accepting the allotments makes them citizens so far as to subject the allotments to taxation. Now, whatI desire of the Senate is that the Indians who have taken the allotments and thereby separated themselves from the tribal authority may become citizens of the U.S. My colleague and myself have consulted on the subject, and we think it wise legislation that they may have the privilege of holding these allotments and selling them. That is the object.
Mr. JOHNSON. The honorable member does not suppose that I am o posed to that. I admit with him that those ndians who have separated themselves from their tribes, and have acquired lands in the State of Kansas, or anywhere else, ought to be citizens. The only question is whether you have done it by this provision. I throw it out as a suggestion that may or may not have weight, just as the Senate may think it entitled to weight or not. If my friend, the chairman of the committee, is right in his construction of the clause, that it means the time of the birth, then the honorable member from Kansas will not have effected his purpose. I think I can satisfy the Senator that he is quite short of his designed mark, provided the honorable chairman is rightand perhaps he is, I rather think he isin his interpretation of his amendment, that it means to refer to the date of the birth as the time when the foreign allegiance exists. The honorable member from Kansas makes the alle innce or tribal authority take the same date. "hen the Indians whom you want to. make citizens and who have recently come to Kansas, and who have purchased land, but who were born under triba authority, will not become citizens unless it be by treaty; and that cannot be true so far as citizenship of the U.S. is concerned, where they become citizens by buyin lands in Kansas. If they are aliens before t cy buy the land, and nothing is done by them to obtain the character of citizens except buying the land, then they do not become citizens; that is very clear. hey can only become citizens by a bill like this, which wilf provide in words for such cases as exist in Kansas; and I think they ought to be provided for.
Mr. COWAN. Will it not have to be anni form law under the constitution?
Mr. JOHNSON. It would be uniform o course with reference to those buyin lands in an State and separating themselves lfrom their tries.
Mr. COWAN. But not as to all people Irishman, Germans, Indians, and everybody. 1866. 507
Mr. JOHNSON. That is uniformity with a vengeance; but thatis not the uniformity which the constitution renders necessary, if I understand it. One or 2 of my friends on this side of the Chamber who have spoken seem to suppose that this citizenship cannot be obtained through the legislation of Congress. I entertain a different opinion. The clause in the constitution to which reference has been made one of the provisions of the 8th section of the 1st articlegives to Congress the right to establish uniform laws of naturalization; and the view taken of the effect of that clause, considered in connection with the whole Constitution, is that the cannot become citizens in any other way. that is not true. How did the residents of Louisiana at the time of the cession in 1803, and the residents of Florida at the time of the cession of 1819, become citizens of the U.S.? It was by treaty. The treaties in those cases provided that all the inhabitants of the ceded territory should be entitled in the U.S. to the same privileges, immunities, and rights that belonged to the citizens of the U.S. No naturalization was ever supposed to be necessary in those cases, and none o those inhabitants have since applied for naturalization; and they have been in the courts time after time and recognized as citizens.
Mr. COWAN. I should like to ask the honorable Senator whether that was not done by treaty; whether it can be done in any bther way except according to some uniform rule which is to operate equally upon all people?
Mr. JOHNSON. That rule in relation to Louisiana could not be considered uniform, because it did not provide in relation to all territories afterwar to he acquired; it only cov ered that case. That, however, is a question, which I am not now discussing. I an erstood the argument to be that the only way in which a person born abroad could become a citizen of the U.S. was through the naturalization power, so to speak that Congress must exercise by legislation the power conferred upon that ody of establishing a uniform rule o naturalization. Now, in the case which I have stated, as I suppose my friend will admit, it was done not by that means, but by the treaty lnakiu power.
Mr. “ltUMBULL. Does the Senator mean to say that we acquired Texas by treaty? Did we acquire Texas by treat, an make its citizens citizens of the U.S. by treaty”!
Mr. JOHNSON. I did not say so. I said Louisiana and Florida, not Teims.
Mr. TRUMBULL. I thought the Senator included Texas.
Mr. COWAN and every other race but the white.
Mr. JOHNSON. Every race but the white to exclude the African. That decision stands unreversed. Nobody can say that it will be reversed. It is the decision of the highest court to which Weare bound to submit with all prope deference, not binding upon us perhaps asl is lating in very many particulars; but still, a such a deciSion has been pronounced, it is our duty, as I think, to avoid its resultsif we think that decision in the present state of the country would produce mischievous results, by providing that these people, notwithstandin their African descent, shall be citizens of the U.S. now that they are free. As to the propriety of seeing the bill itself, that is another question. do not reose now, nor perhaps at any time, to troub et e Senate with any remarks upon the question of the propriety of the passage of the bill. According to my views, which I may or may not explain, if there shall be time at some future period in the session, think we have not the power to pass this bill; but conceding that the power exists, what I desire, as I hope I shall ever desire, is that the Senators who think they have the power to pass the bill should make it as acceptable and as free from doubt as their wisdom will allow them to do.
Mr. COWAN. I move that the Senate do now adjourn. I hope my friendfrom Kentucky will acquiesce in that motion.
Mr. DOOLITTLE. Iask the honorable senator to allow me to offer some papers before that motion is lit. [“ Oh, no. ”]p
Mr. COWAN. I insist on my motion. The motion was agreed to; and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. TUESDAY, January 30, 1866. The House met at 12 oclock m. Prayer by the Chaplain, Rev. C. B. Borsros. The Journal of yesterday was read and approved. EQUALIZATION or BOUNTIES.
Mr. KASSON, by unanimous consent, presented JtResolutions of the Legislature of the State of Iowa, touching the equalization of bounties of soldiers; which were referred to the ComMilAffrs, and ordered to be printed.
Mr. GRINNELL, by unanimous consent, presented JtResolutions of the Legislature of the State of Iowa, in favor of granting to the 37th (“Greybeards") reviment of Iowa volunteers the same bounties which have been granted to other regiments; which were referred to the ComMilAffrs, and ordered to be printed. MAID ROUTE IN IOWA. Mr. PRICE, by unanimous consent, presented JtResolutions of the Legislature of the State of Iowa, for the establishment of a mail route in that State; which were referred to the comPostOffice, and ordered to be printed. REBEL PIRATE SHENANDOAH.
The SPEAKER, by unanimous consent, laid before the House the following message of the POTUS, with accompa nying papers: To the HoRep: In answer to a resolution of the HoRep of the 8th instant, asking for information in regard to the surrender of the rebel pirate vessel called the Shenandoah, I transmit a reon from the Acting SecyState, to whom the resolution was referred. AndrewJohnson. WASHINGTON, January 26, 1866.
Mr. WILLIAMS moved to. refer the message, with accompanyin documents, to the ComForAffrs, and that the same be printed. The motion was agreed to. ENLISTMENT OP HUNDRED DAYS MEN.
The SPEAKER, by unanimous consent, also laid before the House a communication from the SecyWar, transmitting the reart of the Provost Marshal General in reg to the enlistment of hundred days men, and all orders in relation thereto, in response to a resolution of the House of January 23, 1866; which was referred to the ComMilAffrs, and ordered to be printed. PAY DEPT OF THE NAVY.
Mr. RICE. of Massachusetts, by unanimous consent, introduced a bill to provide for the better organization of the pay Dept of the Navy; which was read a 1st and 2nd time, and referred to the ComNavAffrs. PRIVILEGES OF THE FLOOR.
Mr. DELANO, by unanimous consent, submitted the following resolution: remlved. That until otherwise ordered, William Byers, C. H. Ixylc, and James M. Johnson from the State of Arkansas be invited to occupy seats in the Hull of the HoRep.
Mr. DELANO. My object is not to make any remarks upon the resolution I have of fered, but simply to extend to the gentlemen from Arkansas the same courtesy that has been extended to the gentlemen from Tennessee.
Mr. KELLEY. Is this resolution now subject to debate?
The SPEAKER. It is not, except by unanimous copsent. The House is now acting under the previous question, which was 2nded on yesterday.
Mr. RASSON. Would it be in order for me to inquire of the mover of this resolution if these gentlemen are and have been loyal?
Skip Skip The SPEAKER. It would not be in order at this time. The question was upon agreeing to the resolution, and there wereayes 53, noes US.R. DELANO. I ask for the ycas&nays. The yeas&nays were ordered! The question was. then taken; and it was decided in the negativeyeast 64, nays 94, not voting 24; So the resolution was not agreed to. Pendin the call of the roll, Mr. TA LOR said, my colleague, Mr. JONES, is confined to his room by sickness. At the conclusion of the call of the roll. Mr. BIDWELL said, Ivoted “ay” under the impression that this House was going to be consistent, and to allow the gentlemen from Arkansas to come upon this floor on the ground that they were loyal, as they did in the case of the gentlemen from Tennessee. The SPEAKER. Debate is not in order. Mr. BIDWELL. I change in vote to “no.” The result of the vote was then announced as stated above. Mr. STEVENS mtRtv last taken; on the table. Agreed to. DEFICIENCY APPROPRIATION BILL.
Mr. STEVENS reported from the Committee 11 Axpropriations a bill (H. H. No. 86) making a itional appropriations to cies in the appropriations for ssuunpe rilyydeeivfiiclicenx penses of the Government for the fiscal year eudin June 30, 1866, and moved that the bill be reerred to the ComWhole on the state of the Union, and be Made the special order for Tuesday, February 6, and from day today until disposed of. The motion was agreedto. CENSUS OF MANUFACTURES.
Mr. LAFLIN reported from the ComPrintg the following resolution: Ruched. That 20,000 copiesof thereport of the SecyInterior. in responseto a resolution of this House. giving a tubular statement of all manufacturesin the U.S., be printed for the useof the members. The resolution was agreed to. PRINTING OH LAST CONGRESS liMr. LAFLIN. I ask unanimous consent to make a statement in the nature of a personal explanation.
The SPEAKER. The Chair bears no objection. The gentleman will proceed.
Mr. LAFLIN Mr. Speaker, I hold in my hand a on y of the Rock sland Weekly Argus, published in Illinois, which contains the following statement: “Tris Esonxoos Exrsssss or ran REPUBLICAN (foresees As an example of the wasteful prodignlity of the last Republican Congress. we may state that it is admitted that the printing alone for it cost last year over 200 million dollars.” Now, sir, even supposing that this statement was uruntenionally exaggerated by a mistake of the printer, and that the amount intended to be stated was $2,000,000, (a supposition that is not very probable, as the amount is printed in words, not in figures, it is due to tie last Congress to state that even the latter amount is far beyond the truth. The ComPrintg, through tife chairman of that committee in the Senate, has made a demand upon the Superintendent of Public Printing for a tabular statement, which will be placed in the possession of every member of the House. tor my present purpose it is sufficient to state that the expenditures for printing for the last Conorcss, including both the Senate and the Ifouse, amounted to $700,618 63, less than 1/2 the amount stated in this paper, even supposing that there was an unintentional mistake in the fitires.
Mr. LAFLIN. Of this sum of $700, 618 53, the amount for the HoRep is a little over $421,000; the amount for the Senate, $279000. This is all that I have to say.
Mr. STEVENS. I new demand the regular order.
Mr. WINDOM. I ask the gentleman to yield to me for one moment. I desire simply to offer a resolution for reference to the ComPrintg.
Mr. STEVENS. I yield for that purpose. CONDITION OF THE INDIAN THHIES.
Mr. WINDOM, by unanimous consent, submitted the following resolution: Resolved That the report of the committee to investigate the conditionof the Indian tribesbeprinted and that 6,000 additional oopiesbeprinted for the useof the House.
The SPEAKER. This resolution will be referred, linder the law, to the ComPrintg. RECONSTRUCTION.
Mr. LOAN objected, but subsequently with drew his objection and the resolution was received and referred to the JtComReconstruction. INTERNALREVENUE REPORT.
Mr. MORRILL, by unanimous consent, submitted the following resolution: which was read, and, under the rules, referred to the ComPrintg:, Resolved. That there be printed 6,000 eopies of the report of the ComrIntRev. 2,000 for the use of the House, and 400Ofor the use of the office of the internalrevenuo. CURRENCY.
Mr. HUBBARD, of Connecticut, by unanimous consent, submitted the following resolution; which was read, considered and referred to the ComBanking&Currencyi Reached. That this House will cobperatewith the SecyTreasury in his ctforts to bring the currency of the country to a speciebasis. BASIS OI“ REPRESENTATION.
Mr. STEVENS demanded the regular order of business.
The SPEAKER stated the regular order of business to be the consideration of the following JtResolution reported by the JtComReconstruction: Resolved by the Senate and HoRep of the U.S.A. in Congress assembled, (2/3rds of both Housesconcurrink.) That the following article he proposedto the Legisliitures of the several States as an amendmentto the constitution of the U.S.; which, when ratified by 3/4ths of the said Legislatures shall be valid as part of said constitution. namely: ARTICLE. Representatives and direct taiijcs shall be apportioned among the several Stateswhich may be included within this Union llCCOIdIDR to their respectivenumbers, counting the wholenumberof personsin eachState. excluding Indians not taxed: vi cal, That wheneverthe clect o franchise shall be denied or abridged in any State on account of race whor color. all persons qfsuch race or color shall be excluded from the basisof representation. The pending question was on the motion of Mr. LeBloNI) to refer the JtResolution and ending amendments to the ComWhole on the state of the Union.
Skip Skip The previous question was 2nded last evening, and the question is now, Shall the main question be now ordered to be put?
Mr. STEVENS. I hope the demand for the Erevious question will be withdrawn, and that y common consent the amendment be referred to the ComReconstruction without instructions.,
The SPEiiKER. The gentleman can get at that by movmg to reconsider the vote by which the previous question was 2nded.
Mr. STEVENS. I make that motion. The motion was agreed to.
Mr. GRISWOLD. I now withdraw the demand for the previous question.
Mr. LEBL ND demanded the yeas&nays on his motion to refer to the ComWhole on the state of the Union.
Mr. CONKLING. Before the yeas and no. are ordered, I desire to say that I hope this so ject will be referred to the ComReconstruction without instructions. That seems to be the desire of the House, and the committee have no objection. I hope that at least the friends of the measure will vote in that way.
Skip Skip The yeas and nnys were ordered. The queetion was taken; and it was decided in the negativeyous 37, nays 133, not voting 12; So the motion was disagreed to. Mr. BINGHAM mtRtv the House refused to refer the subject to the ComWhole on the state of the Union; upon the table. Agreed to. The question thenrrecurred on the motion to recommit the JtResolution to the ComReconstruction without instructions. The motion was agreed to. Mr. CONKLING mtRtv the House agreed to the motion to reeommit; on the table. Agreed to.
Mr. BROMWELL. Mr. Speaker, I have an additional amendment which I did propose to offer to the ComReconstruction.
Mr. CONKLING. I propose that the House allow gentlemen to submit their various propositions to the committee.,
The SPEAKER. Is there objection to gentleman submitting resolutions to the Clearny today to go to the Comreconstruction? The Chair hears no objection. Gentlemen can submit their propositions to the Clerk tJday and theywill go to the committee. ALEXANDER w. MCONNELL.
Mr. SPALDING, by unanimous consent, introduced a bill for the relief of Alexander W. McConnell; which was read a 1st and 2nd time, and referred to the ComClaims. DAMAGES IN REBEL STATES.
The SPEAKER announced as the next business in order the consideration of the resolution reported by Mr. Dmase from the ComClaims, 0n the ISth of January, Mr. DELANO being entitled to the floor.
Mr. DELANO. I call for the reading of the resolution.
The Clerk read the resolution, as follows: Resolved. That, until otherwiseordered. the committee of clnims be instructed to reject all claims referred to them for examination by citizens of any of the Stateslately in rebellion, growing out of the de struction or apgoprialion of or damageto. property biLtllilo Armyor avy while engagedin suppressing the vre e um.
Mr. CONKLING. I desire to ask the Gentfrom Ohio a question. I wish to say that I listened with very eat pleasure to the reading of the report may e by the gentleman some days ago, and, having once examined this question, I auree with him, as Iunderstand his report, and lpfeel for one under great obligation to him. I desire to ask him what is the difference, not as a matter of clcmencv and discretion, but as a matter of law, betwedn a claim presented by adisloyal person and one presented ya loyal man, if both men were citizens of the country occupied and held by the enemy? I ask the question in the light of the decision of the court in the prize cases.
Mr. DELANO. The gentleman asks me a question which it use he very difficult to an swer. As a matter o law, I am frank to say to the gentleman that I am not furnished with any authorities that would enable me to draw a distinction. There may be cases upon this point. But if there are I frankly say to the House that my industry has not brought them under my observation and if he or any other gentleman knows of any such case I would be obliged to him to inform me. All the time I have been speakingin reference to this distinction between teclaims of loyal and disloyal persons I have been speaking in reference to equitv and not in reference to law, and I desire tie House so to understand me. I have been considering the question in the light of benevolence and equity, rather than in the light of law and strict justice. I think the suggestion of the Gentfrom NewYork [Mr. COKKLING] exceedingly perti nent, because it presents to those who see fit to take that view of the subject another reason for rejecting these claims. I will add further upon this point that it once occurred to me, while I had this report under consideration and reparation, that those who were brought into the rebellion by the sovereign power of their Statesfor I acknowledge the sovereignty of States to a limited extentthose who were carried into the rebellion by the sovereign action of their States, so far as they could act, thus being in a certain sense enemies, to whom forsome purposes belligerent rights were accorded, must necessarily, upon principles of law, stand upon the same platform with those who caused the rebellion.
Mr. SMITH. Appreciating as I do the remarks of the Gentfrom Ohio. [Mr. deIAno] and concurringwith him too greatextent in the suggestions he has offered, I wish to ask a question ofhim which will somewhat rebutthe question of the Gentfrom NewYork, [Mr. CONKLING] and I ask the Gentfrom hio to allow me to make this statement in advance of my question. The citizen owes allegiance to the government and the Government owes simple protection to the citizen. Now the State of Pennessee has been regarded as a rel bellious State. But in that State there have been 30,000 loyal men who have given their services to the Government of the U.S. If, in the progress of the war, the Government has been unable to give full protection to those 30,000 people in ennessee, and their property has been destroyed by the march and ] progress of the armies defending the Government, and if it is the duty of the Governmentto protectthese men in their rights of property, is it not the duty of the Government to refund whatever has been lostinconsequence of the movements of the armies? Or are they to be considered as public enemies, because their State has been conmdered in rebellion?
Mr. GARFIELD. Will my colleague allow me to make an inquiry? It will detain him but a moment.
Mr. GARFIELD. If in understanding of this proposition is correct, e effect of the resolution submitted by the committee is, in the 1st place, to rule out all claims for damages in cidental to the war. That, it seems to me, is eminently proper. But the resolution, as I understand, includes also claims for property appropriated by our Army forits maintenance. Now there are 2 classes of cases in rard to which I wish toinquire of the gentleman whether the resolution inciudes them. In the 1st place, during the war property was taken by the various divisions of our Army for their subsistence, commissary stores, and supplies of all sorts; and to the owners of the property taken receipts were given and vouchers for payment upon proofof loyalty being made to the Federal Government. A large number of such receipts were given all through the South. There is a 2nd class of cases of which I will give one instance personally known to me. It was at one period of the war d6termined to fortify the city of Nashville; and it became necessary to tear down several very valuable houses. In one instance, the value of the house was assessed, and regular vouchers were given to the owner, he being a man of known and conspicuous loyalty, in order that he might obtain compensation. In other cases property was thus destroyed, the owners not cin present. But suppose that those owners could make undoubtetkproof of loyalty, and could show that their houses had been torn down by the lawful orders of U.S. officers for the purpose of building fortifications, would file resolution rule out that class of cases as well as the cases of property taken for the supply of the Army, where vouchers for payment, conditional upon proof of loyalty being made, were given to the owners? I desire to ask the gentleman whether those cases will come within the resolution.
Mr. DELANO. A categorical answer to the interrogatory of the gentleman would be in the affirmative. The resolution would necessarily rule out all claims for damages of every class, as well those resulting from the ravages of war as those resulting from the appropriation of property for the use of the Army, when such claims are made by citizens of States that were in rebellion. It would not apply to claims made by citizens of anyother State.
Mr. GARFIELD. I believe that feature of the resolution of my colleague would in many cases work injustice. Where citizens of the in surgent States have remained entirely loyal, I do not see on what possible ground of justice we can declare that their claims shall be excluded from consideration, while at the same time we do take into consideration the claims of loyal men of other States. I hope that the resolution will be so amended as not to discriminate against those noble men who were true and loyal in the midst of the general ruin.
Mr. SMITH. If the chairman of the committee of Claims [Mr. Dsnsxo] will yield to me for one moment, I desire to say, in confirmation of the position taken by the Gentfrom Ohio, [It Mr. GanFiELD] that, in my view it is infinitely better to pay an entirely loyal citizen of any of those States that were considered in rebellion than to pay a citizen of Maryland, Missouri, Kentucky, Ohio, or Pennsylvania, whom we believe to be disloyal, but who is, notwithstanding, able to present apparent proofs of loyalty, and thus secure the payment of his claim through the action of Congress or of any of the depts of this Government.
Mr. DELAN. If my colleague [Mr. Gan risnn] and the Gentfrom Kentucky Mr. Surru] will listen till I hall have conclude my statement I think th will not object to the resolution. I will, in the 1st place, ask gentlemen of the House to observe that the resolution does not fix a permanent rule of action. It embraces 2 classes of claims. I have discriminated between them, and need not return to that branch of the subject. It provides that for the present the rule shall be as I have indicated. We of the committee have well understood the difficulty in the class of cases alluded to by my colleague and the Gentfrom Kenthek; but for reasons powerful with us we have fe t that for the prest the rule should be that which we propose to estahli by the resolution, ” until other wrse ordered, ” as you will observe.
Mr. DELANO. There may be a time when the Government will be willing to take on itself this discrimination between the loyal and disloyal. Wait, I beg you, gentlemen, until you determine whether you have any States or not. You say now your States are dead. I do not know what may follow, and I will not go into that subject, except by way of allusion to it in its bearing on the present question. Wait until these questions of reconstruction, the return and recstablishment of these States wait, I say, until thesequestions shall bedecided; but for the present, in view of our national debt and the magnitude of these claims, and above all the great difficulty in discriminating which is loyal and which is disloyal, wait for the present, and let this be your rule.
Mr. GARFIELD. Let me ask the gentleman another question. If I understand imaright in his remarks, the rule, which refers to the destruction of property as an incident of the war, is not to be temporary. I understand by the laws of war, and by our practice in the war of 1812, we have never paid any such claims. The other clause is for a temporary rule. N ow, I ask whether we ought not to discriminate?
Mr. DELANO. It seems to me that is a mere verbal criticism; and l make the remark without any discourtesy to the gentleman. I donut think it necessary to introduce 2 resolutions. Let us adopt the present resolution for the present policy of the Government; and if it is desirable hereafter ti) modify it in reference to the last class of claims, that can be done. Now, allow me to say why my mind came to this conclusion. You have upon your statutebook a law which provides for the payment of loyal citizens in the loyal States for all dam ages resulting from the taking of property for the use of the Army; and you have an easy mode of settling and adjusting these claims, as the QuarterMGen and the Commissary General are authorized to settle and adjust them. Whenever it is the sentiment of this House that the same principle ought to be established in behalf of citizens in the disloyal States, take your statute then and amend it so as to allow citizens from the disloyal States the same privileges of settlinv their claims before the QuarterMGen and the Commissary General which the citizens of the loyal States have now., You will then adopt a better rule of action than to submit these claims to the uncertain investigation by our committees. For allow me to so to this House, I do think if there is anything m the administration of law by Congress which needs correction, it is the power conferred upon and exercised by the ommittee of Claims. They are not able, it is not in the nature of things that they can be able, to investigate these claims in a manner in whichthe ought to be investigated. Now, Mr. SpeakcrJfeel I ought nottodetain the House any longer on this nestion. Before closing, hmvever, I must say that it was necessary, in myjudgment, the sense of the House should be taken on this subject, so important to the committee and to the country; an I shall feel it necessary, after allowing some explanation from other members of the committee, to demand the previous question.
Mr. NIBLACK. I ask the gentleman to yield to me.
Mr. DELANO. I yield to my colleague on the ComClaims for 5 minutes.
Mr. CONKLING. I desire to ask the gentleman aquestion. In the judgment of the Gentfrom Indiana, [Mr. NIBLACK] is there any class of claims coming from the South more meritorious than those for injury suffered by loyal men on account of their loyalty alone; men whose property was destroyed by rebels, which property would not have been destroyed but for the fact that they stood by the tin of theircountry? and ifthe gentlemanadmitst at class of claims as meritorious as any, appealing to sound discretion, I ask whether he proposes in any view that they shall be paid by the Government of the U.S.?
Mr. WARD. I desire, with the permission of the chairman of the committee, to say a few words.
Mr. WARD. I concurred with much reluc tance in the report which comes from the committee. I felt that the loyal men of the South who have been faithful among the faithless, who had risked all and suffered all, and the wives and children of those who had perished in consequence of their devotion to the national flag, should be in a measure compensated for the losses which they had sustained in consequence of their adherence to the national Government. But, sir, the magnitude of these losses, the dif ficulty of distinguishing at this time between loyal men and traitors, and the condition ofour finances, admenishedme that we should not now open a door that would let in financial ruin, national disgrace, and perhaps repudiation of the national debt. I felt that this class of claims might double the national debt, and so bring about results which all would deprecateresults so deplorable, I am sure, that all would wish to avert them, and none more so than those patriotic men whose claims are so stron and who have shown by their sacrifices that tenational honor is very dear to them and so far as I am concerned I desire to say that I hope this action will not be rerded as final; that it shall not bind asapreee ent those who shall come afterward; but I hope that at no distant day, when the dark clouds that surround our national pathway shall have vanished, when the difficult work of reconstruction shall be done, when the nation no longer reels under a gigantic national debt, and when those loyal men shall be clearly ascertained, then justice shall be done to these peole, and the nation shall reward them as they cserve.
Mr. THORNTON. I simply desire to make a brief explanation in regard to the report and resolution submitted by the chairman of the ComClaims. concurred in the resolution, but I do not agree with the reasons contained in the report. In regard to one class of claims, those growing but of the rav ages of war, I have no hcsrtation in saying that the Government is under no obligation, at any time, now or hereafter, either in loyal or disloyal States, to pay for the ravages by war, and the resolution would with more propriety, in my judgment, have separated that class from the other. But in regard to that art of the resolution which declares th unti otherwise ordered, the ComClaims be instructed to reject all clahns groing out of the appropriation of or damage tg property by the rmy and Navy, &c., I cannot 9. rec to it. I understand that the reason whch has governed the allowance of claims of this character is based upon the provision in the constitution that private property shall not be taken for public use withoutjust compensation. Now, I would ask the difference between private property taken in disloyal States and that taken in loyal States. We pay for subsistence taken in loyal States; why not pay for subsistence taken indisloyal States? It seems to me that there can be no difference between property growing out of the mere fact of the residence of its owners. The citizens in the disloyal States owed allegiance to the Federal Government as well as the citizens in loyal States, and we owed them a corresponding protection. Shall it be said that because our armies in marching through the disloyal States took private property for the subsistence and support of the Army, to make it efficient in the suppression of the rebellion, the citizens of those States shall be entirely cut oil" from relief?
Mr. DELANO. I would inquire of the Chair how much more time I have.
The SPEAKER. The gentleman has 12 minutes more.
Mr. DELANO. Then I must ask the Gen}. jeman from Illinois to allow me to resume the oor.
Mr. THORNTON. I will conclude in a moment. The reason why I concur with the Mesolution is this: I think it is an ine pportune ime to take up the question of these claims. These States, if they are Statesand gentlemen upon the other side declare that the are not have no He Representatives here. I think these claims shall be postponed until they have Representatives here. It was for the reason that the committee could not come to any just conclusion in regard to this class of claims that I was in favor of reporting this resolution, and am now infavor o it. I desired merely to explain that I do not concur in the reasons of the report. p
Mr. DELANO. Unless the House are disused to extend the time allotted to me, I shall lie under the necessity of bringingl the House to avote on this question, althoug I would be very glad to accommodate gentlemen.
Mr. ROGERS. I hope the previous question will not be called now.
Mr. STEVENS. I suggest to the Gentfrom Ohio that he had better allow this question to be debated for an hour or two.
Mr. DELANO. I have no objection to any extension of time so that I can get avote on the resolution todn.
Mr. GARFIELD. I suggest that the debate be continued for 2 hours, ten minutes being allowed to each speaker.
Mr. WASHBURNE, of Illinois. 2 hours is too long a time.
Mr. LATHAM. I object to that arrangement, limitin debate to tenminute specches.
Mr. WASHBURNE, of Illinois. hen let us have a vote now if gentlemen on the other side object to discussion.
Mr. JOHNSON. That would be punishing the whole House for the act ofone mun.
Mr. DELANO. H have no objection to any extension of time the House may desire.
The SPEAKER. The Chair will state that at 3 minutes after 2 oclock the special order will come up, which is the consideration of the bill in relation to the Freedmens Bureau, which is the special order for today after the morning hour, and from day today until disposed of.
Skip Skip Mr. DELANO. Idemand the previous question. Mr. ROGERS. I hope the previous question will not be sustained. Mr. CONKLING. I hope that it will be sustained, since objection is made on the other side to discussion. On 2nding the demand for the previous question there were, on a divisionayes 73, noes 37., So the previous questio
Mr. LEBLOND. I th there has been a misunderstanding upon this subject. I do not think my friend upon my right [Mr. LATHAM] meant to object to any time being taken for debate.
Mr. LATHAM. My objection was misunderstood. I objected merely to the taking of 2 hours time for debate.
The SPEAKER. Notwithstanding the 2nding of the previous question, debate can go on by unanimous consent.
The SPEAKER. The Gentfrom Ohio suggested that tenminute speeches for 2 hours be allowed upon this proposition today, and at the end of the 2 hours the House should come to a vote upon it.
Mr. WASHBURNE, of Illinois. I object to 2 hours debate, though I would agree to one hour.
Mr. JOHNSON. Would that include the hour to which the Gentfrom Ohio, [Mr. DELANO] as the member who reported this resolution, is entitled after the previous question is 2nded?
The SPEAKER. It would not. The Chair will ask if there is any objection to continuing the debate for one hour.
Mr. LATHAM. Is it in order to refer this resolutionto the ComWhole?
The SPEAKER. That cannot be done without unanimous consent.
Mr. KUYKENDALL. I object to anything but voting. The main question was then ordered, which was upon agreeing to the resolution.
Skip Skip Mr. JOHNSON. As there seems to be a determination to cut elf any suggestions that may come from others, I shall have to moveto lay this resolution upon the table, and upon that motion I call the ycas&nays. The ycas&nays were ordered. The question was then taken; and it was decided in the negativeyeas 86, nays 118, not voting 28; So the motion to lay on the table was not agreed to. Mr. ROGERS. mtRtv the previous question was sustained. I. hope gentlemen will give us on this side of the House 30 minutes. That is all we ask to debate this subject. Mr. CONKLING. upon the table. Mr. JOHNSON. Upon that motion I call the yeas&nays. The yeas&nays were not ordered. The motion to lay on the table was agreed to. The question rred upon agreein to the resolution, which as again
The Clerk read, as follows: Renolverl. That until otherwise ordered. the committee of C ims be instructed to reject all claims referred to them for examination by citisens of any of the States lately in rebellinn. growing out of the destructionerap propriation ofor damageto property by the Army or Navy while engagedin lupinmain: the rebellion.
Skip Skip The resolution was agreed to. Mr. DELANO. mtRtv the House agreed to the resolution; on the table. Agreed to. AMENDMENT TO THE CONSTITUTION.
Mr. ASHLEY, of Ohio, by unanimous consent, introduced a JtResolution proposing an amendment to the constitution oi) the U.S.; which was read a 1st and 2nd time, and referred to the JtComReconstruction. SHIPEANAL IN Illinois.
Mr. INGERSOLL, by unanimous consent, introduced a bill to construct a shipeanal for the passage of armed and naval vessels from the glississippi river to Lake Michigan, and for other purposes; which was read a 1st and 2nd time and referred to the ComRds&canals. ADMSSION TO THE FLOOR.
Mr. ROSS. I rise to a question of privilege. I desire that rule 134, in reference to excluding from the floor of the House those not specially entitled to be here, shall be enforced.
The SPEAKER. The Gentfrom Illinois demands that rule 184 in reference to, admission to the floor, be enforced. The door keepers are repaired to enforce the rule, upon the demand o any member. Gentlemen not privileged to remain on the floor under that rule will retire.
Mr. WASHBURNE, of Illinois. Is not the Doorkecperrequired to enforce the rule without a demand 11 any member?
The SPEAKER. He is but yesterday Major GenlSherman was introduced Mr. WASHBURNE. of Illinois. I propose to have that rule either repealed or enforced. I often have friends whom I would like to introducc hereif others introduce their friends.
The SPEAKER. The Chair was about to state that Major GenlSherman was introduced here yesterday contrary to the rules; but the Chair supposes that the Doorkceper would, not be be responsible for that. l he rule will be enforced whenever any member insists upon it.
Mr. SCHENCK. I would inquire whether GenlSherman has not received by name a vote of thanks from Congress.
The SPEAKER. That would not entitle him to admission under the rule.
Mr. RANDALL, of Pennsylvania. I call for the reading of the rule.
The Clerk read, as follows: “No person except membersof the Senate. their Secretary, heads of Depts. the Presidents lrivnte Secretary. Foreign Ministers. the Governor for the time being ofany State. Sens&Repselect and Judges of the SCOTUS and of the Court of clnims shall be admitted within the Hall of the HoRep.”
Mr. RANDALL, of Pennsylvania. I desire to inquire whether it would not be in order to move that that rule be referred to the ComRules for the purpose of extending the privilege of the door. I here are persons who are not included in the listofprivileged persons, but who now should certainly be admitted; for instance, exmembers. There was a period when sit members became, in some cases. claim agents and, therefore, they were excluded byour rule. But I see no such persons here now; and it. seems to me that it would not interfere with legislation at all, if the privilege of the floor were extended so as to inclitde some persons not now privileged by the rule.
The SPEAK Mr. The rules have all been referred to the ComRules by a resolution adopted on me nof the Gentfrom Illinois [Mr. wASHBURN the 1st day of the session; but the committee generally do not report on any special subject unless it. be specially referred to them.
Mr. RANDALL, of Pennsylvania. Would it be in order at the present time to move to refer this subject to the committee?
The SPEAKER. Only b unanimous consent. The Gentfrom llihssachusetts [M. Euor] is entitled to the floor on the specie order.
Mr. RANDALL, of Pennsylvania. I have no desire to interfere with the Gentfrom Massachusetts.
Mr. VOOItHEES. I defsire to inquire, Mr. Speaker, so that no mistakes may be made by members, whether this rule will be so interpreted as to admit to the floor of the House the various Governors of the southern States Governors by virtue of election as such.
Mr. conLING. I would like to inquire whether any of those Governors have applied to the Gentfrom Indiana [Mr. VOORHEES] to procure them admission.
Mr. VOORHEES. M personal relations and intercourse with Genemen are not public property.
Mr. CONKLING. If I had supposed that there was any secret about the matter I would not have asked the question.
Mr. VOORHEES. Whether they have or not, possibly some one of the m may a"; ly either to the Gentfrom NewYork [hi1 Comt Line ] or myself;v and if this is on open quetion, I would suggest that this rule be referre to the JtCommee of 15, to determine whether the Govemors of the Southern States can come on this floor under the rule of the House.
Mr. RANDALL, of Pennsylvania. Mr. Speaker, my remarks were made entirely in good faith
The SPEAKER. The Gentfrom Pennsylvania will lease suspend his remarks till the Chair respon s to the point made by the Gentfrom Indiana. The Chair cannotantieipate any decision that may he made hereafter. Wheneverthat point shall be properly raised for the decision of the Speaker e will decide itas he decides allvotherquestions, subject to an appeal to the House. go such question has yet been submitted for the decision of the Chair. The Gentfrom Pennsylvania [Mr. RAN DALL] usks unanimous consent to make a motion for reference to the ComRules.
Mr. SPALDING. I object. runnnnans BUREAUAGAIN.
Mr. ELIOT. I now call for the special order.
Mr. ALLEY. I ask my colleague to yield to me for one moment, to take from the Speakers table a bill in reference to new post routes, which will take only a little while to pass on it.
Mr. RANDALL, of Pennsylvania. I object. The other side objected to my motion.
Mr. ELIOT. ow, Mr. Speaker, I must call up the regular order of business, which is the special order in reference to the Freedmens Bureau. I am directed to report back from the conv mittee on freedmen Senate bill No. 60. to on large the powers of the Freedmens Burean, wit. h certain amendments in the nature of a substitute.
Skip Skip MESSAGE FROM THE sENArn. A message was received from the Senate, lbly Mr. FORNET, its Secretary, notifying the House that that body had passed Senate joint. resolution No.26, for the payment of the expenses incurred by the JtCommee to inquire into the condition of the States which formed the sooalled “confederate States of America;” in which he was directed to ask the concurrence of the House. ransnnnss BUREAUAGAIN.
Mr. WRIGHT. As the Clerk read the bill, it does not agree with the copy which has been printed and put upon our desks.
The Clerk read the substitute and not the original bill. There are 2 sections 6, and if gentlemen will strike their. pens through the 1st one it will be right.
Mr. TAX LOB. Are there not other changes from the bill before us? I think there are a great many differences.
Mr. WRIGHT. I hope the bill will be or dered to be printed as modified, and postponed to a future ay.
Mr. CONKLING. I would like to understand from the Gentfrom Massachusetts whether this bill now before us is printed with the amendments as it passed the Senate.
Mr. conKLING. So that the amendments proposed areingrafted on the bill as it passed. Mr. ELIOT. There is one formal amendment in the 8th section, a mere verbal one. In line 25 strike out the word “to” and insert “shall, ” so that it shall read, “The Jurisdiction conferred by this and the preceding sections shall cease.” The grammar of it troubled some of my litera friends, and it may now as well be made right. Now, Mr. Speaker, I will proceed to open the debate upon this subject, and I should) be glad to have the diseussion of it brought to as speedy a close as practicable. It is of importance that we should legislate upon this matter quickly, and I hope it will not o necessary to occupy, either on this or the other side of the House, much time in its discussion. Before proceeding, however, I will move to recommit. the bill.
Mr. DONNELLY. Will the Gentfrom Massachusetts yield?
Mr. ELIOT. I will for the purpose of offer in an amendment. 8
Mr. PIKE.) The motion to recommit cuts 08 amendment.
Mr. ELIOT. I withdraw the motion to recommit. for that ur se.
Mr. DONNEL. I move to insert in section 6, line 7, after the word “ schools, ” the following: and the comniissionermay provideaeommonschool. educationfor allrefugeesor eedmenwhoshall apply therefor.
Mr. ELIOT. I now renew the motion to recommit.
Mr. CHANLER. I would like to ask the gentleman in. regard to the proposed arrangement for debate on this subject. Do I understand him to say that he invited or did not in vite debate?
Mr. ELIOT. I did not say either. I saidI was desirous to have the debate upon it come to an end as soon as practicable. do not pro0se to interfere with a reasonable discusswn, if that is what the gentleman means.
Mr. CHANLER. That is all Iwish. Does the gentleman propose to permit reasonable discussion of the bi l, and i so, will be state what he means by reasonable discussion?
Mr. ELIOT. I shall have torcserve the answer to that, for I promise the gentleman new that if the debate upon the bill assumes a wide range and embraces all subjects of reconstruction, I shall feel myself called upon to demand the previous question. But so long as a reasonable discussion of the bill is wante I do not expect to do so.
Mr. donnelLY. I would ask the Gentfrom Massachusetts if he will yield to me to make some remarks on the amendment I have offered and upon the bill generally.
Mr. STEVENS. If it will not interrupt the gentleman I desire to ask him a question.
Mr. STEVENS.] have never seen any of those mrdons; and I desire to ask the gentleman whether he has ever seen one and whether those pardons were extended to the recipient! as rebels or traitors, and also as belligerents, or only as rebels. I ask the question because all this iroperty was seized, under the express terms of the law, as property of enemies, not of rebels, without any condemnation; and I want to know how a pardon could affect propertfivl seized in that way. –
Mr. ELIOT. I have not had an opportunity to see any of those pardons. I should be very glad to rethe gentleman the information he seeks, i I could.
Mr. TRIMBLE. I do not like to interrupt the gentlemans remarks; but I would like to ask ima qliliestion in reference to the 8th section of this bill.
Mr. ELIOT. I shall be glad to answer the gentleman if I can.
Mr. TRIMBLE. Are we to understand this section as meaning that one of the agents of this bureau is to have jurisdiction and authority to hear and determine a case where the penalty by this section is imprisonment not exceeding one year, and a fine not exceeding $1,000?
Mr. TRIMBLE. iVell, will the gentleman yield, to me to offer an amendment to this section
Mr. TRIMBLE. I would like to have my amendment read.
Mr. ELIOT. I will say to the gentleman that a motion to amend could not be made under the rules, while the present motion is pending.
Mr. TRIMBLE. Well, sir, I will read my amendment, and then I think the gentleman will accept it. It is to add to the 8th section this proviso: Med. That nothing herein contained shall be construedto prevent the trial, by jury, of any white person ascontemplatedb artic c 3, sectiontwo, of the constitution of the U.S.
Mr. ELIOT. I believe the language of the gentlemans amendment is “any white peron.
Mr. TRIMBLE. Yes gentleman any better, sir. If it will suit the I will say “any person.
Mr. ELIOT. If the gentleman will read the bill carefully, he will see that when the opportunity for trial by j shall come, the section to which he refers wi probably be ine perative. That section is to continue in force only while the courts are not in operation, and until these States are restored totheir former relations in the Union.
Mr. LeBloND. I would like to ask the gentleman a question.
Mr. LeBloND. I desire to inquire of the gentleman whether this bill does not extend to States that have not been in rebellion, as well as to those that have been.
Mr. LeBloND., Then is it not justly liable to the objection of the Gentfrom Kentucky, 1 Mr. TRIMBLE?, Mr. LIOT. This bill extends to all the States it is not sectional legislation.
Mr. TRIMBLE. Will the gentleman permit me to offer this amendment, to apply only to the State of Kentucky, that has never been out of the Union, whose relations to the Union have never been disturbed?
Mr. DONNELLY. Imove that the House adjourn.
Mr. DAWES. I hope not. I trust my collea. e will be permitted to go on.
Mr. DONNELLY. I have no objection to his oiii on and concludin his remarks.
Mr. ASHBURNE, of glline is. Does the Gentfrom Massachusetts intend to take a vote tonight?
Mr. ELIOT. There are some members who, I understand, wish to speak; I shall not, therefore, expect a vote to ay.
Mr. ROGERS. I be e the Gentfrom Massachusetts will be allowed to go on.
Mr. RADFO RD. Is it understood that there is to he no vote taken today?
The SPEAKER protempera, (Mr. PIKE.) The Chair hears no objection. The Gentfrom Massachusetts will therefore proceed.
Mr. ELIOT. lwas just saying that it resulted in preparing a form of obligation for the land owner, and of restoration, to be signed by the Commissioner himself, under the provisions of circular No. 15. Before GenlHoward left the South, however, he received a tele hic communication from the Secretary o or, saying that the orders under which he acted did not require him to disturb the freedmen in their possession at that time, but to ascertain merely whether a just and mutual agreement could be effected between the freedmen and those who desired to employ them. That was last October. From that time there has been, as I believe, no action taken in regard to these Edisto lands, and they are held now waiting the action of Congress.
Mr. THAYER. I wish to make an inquiry in regard to the proviso that the gentleman has been speaking about. In the h section which Fobserve is not printed in the hill before usthere seems to be a little ambiguity in the phraseology. I would like the Gentfrom Massachusetts to inform the case in regard to the construction he puts upon it himself.
Mr. ELIOT. The bill, as it comes from the Senate, in section 5 provides that the occupants of land are conmed for 3 years, and the proviso is, that whenever the owners of the lands occupied under that order shall be entitled to restoration the Commissioner is authorized, upon an agreement and with the consent of the occupants, to procureZother lands for them by rent or ure ase, or to provide lands under the fourt section of the bill.
Mr. THAYER. The point to which I wish to direct the gentlemans attention is, whether the language used is intended to convey the idea that where the owner is entitled to mate. ration the consent of the occupant is a necessary condition precedent to the restoration. I do not understand why, other mse, the words “with the consent and agreement of the occupants” are used when the power is glVQIlD the Commissioner to appropriate other lands in lieu of those to which the former owner was entitled.
Mr. ELIOT. The allotments were made and continue until some other military action, or until the action of Congress. The Senate by the bill, as it has come to the House, confirms the titles for a term of years. The amendment proposed by the committee provides that if the owners of the lands, either under the circular No. l5Wlll0ll is believed to be ine perative or illegal by many personsor in any other way, should be entitled to their lands, the freedmen who have had those lands allotted to them should not be exelled from them against their consent and without a provision for another home.
Mr. THAYER. I understand by the proviso that the consent of the occupant is necessary before restoration takes place.
Mr. ELIOT. Yes, sir; that they should not be compelled to expatriate themselves or be driven into Florida or Georgia, or anywhere else, away from their own homes; that the should not be comelled to leave the lands which the Government adassi ned them, but that their consent should be otained to take another home.
Mr. THAYER. That the consent of the occupant is necessary before the Commissioner can order a restoration?
Mr. ELIOT. Before arestoration should be ordered; before the former owner should be put in occu one strain of his estate.
Mr. THAER. There seems to be a little solecism in the language of the provisoin speaking in the same breath of a person being entitled to restoration, and at the same time malnng the restoration depend upon therights of a 3rd party.
Mr. ELIOT. I dare say the criticism may be good; but it is verbal, and I do not think it stries at the meaning.
Mr. THAYER. It is verbal, but it also has some substance in it, because the proviso may mean either one of 2 things. Grammatically it would mean, I take it, that where the owner was entitled to restoration he should have restoration and that the occupants should leave their lands if he wanted them. But I supposed that as there seemed to be no rticular reason why the consent of the man who is offered the lands should be made a condition for giving them to him, probably the very meaning which the gentleman now tells me was intended to be attached to the proviso was the meaning intended to be conve ed. I understand that the gentleman distinctly asserts that that was the meaning intended to be imparted by the proviso.
Mr. ELIOT. It was not intended that the freedmen should be comelled to vacate the lands upon which they ha been placed by the Government until another home satisfactory to them was procured for them. Mr. ThAYER. I would suggest, then, whether it would not, perhaps, be well to substitute for the words “ where parties are entitled to a restoration, ” the words “where parties make agplication for restoration, ” or some similar wor s.
Mr. S”EVENS. I desire to know something about these lands which are referred to as lands to which parties are “entitled to restoration.” I want to know whether there is any doubt about these lands having been the lands of men engaged in the belligerent enemys army, and subject to confiscation under our law of 1862 1 did not the lands belong, before they were taken by us, to belligerent foes, and were they not seized by us as an enemys property and thus appropriated? I ask the question, because, if that be so, I want to know why the gentleman talks about their being “ entitled to restoration.”
Mr. ELIOT. Well, even suppose it were as the Gentfrom Pennsylvania suggests, the time might come when theyvwould be entitled to restoration. The suggestion made by the other [Ontbill! th Pennsylvania [ML am] is Well, it is very possible that one that I shall probably be very glad to avail myself of hereafter.
Mr. SMITH. Will the Gentfrom Massachusetts allow me to ask him a question?
Mr. SMITH. I desire to ask the gentleman, not because I am opposed to the bill, but for an argument on this point, what he understands or means in this bill by the term “refugees” in contradistinction to the term “ freedmen?" His answer will probably lead me to ask another question.
Mr. ELIOT. I suppose refugees to be those who are not freedmen; that is to say. those who had not been in slavery. Colored refugees may be freedmen or they may not; but refugees may be white; and when the terms “refugees” and “ freedmen” are used, I suppose the difference would be that the refugees were white.
Mr. SMITH. Then the word “refugee” applies only to whites. I would inquire further i, under this law and under the operations of the Freedmens Bureau, all white men who were not rebels and who were as oor as the negmes are entitled to the same privileges and the same protection that negroes are?
Mr. EL OT. The object of this bill is to place the refugeesthat is to say the loyal white men who have fled from their homes because of the rebellionupon the same footing with the freedmen as to the care and protection of the Government.
Mr. SMITH. I wouldask the gentleman another question. I would inquire if he has received any letters, or if it is within the knowl edreof the committee, that there are any people in Wirginia or any other of the southern States, of the white race, who are in the same condition in regard to property and the right to hold property that negroes are, and if there is as much disposition on the part of the committee to take care of them as there is to take care of the negroes? Because in the South there area large number of white people who never have owned a foot of land, who never have been in possession of any property, not even a cow or a horse, yet who have been as true and devoted loyalists as anybody else. I would like to know if the provisions of this bill are intended to embrace them and protect them, aadifthaides by the Gentfrom Pennsylvania [Mr. Sn: vENS] 513$all the property South must be confisented for the bergfit of those who live in States that have been ednsidered loyal will inure to their benefit as well as to the benefit of the people of pennsvlvania and of the black population.
Mr. STEVENS. Let me answer the gentleman. I do not suppose that all the property in the South will be confiscated. Onr conscation act contemplates the property only of those who were engaged in armed hostility to the U.S.
Mr. ELIOT. I will say to the Gentfrom Kentucky [Mr. Sinm] that there is no distinction made in this bill between the rights of freedmen and of refugees under it. they are treated alike from the 1st to the last. If the gentleman now desires to make another inquiry of me, I will ield to him.
Mr. Smith I wish to know whether the vast white population of the South who were true to the Government, and sought their homes in the hills and mountains and the valleys and caves of that country during the war, are to receive the same consideration upon the part of this House that the other class, who probably unfortunately are black, are now receiving on the part of the gentleman and those concerned with him.
Mr. SMITH. I wish to say that I do not feel inclined to oppose this bill, or to withhold complete protection from people who are colored. thinli it is our dot to protect them. I would give them all the advantages that this country can give to theni, elevate them and improve them as much as possible. But I must say if gentlemen will ailow me to do so, that the whole argument all the letters, all the sympathy, and all that is said from one end to the other is alone for the colored people, while our own race is entirel ignored.
Mr. THAYER. Will the gentleman allow me to move, or will he himself move, that these I amendments be printed?
Mr. ELIOT. I think it would be well, by general consent, to have the substitute riute.
Mr. THAYER. I move, then, at the amendments be ordered to be printed.
The SPEAKER protempore, (Mr. PIKE in the chains If there be no objection, it will be so ordere. There was no objection.
Mr. DAWSON obtained the floor. EVENING SESSION.
Mr. STEVENS. Before my colleague [Mr. Dawsox] goes on, I desire to move, with his consent, that the House meet at half past 7 oclock this evening for the purpose of allowing members to deliver speeches in ComWhole on the state of the Union upon the Presidents message, with the understanding that no other business shall be transacted. Several gentlemen desire an opportunity to speak, and I hope that there will e no objection to The SmlylpArofioEsRitiopnr. o tempore. The House has heard the motion of the Gentfrom Pennsylvania, Mr. Srnvsss] If there be no objection, it wi be so ordered. here was no objection.
Mr. STEVENS. I hope now that the House will take a recess till this evening, and have in colleague an opportunity to speak on tile bill in the morning. LAND SURVEYS IN CALIFORNIA.
Mr. BIDWELL, by unanimous consent, submitted the following resolution, which was read, considered, and agreed to: Resolved, That the SecyInterior be requestodto furnish this House With a statement showing, 1st, the amount paidby the U.S. for the survey of public lands in the State of California tsheicrodn, dh. owwhemnuscuh has usrbveeeyns of land were made; an recieved by the Governmentfrom the salesof public lands in said. State. INDEX OF EXECUTIVE DOCUMENTS.
Mr. BANKS. I ask unanimous consent to offer the followmg resolution for reference to the ComPrintg: remloed. That the Clerk of the Houso be directed to prepare a digested index of the executive documents and reports of committees of the HoRepfrom 1839to the closeof the present Conirress, to correspond with the index of the same documentsfrom the commencement of the Government to the closeof the 24thCongress.
Mr. WASHBURNE, of Illinois. I will not object to this resolution if it is offered simply for reference.
Mr. BANKS. That is all. There being no objection to the introduction of the resolution, Mr. BANKS moved that i! be referred to the ComPrintg. The motion was agreed to. NATIONAL BOARD OF TRADE.
Mr. MOORHEAD. I ask unanimous consent " to submit the following resolution: Renoloed, That the ComCommerce be requested to inquire into the expediency of establising by law aational Board ofTrade. I ask that a letter explanatory of this resolution may be read.
Mr. ELDRIDGE. I object to the introduction of the resolution. REPRESENTATIVES OF J. E. MARTIN.
Mr. POMEROY, by unanimous consent, introduced a bill for the relief of the leal reprosentatives of J. E. Martin, deceased; which was read a 1st and 2nd time, and referred to the ComForAffrs. REBEL PERSECUTIONS IN KENTUCKY.
Mr. SMITH, by unanimous consent, presented a ctition of sundry citizens of Kentucky, asking relief from persecution and mal treatment by the rebels in that State; which was referred to the ComJudiciary. HANS SEIVERS.
Mr. PRICE, by unanimous consent, introduced a JtResolution for the relief of Hans Seivers, a private in company A, 14thregiment Iowa volunteer infantry; which was read a 1st and 2nd time, and referred to the ComMilAffrs. DISTRICT JAIL.
Mr. PERHAM, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Resolved, That the ComPublic Build 1112a8nd Grounds be directed to inquire whether any further legislation is necessary to secure the comfort and safety of the inmates of the jail in the DistCol, and make their labor available, so as to rbeyd buiclleotrheotehxeprvennssee. sto the Government, and report and then, on motion of Mr. THAYER, git 5 minutes to 4 oclock p. m.) the House took a recess until half past 7 oclock p. m. EVENING SESSION. The House resumed its session at half past 7 oclock p. m., (Mr. Gaimvsnl. in the chair.)
Mr. HUBBELL, of Ohio. Mr. Speaker, it is very evident, from present indications, that the House is oin to be thin tonight. It is known to all that the president gives a reception, and I so pose that members are absent this evening or the purpose of attending it; and in order to give the few now here an o Eortunity also to attend iIt, move that the House do now adjourn. The House divided; and there wereayes 2, noes 2.
he SPEAKER protempore voted in the affirmative; and the motion was agreed to and thereupon (at 7 oclock and 33 minutes p. m.) the House adjourned.
@@@IN SENATE SENATE. Wsnxnsnsr, January 31, 1866. Prayer by Rev. Brno: Susnsaunn, D. D. The Journal of yesterday was read and approved. EXECUTIVE COMMUNICATION. The President Protemporelaid before the Senate a communication from the SecyNavy, transmitting, in compliance with a resolution of the Senate of March 9, 1865, a copy of the record of a board of Nov officers appointedto inquire into and determine how much the vessels o war and steam machinery contracted for by the Dept in the years 1862 and 1863 cost the contractors over and above the contract price and allowances for extra work; which was referred to the ComNavAffrs, and ordered to be printed.
The Secretary read the following petition: A rnrrrios ron onwsnsu. surrnsos. 1b the Senate and HoRep: The undersigned, womenof the U.S., m spectlull ask anamendment of the constitution Athat shall proibit the several States from disfranchising only of their citizens on the Ground of sex. n making our demand for suffrage, we would call your attention to the fact that we represent 15 million IYQOPIOTOHG half the entire population of the country intelligent, virtuous. native born American citizens: and yet stand outside the pale of political recognition. The constitution classesus as “free people, ” and counts us whole persons in the basis of representation; and yet are we governed without our consent. compelledto pay taxeswithout appeal, and punished for violations of law without choico of Jiidgo or juror. The experienceof all ages, the declarations of the fathers, the statute laws of our own day and the fearful revolution through which we have jnst passed all prove the uncertain tenure of life liberty, and property so long as the ballotthe only weapon of selfprotection is not in the hand of every citizen. ti oTn Threforc, asyou are now amending the Constituand in harmony With advancing civilization, placing new safeguardsround the individual rights of 4 million emancipated slaves, we ask that you extend the right of suffrage to woman, the only 1866. 519 remaining class of disfraneliised citizens and thus fulfill your constitutional obligation “to guaranty to every State in the Union a RFG. As all partial application of republican principles must everbreed a complicated legislation as well as a discontentedpeople. we would pray your honorable body, in order to simplify the machinery of Government nnd insuro domestic trauquillity, that you legislate hereafter for persons, citizens, taxpayers and not for CI"!!!01caste. For jnstice and equality your petitioners will over pray.
Mr. LANE, of Kansas. The committeethat is considering the subject of extending the right of suffrage to the blacks, the male blacks of the U.S., it seems to me is the properone to which to refer the petition of the white women of the U.S. upon that subject. Itherefore move that the petition be referred with a letter that I have ere and now send to the desk, to the JtComReconstruction. The motion was agreed to.
Mr. SUMNER. I offer the petition of Robert Mr. Collier, a citizen of Virginia, residing at Petersburg, who asks Congress to pass an act by virtue of which the State in which he resides, Virginia, may be authorized to elect members of Congress, so that the State may be restored to her former practical relations to and in the Federal Union; and also that it may be relieved of the socalled civil State government which the people did not inaugurate, and the enactments of whose Legislature the military power overrides and sets at naught. This is a petition from a single citizen, but one of considerable eminence in his State, and who by his writings has latterly done much to illustrate the relations between the States and the national Government. I move its reference to the JtComReconstruction. The motion was a need to. Mr. SUMNER. also offer the petition of William Cornell Jewett, in which he sets forth that he has been opposed to the freedom of the slave, but now maintains that if free as a result of the war and by common consent, the colored free man is upon an equality with the white man, and he calls upon Congress by appropriate legislation to see that that principle is enforced. move the reference of this to the JtComReconstruction. The motion was agreed to means WITHDRAWN. Mr. CLARK. I ask that Lemuel Worster have leave to withdraw his papers from the files of the Senate, with the view of presenting them in the HoRep, where he has for a pension, there having been no a verse report, but on the contrary a favorable report. cave was granted. On motion of Mr. FESSENDEN, it was for ordered, That the petition of J. S. Merrill, praying a settlement of his account mas r and commissary of the 5th revolunteers, on the files of the Senate, 0referredto the ComMilAffrs . REPORTS OF COMMITTEES.
Mr. DIXON, from the ComPostOffices, to whom was referred the memorial of A. T. Spencer and G. S. Hub bard, of Chicago, praying for compensation for services performe in carrying the mails on their line of steamers between Chicago and the ports on Lake Superior, reported a bill (S.No.114) for the relief of A. T. Spencer and Gurdon S. Hubbard; which was read, and passed to a 2nd reading.
Mr. LANE, of Indiana, from the ComPensions, to whom was referred the petition of Jane W. Nethaway, praing for anal owance of back ay and bounty claimed to be due her late bus and, and also to be allowed a eusion, ryefiorted I abill (S.No.115) for the relic of Jane. N othaway; which was read, and passed to a 2nd reading. 110 also, from the same committee, to whom was referred a petition of citizens of Osage county, Missouri, praying that a pension be granted to Parellee Howertoii, widow of Stern V. Howerton, who was killed by the rebels. during Prices raid in that State in October, 1864, reported adversely thereon. He also, from the same committee, to whom was referred the)etition of Sophia Schemmel fining, widow of (ion eral Alexander Schemmel fiiinig, praying for an increase of pension, reported adversely thereon. He also, from the same committee, to whom was referred the petition of widows of Navy officers, praying or an increase of pension, reported adversely thereon. e also, from the same committee to whom was referred a petition of citizens of llegheny county, Pennsylvania, praing that pensions may be granted to the sufliirers by the ex10sion at the Allegheny arsenal on the l7t of september, 1862, reported adversely thereon. e also, from the same committee, who were instructed by a resolution of the Senate of the 26th instant to inquire into the expedien of granting pensions to the widows and mine r children of enlisted men who were enlisted or detailed as artificers, reported a bill (S.No.116) to extend the benefit of the eusion laws to artificers; which was read, an passed to a 2nd readin.
Mr. TRUMSULL. The ComJudiciary, to whom was referred the petition of citizens of the U.S., raing that each common school in the Union he fiirmshed with the Presidents annual messageand accompanying documents, have instructed me to report it back to the Senate with a recommendation that the ComJudiciary be discharged from its further consideration, and that it be referred to the ComPrintg, which is better capable of judging of the expense of furnishin these documents to all the common schools of the country than any other committee. The report was a eed to.
Mr. TRUMBULL. The same committee, to whom was referred the bill (S.No.6) sup! plying appropriate legislation to enforce the amendment of the constitution prohibiting slavery, have instructed me to report it back to the Senate, with a recommendation that it be indefinitely postponed. The committee have reported upon that subject, and a bill is now pending before the Senate embracing the subject matter of this bill.
The PRESIDENT protempore the question is on the indefinite postponement of the bill reported from the ComJudiciary.
Mr. SUMNER. 4What is the bill? Let the title he read.
The Secretary read the title as follows: A bill supplying appropriate legislation to enforce the amendment to the constitution prohibiting slavery.
The PRESIDENTproIem ore. Isthe Senate ready for the question on the indefinite post ponement of the bill?
The PRESIDENT proiempore. The report will lie over, objection being made to its present consideration.
Mr. TRUMBULL. The same. committee, to whom was referred the bill (S.No.19) to war rant and confirm the land titles of grantees under the field orders of Major GenlSherman , at Savannah, Januar 16, 1865, have instructed me to report it baer With a recommendation that it be indefinitely postponed, as the Senate has already acted on t iat subject. If there be no objection, I ask for present action on the report with a view to have the bill removed from the Calendar. The report was agreed to; and the bill was postpone indefinitely.
Mr. TRUMBULL. The same committee, to whom was referred the bill (S.No.65) to maintainand enforce the freedom of theinhabitants of the U.S., have instructed me to make a similar report in reference to that bill, the subjectmatter of it being embraced in other bills upon which the Senate has acted or which are now pending before it. The report was concurred in; and the bill was indefinitel postponed., Mr. VANW11 KLE, from the ComPensions, to whom was referred the memorial of John Baird, mine r heir of Cornelius Baird, and others, rayin for a bounty land warrant of 160 acres for services in the war of 1812 asked to be discharged from its further consideration, and that it be referred to the ComIndAffrs; which was agreed to.
Mr. WILLEY, from the ComDistCol, to whom was referred a bill (S.No.44) to incorporate the National Protection Insurance coman of the DistCol, asked to be discharged from its further consideration; which was agreed to.
Mr. MORRILL. The ComDistCol, to whom was referred a bill (S.No.42) to amend an act to incorporate the Guardian Society and reform juvenile of fenders in the DistCol, approved July 1, 1862, also to amend an act granting certain privileges to the Guardian Society, approved une 30, 1864, have instructed me to report it. back and to move that it be indefinitely postponed. The motion was agreed to.
Mr. NORTON, from the ComClaims, to whom was referred the petition of Captain F. A. Patterson, late of the 3rd Virginia cavalry, praying for compensation from the date of his commission until the time his regiment was mustered into the service, submitted a report accompanied by a bill (S.No.117) for the relief of F. A. Patterson, late captain of the 3rd Virginia cavalry. The bill was read and passed to a 2nd reading, and the report was ordered to be printed.
Mr. DOOLITTLE, from the ComIndAffrs, to whom was referred the report of the SecyInterior, communica tin, in obedience to law, copies of accounts of In ian agents Harlan and Snow, of the southern superintendency, for the 1st quarter of 1865, reported it back, with a recommendation that the report of the SecyInterior and accompanying papers be printed; which was agreed to. He also, from the same committee, to whom was referred the report of the SecyInterior, communicating copies of the accounts of the superintendentand agents having charge of the Creeks, Chickasaws, Semine les, and “r i chitas for the 2nd quarter of the year 1866, reported it back with a recommendation that it be printed; which was agreed to. He also, from the same committee, to whom was referred the report of the SecyInterior, transmitting copies of the accounts of the superintendent and agents having in charge the refdgee Creeks, Choctaws, Chickasaws, and Semine les, for the 1st quarter of 1865, reported it back with a recommendation that it c. printed. he report was agreed to. REVENUE COMMISSION REPORTS.
Mr. ANTHONY. I am directed by the ComPrintg, to whom was reerred the resolution to print 5,000 copies of the revenue commission for the use of the senate, to report it back without amendment, and recommend its passage. I ask for its present consideration. There being no objection, the resolution was considered, and agreed to, as follows: Resolved, That 5,000deopiesof the general and special refportsof the revenue commission, exelusiveof the ormsof bills accompanying the same, be printed for the useof the Senate. VOTE 01"THANKS TO ADMIRAL FARRAGUT.
Mr. GRIMES. I am instructed by the ComNavAffrs, to whom was referred the JtResolution (S.R. No. 25) tendering the thanks of Congress to Vice Admiral David G. Farragut and to the officers, petty officers, seamen, and marines under his command, for their allantry and good conduct in the action in Mobile bay on the 5th August 1864, to report it back without amendment, an with a recommendation that it ass. I presume it be quite agreeable to o Senate to pass this JtResolution through its various stages at once and I therefore move that the Senate proceed to its consideration. 520 January 31,
The PRESIDENT protem ore. It requires unanimous consent to cousiderthe resolution on the day it is reported. There bein no objection, the Senate, as in Committee ot the Whole, proceeded to consider the JtResolution, which declares that the thanks of Congress are eminently due, and are hereby tendered, to Vice Admiral David G. Farragut of the U.S. Navy, the officers, petty officers, seamen, and marines under his command, for the unsurpassed gallantry and skill exhibited by them in the engagement in Mobile bay, and for their long and faithful service and unswerving devotion to the cause of the country in the midst of the greatest difficulties and dangers. The POTUS is to communicate this resolution to Vice Admiral Farragut, and the SecyNavy to the officers, seamen, and marines of the havy by a general order of his Dept. the jtResolution was reported to the Senate without amendment; orderengross for a 3rd reading, read the 3rd time, and passed. BILLS INTRODUCED.
Mr. WADE asked, and by unanimous consent obtained, leave to introduce a bill (S.No.113) in relae on to public highways; which was read twice y its title, and referred to the ComTerritor.
Mr. ANTHONY asked, and by unanimous consent obtained, leave to introduce a bill (S.No.118) to regulate suffrage and elections in the DistCol which was read twice by its title, and referred to the ComDistCol.
Mr. LANE, of Kansas, asked, and by unan imous consent obtained, leave to introduce a bill (S.No.119) granting lands to the Leaven worth, Lawrence, and hurt Gibson Railroad Company to aid in extending their railroad and telegraph line from the southern boundary of Kansas to the northern boundary of Texas, in the direction of Galveston bay; which was read twice byits title, and referred to the ComPacificRR.
Mr. STEWART asked, and by unanimous consent obtained, leave to introduce a bill (S.No.120) to grant one million acres of public lands for the benefit of a mining college in the State of Nevada; whichwas read twice by its title, and referred to the ComPubLands.
Mr. DOOLITTLE asked, and by unanimous consent obtained, leave to introduce a bill (S.No.121) to provide for the enlargement of the Winnebago reservation in the Territory of Nebraska, and for other purposes; which was read twice by its title, and referred to the ComIndAffrs.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. MCPHERBON, its Clerk, announced that the House had passed the following bills and JtResolution, in which it requested the concurrence of the Senate: Abill (H.R.No. 154) to furthersecure American citizens certain privileges under the treaty of Washiii ton; A bill (. Mr. No. 184) to authorize the sale of marine hospitals and revenue cutters; and A Jtresolution (H.R.No. 51) proposing to amend the constitution of the U.S. SALE OF STAMPS and ENVELOPES.
Mr. DIXON. I believe Senate bill No. 71 is the order for the morning hour.
The PRESIDENT profempore. It is the unfinished business of pthe morning hour.
Mr. DIXON. I should be glad to have that. bill taken n at this time. The PR SIDENT protampon. The nestion is on the motion of the Senfrom on necticut to take up the bill No. 71. The motion was agreed to, and the Senate, as in ComWhole, resumed the consideration of the bill (S.No.71) relative to the sale of posta e stain s and stamped envel opes on credit, t a pen 3 question being on the amendment reported from the ComPostOffices to insert after the word “re 11I1C(” in the 4th line of the 1st section the words “until the 30th day of June, 1868.”
The PRESIDENT protemore. On this question the Senfrom Nevada is entitled to the floor.
Mr. NYE. The bill has been modified since yesterday, and I ask for the reading of the bill as modified.
The PRESIDENT profempore. It is impossible that the bill should have been modified except by the Senate.
Mr. NTE. Is there not a proposed modification?
The PRESIDENT protempore The question now is on the amendment proposed by the committee to the 1st section of the bill, and upon that question the Senfrom Nevadais entitled to the floor.
Mr. POMEROY. The chairman of the committee has prepared a modification of the bill as an amendment.
Mr. DIXON. I propose to withdraw the amendment which was pending before the Sea ate, and to offer in lieu of it a substitute for the entire bill, which I believe will receive the assent of the Senfrom Nevada. I ask leave to withdraw the ending amendment. The presDENT protempers. The senator, by direction of the committee, can with draw the amendment. The amendment having been reported by the committee, if the committee request that it be withdrawn it can be with drawn. It is under control oft a committee.
Mr. DIXON. I have the assent of the committee for that purpose.
The PRESID i protempore. The amendm ent, then is withdrawn.
Mr. DIXON. I now propose, by the assent of the committee, the followrng as a substitute for the entire bill, striking out all after the enacting clause and inserting: That the Postmasterfiericral be and he is hereby. authorized. wh. enevsr iuhis o lnion the public service shall require. until the 30t day of J mm. 1868t, o deposit postagestamps and stamped envelopeswith such personsashe may selectfor sale. The persons with whom stampsandstamped envelopesare so deposited shall engageto sell and circulate the same underthe instructions of the PostmastnrGeneral and shall give bond in such sum as the PostMGenl maydirect. with oneormoro suretmsmonditionod for the faithful keeping of the stamps and stamped euvelo csso intrusted to them and for the payment to the 0st Otiico Dept. in such manner asdirectedby the PostMGenl, of themoneysarising from the sale thereof. no. 2. Abife:, That the PostMGenl may allow to any such depositaries, under the provisions of this not. a commission not exceeding ve%. on all sales of stamps and stamped envelopes by them made and the Auditor of the Treasury for the postoffice Dept shall audit and settleallsuih accounts. such persons shall be deemed receivers and custodiansof public money. They shall not sell stampsor stanipe envelopeson credit. but shall sell them invariably for coin or U.S.sTreasury notes, and at a price not exceeding the pricoof such stampsand stamped envelopes as provided by law. Theyshall be suhicct to all the gains, penalties, fines, and forfeitures now provided y law in casesof receivers and custodiansof public money and of postmastersand other personsto whom the saleofstamps and stamped envelopesis intrusted.
Mr. CLARK. I think that bill had better be laid over until tomorrow, and printed, so that we can see whatis the etTect of is amendment. It is equivalent to a new draft; and it is very difficult to understand it as it is without seeing it in print.
Mr. CONNESS. It only changes it in a few words.
Mr. CLARK. I understand there is no objection to this postponement on the part of the chairman. I move that the bill be postponed until tomorrow, and that the amendment be printed. The motion was agreed to. HOUSE BILLS REFERRED. The following bills from the HoRep Were severally read twice by their titles, and referred as indicated below: A bill (H.R.No. 54) to further secure American citizens certain privileges under the treaty of Washingtonto the ComForRel. A bill (H.R. No.184) to authorize the sale of marine hospitals and revenue cuttersto the ComCommerce. The JtResolution (H.R.No. 61) proposing to amend the constitution of the U.S. was read twice by its title.
Mr. GRIMES. I move that the resolution lie upon the table for the present. The motion was agreed to. BONDED WAREHOUSES.
Mr. SPRAGUE. I move the postponement of all prior orders, and that the Senate proceed to the consideration of House bill NO. 135, to extend the time for the withdrawal of goods for consumption from public store and bonded warehouse, and for other purposes. This bill passed the HoRep, was referred to the Senate ComCommerce, was reported favorably, and passed the Senate, and by my motion to reconsider remains in the Senate.
The PRESIDENT protempore It is moved that the Senate proceed to the consideration of the bill named by the Senfrom RhdIsland, the motion on which it is pending being that the Senate reconsider its vote on the passage of that bill.
Mr. MORGAN. I desire to inquire of the Chair whether that motion is now in order.
The PRESIDENT proten: are. It is in order to take up the subject. “lic question is, will the Senate now take u the subject indicated by the Senfrom RhdIsland; that is, will the Senate now proceed to the consideration of the motion to reconsider? The motion to reconsider was entered some days since, on the 213thof January, as the record shows. On the same day that the bill was passed the motion to reconsider was entered. A motion now to take up that subject is in order. The motion was agreed to; and the Senate proceeded to consider Mr. SPRAGUBs mtRtv the bill (H.R.No. 135) to extend the time for the withdmivnl of goods for consumption from public store and bonded warehouse, and for other purposes, was passed.
The PRESIDENT protempore The morning hour having expired, it becomes the duty of the Chair to call up the unfinished business of yesterda.
Mr. ATITHONY. I hope that the Senfrom Illinois who has charge of that bill will allow the order of the day to lie over until my colleague shall have finished his remarks.
Mr. TRUMBULL. I have no objection if this matter will not take long.
Mr. SPRAGUE. I shall only occupya few moments longer .
Mr. TRUMBULL. Then I have no objection to the special orderbeing laid asideinform all.
The PRESIDENT protempore The unfinished business of yesterday Wlll be laid aside by common consent.
Mr. POMEROY. I have only had my at tention called to this bill quite recently; but it occurs to me that we ought not to make a law deranging the adjustment which the ComFinance sn posed they had fixed in the bill of last year, at east without their consideration.
Mr. TRUMBULL. I hope that this bill will be laid aside and
Mr. FESSENDEN. If my friend will excuse me for a moment, I think I can makea suggestion which will perhaps be agreed to, and save any further trouble on this bill. be PRESIDING OFFICER, ((
Mr. FO01 in the chair.) Does the Senfrom Illinois yield to the Senfrom Maine?
Mr. TRUMBULL. Yes, sir. Iwas merely going to call for the order of the day, with a view of getting rid of this matter, as it is likely to lead to a long debate.
Mr. FFISSENDEN. I do not know, sir, but that this bill is all right. I wish to state, however, that when it passed I had not read it. The question came u here about referring it to the Committee on ommerce, and it struck me at the time that it ought to go to the ComFinance; but that direction being given to iIt, said it might as well go there. At that time Iwns under the impressionI was toldthat it simply provided a remedy for certain persons who had by accident omitted to with raw their goods for consumtion within the time limited by the law and wished to do so. On looking at it, however, I find that it contains other prowsions, and quite material provisions, it may be. I have not looked at them, nor have the ComFinance; and I suggest to my friendfrom NewYork whether it would not be as Well to let it be reconsidered and go to the ComFinance. We can then consider it, and if the bill is all right we can report it back in a short time.
Mr. MORGAN. I prefer not to have it reconsidered and referred.
Mr. FESSENDEN. Then, instead of continuing this matter longer today. I think it might as well go over, in order that we may have an opportunit of examining it.
The PRESIDIN OFFICER. The regular order of the day having been suspended by common consent, it is subject to the call ofany member of the Senate, and objection being made to the further consideration of the pendin question, the regular order of the day is be ore the Senate.
Mr. SPRAGUE. I desire to say one word on this question prior to its oing over, and I will ask the indulgence of the Senfrom Illinois for just one moment.
Mr. TRUMBULL. The Senfrom RhdIsland sees that the Senfrom Kansas [Mr. POMEROY] has the floor, and if any Senator is allowed to go on others will insist on speaking. This matter will come 11 again.
Mr. POMEROY. I o not insist on occupying the floor today.
The PRESIDING OFFICER. The regular order of the do is now before the Senate, being Senate bill o. 61. PROTECTION or own. moms. The Senate, as in ComWhole, resumed the consideration of the bill (S.No.61) to protect all persons in the U.S. in their civil rights, and furnish the means of their vindication.
The PRESIDING OFFICER. The pending nestion is on the amendment/of the Senfrom Kansas [Mr. LANE] to the amendment of the Senfrom Illinois
Mr. Tarxnmm] to the 1st section of the bill, and upon that nestion the Senfrom Kentucky [Mr. DAVIS is entitled the floor.
Mr. ANE, of Kansas. If the Senfrom Kentucky will allow me, I desire to withdraw my amendment to the amendment, and to offer another in lieu of it.
The PRESIDING OFFICER. It is competent for the Senator to do so, no action hav in been taken u n it.
Mr. LANE. o Kansas. Then I withdraw the amendment to the amendment, and in lieu of it move to amend the amendment bvinseiiing after the word “Power” the wor s “ and Indians boldin lands in severalty by allotment.” With the consent of the Senfrom Kentucky, I will state to the Senate the evil that m amendment is intended to cure.
The PRESIDING OFFICER. The Senfrom Kentucky is entitled to the floor.
Mr. DAVIS. If it does not occupy too much time, I will yield.
Mr. LANE, of Kansas. I will not insist upon laining it now.
Mr. DAVIS. I propose to give way if the Senator wishes to exp n it.
Mr. LANE, of Kansas. I can do it at some other time.
Mr. Trumbull. Will the Senfrom Kentucky allow me to ask him if he means to assert that negroes were not citizens of an of these colonies before the adoption of the constitution?
Mr. DAVIS. I will come to that presently.
Mr. TRUMBULL. I understood him to assert that they were not citizens when the Constitution was adopted in any of the States, and to challen lecontradiction.
Mr. TRUMBULL. Does the Senator wish any authority to show that they were? If he does, I will state to him thatI have before me
Mr. DAVIS. When I get through you can answer me.
Mr. TRUMBULL. I understood the Senator to challenge me to produce any proof on that point, and I thought he would like to have it in his speech. I can assert to him that by a solemn decision of the supreme court of NCarolina they were citizens before the adoption of the constitution.
Mr. DAVIS. If the honorable Senator will allow me, I will get along with my remarks.
Mr. TRUMBULL. I think you will get along better by not being exposed in your statements.
The PRESIDING OFFICER, (Mr. Foor.) The question is on the amendment moved by the Senfrom Kansas [Mr. LANE] to the amendmentmoved by the Senfrom Illinois, [Mr. Tnuusurm.
Mr. TRUMBULL. I trust that amendment of the Senfrom Kansas, as now offered, will not be adopted.
Mr. POMEROY. I would inquire whether the amendment has been modified.
Mr. TRUMBULL. He withdrewhis other amendment and offered one which perhaps the Secretary had better read.
The SECRETARY. It is proposed by the Senfrom Kansas to insert, all or the word “power, ” the words “and Indians holding lands in severalty by allotment;” so as to make the damendment of the Senfrom Illinois rea: That all personsborn in the U.S., and not subject to any foreign Power, and Indians holdin lands in scveralty by allotment. are hereby declare to be citizens of the U.S.
Mr. TRUMBULL. I do not think it will do to adoptthatamendment as offered. It aplies to Indians holding lands by allotment. They may hold them all through the Cherokee nation; they may hold them outside of the organized jurisdiction of the U.S. in the Indian country. I think it would be unsafe to adopt such an amendment. I have no objection to the amendment in the form in which it was 1st proposed by the Senfrom Kansas, to exclude from naturalization all Indians who owe allegiance to anv tribal authority. I trust, however, the amendment will not be ressed upon this bill. It is intended by the Senfrom Kansas to reach a few Indians in that State. I have no objection to their being made citizens, butl trust it will be done in some separate bill, so as not to embarrass this General proposition.
Mr. POMERQY. I do not know but that the amendment may be too farreaching, as the Senator suggests. The policyflvhich the Government has adopted for a few years past is to separate some Indians who are competent and civilized from their tribes by giving their allotments in severalty. That policy has been adopted in my State, and that class of Indians should be citizens. I do not care whether they are made citizens by this bill or some other; but it is a ver good revision so far as it relates to the In ians with whom I am acquainted. It may, as the Senator suggests, atfect Indians in other sections of the country whom it should not reach. I do not know that fact. I would not myself press the amendment on this bill, for I would not embarrass the bill in any way. Still I think the amendmentshould be adopted in substance somewhere, because as it now I. these persons who have their loads to savor 526 January 3 l, nity and are to all intents and purposes citizens so far as owning property and doing business are concerned, escapeal the responsibil ities of citizens. Not being citizens under the law, we cannot tax them.
Mr. JOHNSON. Can you not tax their lands 7
Mr. POMEROY. No, sir. We have had the question in the courts of our State ever since we have been a State; they have decided some times one way and sometimes the other, and now it has finally one is the Supreme Court.
Mr. JOHNSOL. Xou have clearly the right to tax property within the State.
Mr. OEIEROY. But in the treaties with the Indians it was provided that the Indian lands should not be taxed, and that they should not be incorporated within the limits of any State. All these questions have been argued in the courts, and it has been generally held that the lands cannot be taxed, although the supreme court of my State at its last term did hoId that they were subject to taxation. To settle the whole matter, I should be very laid to have a provision of this kind in some ill. If the Senfrom Illinois thinks it will embarass this bill, I would not press it here.
Mr. TRUMBULL. I hope it will not be ressed here.
Mr. JOHNSON. I am requested to say by the Senfrom Kansas, who offered this particular amendment, that it would be very agree able to him to have the Senate postpone action upon it until he could return to the Chamber, he having been called away a short time since on business, expecting to be back in about an hour.
Mr. TRUMBULL. There will be an opportunit to offer it again in the Senate. I hope it will not be adopted now. We are in comWho e, and if the Senator desires to have a vote upon the question in the Senate, he can offer the amendment again.
Mr. POMEROY. I think we had better vote on it in the Senate when my colleague is in his seat.
Mr. TRUMBULL. Does the Senator feel authorized to withdraw the amendment? If not, I ask that a vote be taken upon it.
Mr. POMEROY. I would rather have it withdrawn now, and then let us have the vote taken on it in the Senate when it is offered again.
The PRESIDING OFFICER. No person is competent to withdraw an amendment in the absence of the mover. It must be disposed of by vote of the Senate.
Mr. TRUMBUIJL. That vote now deter mines nothing; the amendment can be offered again in the Senate.
Mr. JOHNSON. I am not sure that I am not authorized to withdraw the amendment from what the Senfrom Kansas said to me. He did not exactly authorize me to withdraw the amendment, but he expressed the wish that there should be no vote taken upon it in his absence and if that cannot be avoided except by withdrawing the amendment, I think I am authorized to ask permission of the Senate in his behalf to with raw it.
Mr. POMEROY. It can be offered again in the Senate even ifvoted down now.
Mr. JOHNSON. I know, but then there is a vote against it.
The PRESIDING OFFICER. In the opinion of the Chair the mover of a proposition cannot authorize another person to act in his stead to withdraw it. That can only be done by the mover himself, or by vote of the Senate.
Mr. TRUMBULL. We can pass upon the amendment and reject it without a division. That does not prejudice it or affect it at all when offered a sin in the Senate.
The PRESIDing OFFICER. The Chair wrll put the question on the amendment to the amendment.
Mr. HENDERSON. It struck me yesterda while we were speaking of the original amen neut offered by the Senfrom Kansas, who Is not present that it accomplished all that he and lthinknowthao um lithe H Senaflor from Illinois who has charge of this bill has no objection to it, I suggest that we adopt the amendment in the form in which it was presented yesterday.
Mr. TRUMBULL. That is the very thing thatI proposed before.
Mr. HIENDERSON. I think the Senators objections are perfectly good against the amendment as it now stands, t ough I dilier from him in his construction of the amendment as presented yesterday. I think that when an Indian withdraws from the tribal authority, according to the amendment of the Senfrom Kansas as offered yesterda, and purchases land, and lives so. arate and tree from the tribal authority, he won (I become a citizen although he may have grown to the years of manhood under tribal authority. I think the amendment will accomplish that purpose, and ifthe Senfrom Mary Ihnd has authority to act in the premises, I suggest that he with row the amendment as it now stands and then offer it in the other form, or is it now in order to move it in that form?
The PRESIDING OFFICER. The bill is now before the Senate as in ComWhole. After it shall have been reported to the Senate it will be open to further amendm ent, and this proposition may be again moved.
Mr. POME OT. The amendment itselfas it now stands is an amendment to an amendm ent, and therefore a further amendment is not now in order.
Mr. HENDERSON. We can vote down the amendment to the amendment, and then adopt the other amendment to which I have referre, and I suggest that that course be adopted. The amendment to the amendment was rejected.
The PRESIDING OFFICER. The question recurs on the amendment moved by the Senatorfrom Illinois.
Mr. POMEROY. I move now to amend the amendment by inserting the same language which was proposed by m colleague yesterday. I move to insert the wor s “ tribal authority” after the word “Power.”
Mr. TRUMBULL. There is no objection to that.
Mr. JOHNSON. That will not aceom lish the purpose, as I think. These persons who old lands in Kansas went there long subsequentto their birth, as I suppose, and they were born subject to tribal authority. As I understand the amendment, if adopted in the shape in which it is now proposed, no Indians that were born subject to tribal authority, no matter what maybe their present condition, will be made citizens. If the word “now” were inserted before the word “subject, ” perhaps it would answer the purpose. I e PRESIDING OFFICER. As this is an amendment to an amendment, it is not open to a 3rd proposition of amendment. The question must be taken upon the words as moved by the mover.
Mr. GUTHRIE. I think that when paperson who is not a citizen becomes a citizen of the U.S. there is an obligation on each side. When a foreigner becomes a citizen we have been in the habit of requiring his assent and application to the assumption of the respon sibilities of a citizen. Now, the intention obviously is to extend the list of citizens further, without asking the assent of the persons over whom you propose to extend these responsi bilities. I o not think that is exactly properlegislation. In the case of foreigners we require them to aply to the courts, and declare on oath their Willingness and desire to become citizens. I am not willing to vote to impose the duties of citizenship upon these persons without theirconsent. ere is a provision that Indians shall become citizens of the U.S. without their consent or the consent of those exercising authority over them. I cannot consent to impose citizenship and its liabil ities and responsibilities upon a people without their assent.
Mr. POMEROY. The argument of the Senfrom Kentucky [Mr. GUTKBHg aplies with equal forco to the whole bill. o to 4 conferring citizenship upon the Indian because the Indian has not consented to it. That argument will apply with equal force to the whole bill. It proposes to make citizens of the colored people of this count. It isan actoflegislation in rerd to which they have not been consulted. f the objection applies with any force against the Indian it does against the negro, and all the provisions of the bill relating to him. But, sir, I apprehend that the bill will be found to accomplish its purse in reference both to the negro and the In ian. There is no reason why the 2 should be separated. so far as their relation to the Government is concerned, except in regard to such Indians as have tribal relations, and are responsible and amenable to a government of their own.
Mr. CONNESS. I wish to suggest that under the amendment proposed in reference to In didns, the Indians under the control of the U.S. upon the public reservation which are maintained by the U.S. for their care and support would thus be made citizens of the U.S. They certainly would under the amendment as it now stands. with the further amendment proposed by the Senfrom Kansas; and certainly that cannot be contemplated. We have in the State of California public reservations upon which the Indians are gathered in considerable numbers. The have no capacity for citizenship and there won d be no propriety in extending citizenship to them, but it would be a great public evil an wrong. They are entirel under the control and disposition of the U.S and its officers; the}; are not under the direction of any tribal authority whatever. They are not excepted by the amendment, and would become citizens if they were born in the U.S. They must be excepted also, for that portion of them that live in California, commonly known as Digger Indians the term applied to describe their tribeis erha the lowest class known of Indians, an uttery and totally unfit to become citizens, apart from their being taken care of by the Government. The Senfrom Kansas will perceive on the rereading of the amendment that they would be made citizens.
Mr. POMEROY. I was not aware that there were any Indians on reservations that had no tribal authoritv or no tribal organization.
Mr. POMEROY. Those that I am acquainted with have always had an organization of their own. If the have no organization I cannot understand what officers of the U.S. are over them. We send Indian agents to the tribes, but always where they have an orgauization. I have never known an officers of the U.S. to have contro over Indians without an organization.
Mr. CONNESS. The Superintendent of Indian Affairs and his agents and employee s have control of them. These Indians are brought in and placed upon reservations. They are out off from all connection with their tribes. The tribes are not allowed to have any connection whatever with them. They are in all respects subject to the authority of the agents of the Government.
Mr. POMEROY. Have they no chiefs, no by and s?
Mr. CONNESS. No, sir; there is no such thing known.
Mr. POMEROY. I do not know anything about that case.
Mr. CONNESS. Theyhave no competency for citizenship.
Mr. RAMSEY. The people of Minnesota, recognizing the remote possibility of an Indian being qualified for citizenshi, have made provision their constitution that Indians having acquire the habits of white men, derisively sai to be “ the wearin of breeches and drinking whisky, ” may be a mitted by the courts to citizenship. I am not aware, owever, that there is anyone instance of the exercise of this power by our judiciary. This matter of tribal government is a very loose and illdefined thing, and ilaw to be practical should be more 1866. 527 Then, again, Mr. President, there have been Iar e numbers of roving Indians on our frontier, amIthey were the most mischievous of the race, that were outlaws, refugees from all tribal authority, and recognized no such authority. under this amendment of the Senfrom I line is, if it become law, these most obnoxious of all Indians would be admitted to the inestimable privilege of citizenship, a thin, of course, not desire by any member of the Senate, and most odious to the people of the frontier States and Territories. Mr. President, should this amendment to the amendment be rejected, I will then, to meet this difficulty, propose to add these words, ” or Indians not a mitted to citizenship by the laws of any of the States.” My object is to exclude all Indians from citizenship except such as the laws of anyone of the States elevate to such a status.
Mr. TRUMBULL. I should be very glad to accommodate our friends who feel some interest in regard to the Indians located in their respective States, but the Senate will erceive how difficult it is to accommodate the ifferent interests that are represented here. The Senfrom Kansas desires that the Indians who have so far separated from their tribes as to have lands set apart to them severally shall be declared citizens of the U.S. The Senfrom California desires that the Indians in his State who are placed upon reservations and are not under tribal authority, as I understand him, should not be citizens. He thinks that they have not so far withdrawn from their wild relation, being fugitives or refugees, as they are described by the Senfrom Minnesota, that they can properly be declared citizens. Now, I should be very glad if onrfriends would not embarrass this general bill with provisions in regard to this particular class of persons. Let them be legislated for specially. Of course we cannot declare the wild Indians who do not recognize the Government of the U.S. at a 1, who are not subject to our laws, with whom we make treaties, who have their own regulations, whom we do not pretend to interfere with or punish for the commission of crimes one upon the other, to be the subjects of the U.S. in the sense of being citizens. Theyymust be excepted. The constitution of the U.S. excludes them from the enu meration of the poulation of the U.S., when it says that ndians not taxed are to be excluded. It has occurred to me that perhaps an amendment would meet the views ofriill Gentlemen, which used these constitutional words and said that all persons born in the U.S., excluding ndians not taxed, and not subject to any foreign Power, shall be deemed citizensyof the U.S.
Mr. TRUMBULL. But I do not know that that would meet the view of the Senfrom Kansas.
Mr. POMEROY. I do not know but that it would. All that we ask is that those who are taxed shall be citizens.
Mr. CONNESS. Then that will meet the views of all.
The PRESIDING OFFICER. The question is on the amendment moved by the Senfrom Kansas to the amendment moved by the Senfrom Illinois.
Mr. CONNESS. I suggest to the Senfrom Kansas at present to withdraw the amendment, and the matter can be considered and acted upon in the Senate. Then we shall undoubtedly be able to adjust the language to suit all parties.
Mr. POMEROY. I shall be very lad not to embarrass the bill at this stage, an I with draw my amendment to the amendment with the understanding that I shall move it a in in the Senate after we have matured the biglI.
The PRESIDING OFFICER. The amendment to the amendment bein withdrawn, the question recurs on the amendment to the 1st section of the bill moved by the Senfrom Dhnou. It will be the right of the Senfrom Kansas, understanding or no understand in, to move his amendment in the Senate.
Mr. TRUMBULL. I will move to insert these words in the amendment pendin I think they will perhaps meet the views of a l gentlemen ““excluding Indians not taxed, ” a r the word power.”
The PRESIDING OFFICER. Does the senator so modify his amendment?
Mr. TRUMBULL. I will so modify it that it will read “that all persons born in the U.S., and not subject to an foreign Power, (excludin Indians not taxed, are hereby declared to e citizens of the U.S., without distinction of color.”
The PRESIDING OFFICER. The Senator has a right to modi his amendment, and the question is on it as t us modified.
Mr. HENDRICKS. Is itcom etent for the Senfrom Illinois to make that a part of his original amendment?
The PRESIDING OFFICER. It is come tent for the Senfrom Illinois to modify is own amendment.
Mr. HEN RICKS. I should object to it if I had the power to do so. I do not like to see the right of citizenship depend on the question whether a man is taxed or not. I do not know that that has ever been done in any Government. Citizenship is a very high right. It is the right to be considered a meniberof the political community and for us to say that Indians or anybody else shall be citizens or not citizens, dependent upon the question whether they pay taxes, is certainly a very objectionable proposition. I do not intendto discuss this proposed amendment to the bill. I rose mainl to suggest to the Senfrom Illnois that he adbetterleave out those words. This is a bill fora particular purpose, as I understand from him; to accomplis what he thinks is required b8 the 2nd section of the amendment to the constitution. That 2nd section certainly does not require that we shall now define citizenship. The discussion thus far has satisfied me that it is a very difficult thing to do so. The framers of the constitution did not undertake to do it; the legislators of the Government up to this time have not undertaken it; and an examination of the works upon the subject, and of those that treat incidentally of the subject, satisfies me that it is a difficult thin to define citizenship. I do not want to see it c eapened in this country. In times past, to be called an American citizen was a very proud title. Now, if we are going to change it, if we are going to extend it to Indians, who have never been regarded as citizens, I think we should do it in a separate bill where the whole subject can be fully considered. It is not germane to this bill, and I suggest to the Senator that he will avoid trouble himself in the management of his bill and relieve the Senate from embarrassment by leaving it off the bill alto ether.
Mr. HENDRICKS. I have no desire that the savage Indian shall be declared a citizen of the U.S. I have no desire that any Indian shall be declared acitizen of the U.S. I do not think he is now; and I do not think we ought to make him such. I thinklie is not, because 2 of the most learned of our AttyGens have so decided when the question was submitted to them, that he is not acitizen of the U.S. The clause of the constitution to which the Senator has referred has nothing to do with the question of citizenship, and therefore he cannot use it in reply. It is on a question of taxation and Representation, what the basis of each shall be. My objection is to his proposition of making property a test of citizenship. If it is right in regard to the Indian, why is it not right in regard to the African, and then why not right in regard to the white man? What the Senator wants, as I understand, is civilization on the part of the Indian, and Ipresume he wishes to make the holding of property the test of intelligence on the part oi? the Indian. If he be a taxpayer, he is presumed to be sufficiently in telligent to be a citizen of the U.S. I do not admit the test; therefore I object to the Proposition.
Mr. CLARK. I Wish the Senfrom Kentucky would tell us what constitutes a citizen under the constitution.
Mr. DAVIS. No foreigner is a citizen in the fullest sense of the word at all.
Mr. CLARK. The Senator is now telling us who is not a citizen, but my question is what constitutes a citizen?
Mr. DAVIS. I leave that to the exercise of your owning by tomorrow. [Laughter]
Mr. CLARK. hatisit. Washingtonisdead; Marshall is dead; Story is dead; I hoped the Senfrom Kentucky would have enlightened us. He says a negro is nota citizen, and a negro is not a forei er and cannot be made a citizen. He says that a person who might be and was a citizen before the constitution, is not a citizen since the constitution was adopted. What right was taken away from him by the constitution that disqualifies him from being a citizen? The free negroes in my State, before the constitution was adopted, were citizens.
Mr. DAVIS. Will the honorable Senator allow me to ask him a question?
Mr. CLARK. Certainly, because I asked the Senator to define what a citizen was.
Mr. DAVIS. Was a free negro in NewHampshire before the constitution a citizen of the U.S.?
Mr. CLARK. He was a citizen of my State.
Mr. DAVIS. That being admitted, was he a citizen of the U.S.?
Mr. CLARK. He was in my judgment a citizen of the U.S.
Mr. DAVIS. If he went to Virginia or SCarolina, would he have been entitled to citizenship there?
Mr. CLARK. I think he would; I have not an doubt about it. Mr. DAVIS. Neither have I any that he would not.
Mr. CLARK. I think he would, because the constitution has provided that a citizen of one State shall have t 10 rights and privileges of citzens the several States.
Mr. JOHNSON. But the Senfrom Kentucky asks how it was bEfore the constitution.
Mr. CLARK. He was a citizen before the constitution made that provision.
Mr. JOHNSON. That was the question put by the Senfrom Kentucky.
Mr. CLARK. When the Senfrom Kentucky says he was not represented in the convention that formed the constitution, he says what was not true in fact.
Mr. DAVIS. Will the Senator allow me to ask a question?
Mr. DAVIS. The State of NewHampshire had or might have had her separate State coin, her separate coined money, before the constitution was adopted. Is not that true, that she either had or might have had her own coin? I pause for a rely.
Mr. CLARK. Oh, certainly, sir. I did not an ose the Senator was waiting.
Mr. DAVIS. If she had her own coin emitted and circulated before the constitution was formed, would the adoptionof the constitution have made that coin of the U.S.? She had her own citizenship according to her own laws; and because shed her own citizenship before the constitution was adopted, the constitution of the U.S. did not on its ratification adopt her citizenship and her citizens as citizensgip and citizens of the U.S.
Mr. CLARK. I do not propose to discuss the question of coinage; it is the question of citizenship that. I am after. Before the Constitution was adopted the free black man in my State was just as much a citizen as the white man; and when delegates were chosen to the Convention which adopted the constitution he had a right to vote, and undoubtedly did vote, as well as the white man. They formed that constitution. In that constitution there is nothing declaring that a negro shall be a citizen of the U.S., and there is noth declaring that a white man shall be. They stan on the same foundation. There is nothing declaring that the black man shall not be a citizen, nothinrr declaring any distinction between them; and it is a distinction which the constitution does not recognize when the Senfrom Kentucky undertakes to say that it excludes the black man and does not exclude the white man.
Mr. DAVIS. The honorable Senator will permit me to explain that I did not say it excluded the black man. I say it ignored the black man; it paid no attention to him; it was made by a different race of beings; it did not comprehend him; he had nothing to do with it any more than the Indian of the forest had, any more than the Chinaman in California had in the formation of the constitution of that State.
Mr. CLARK. I do not admit what the Senator says; I do not admit that it ignored him; that would be the same thing as to on him citizenship; but I do not assert that the free black man was a part of the people of the U.S., and “we, the people, formed that Constitution, and therefore are entitled to the rights of it. I say the free black man is a citizen under the Constitution, because he held that right before, and if the Senator wants to know when he became a citizen of this country I will tell him: he became so when he helped to achieve the independence of the country equally with the white man; and as the constitution did not exclude him he held his rights under the constitution. He assisted in my State in electing delegates to that Convention, and so in other. States. I desire to say further, and I will say now, Mr. President, though not exactly germane to this point, that in my State there is not a single disqualification or discrimination between the white man and the black man, and there is not to be found on the statutebook any act making him free, for he never was a slave there. He may, in some cases, have been held in duress; he was always a free man legally.
Mr. DAVIS. Will the honorable Senator answer me a question?
Mr. DAVIS. Have or have not many Africans been bought and sold as slaves in NewHampshire?
Mr. CLARK. I have no doubt they have been bought and sold, not by law, but by violence and wrong; certainly they have. In the course of my practice in the State of NewHampshire I did once find among some old papers a bill of sale of a negro, date in 1792; and it was the only instance that I ever did find within that State. I have searched the statutes from be; ginning to end; I have searched the old laws and the constitution, and I can find no law that ever recognized a slave, nor can I find any law that ever set a slave free.
Mr. DAVIS. Will the honorable Senator permit me to ask him a question?
Mr. CLARK. Certainly; as many as the Senator chooses.
Mr. DAVIS. Did you ever find a law declaring a horse to be property?
Mr. DAVIS. I have not. We have none in our State. It probably exists by usage.
Mr. CLARK. So it exists in my State by custom; but we recognize it as property by statute as well. We never did recognize a negro as property. We always recognized him as a man and as a citizen.
Mr. DAVIS. How did your people sell him?
Mr. CLARK. They sold him very much as a man steals a horse.
Mr. DAVIS. Your countrymen stole him and sold him,
Mr. CLARK. I do not know whose country men sold him. I believe my people are like other people and if they did stea and sell a negro they did a great wrong to the negro. No matter where slavery exists, be it in NewHampshire or Kentucky, it is a violence and a wrong. applause in the
The PRESIDing OFFICER anod. Es Order order. These demonstrations must not be repeated. The are in violation of the order and decorum of t to body. If they are repeated, the Chair will feel compelled to order the Sergeantat Arms to clear the galleries at once.
Mr. CLARK. I desired, Mr. President, that the Senator should tell me what in his opinion constituted a citizen under the constitution. Free negroes were citizens before the Constitution, he admits, in my State.
Mr. DAVIS. I will answer the honorable Senator. We sometimes answer a positive question by declaring what a thin is not. Now the honorable Senator asks me what a citizen is. It is easier to answer what it is not than what it is, and I say that a negro is not a citizen.
Mr. CLARK. Well, Mr. President, that is a lucid definition. [Laughter]
Mr. CLARK. That is a begging of the question. I wanted to find why a negro was not a citizen, if the gentleman would tell me. If he would lay down his definition, I wanted to see whether the negro did not comply with it and conform to it, so as to be a citizen; but he insists that he is not a citizen.
Mr. DAVIS. I will answer that question if the honorable Senator will permit me. Government is a political partnership. No persons but the partners who formed the partnership are parties to the Government. Here is a Government formed by the white man alone. The negro was excluded from the formation of our political copartnership; he had nothing to do with it; he had nothing to do in its formation.
Mr. STEWART. Allow me to ask a question. Is it a close corporation, so that new partners cannot be added?
Mr. DAVIS. Yes, sir; it is a close white corporation. You may bring all of Europe, but acne of Asia and none of Africa into our partnership.
Mr. CLARK. Let us see, Mr. President, how that may be. Take the gentlemans own ground, that government is a partnership, and those who did not enter into it and take an active part in it cannot be citizens. Is a woman a citizen under our constitution?
Mr. CLARK. I did not ask about voting. The gentleman said a while ago that voting did not constitute citizenship. I want to know if she is a citizen. Can she not sue and be sued, contract and exercise the rights of a citizen?
Mr. CLARK. Then if a free negro can do all the why is he not a citizen except that the Dred Scott decision says that
Mr. DAVIS. Because he is no part of the governing power. That is the reason.
Mr. CLARK. I deny that, because in some of the States he is a part of the governing owner. The Senator only begs the question; it only comes back to this, that a nigger is a nigger. [Laughter]
Mr. DAVIS. That is the whole of it. [Laughter]
Mr. CLARK. That is the whole of the gentlemans logic. [Laughter]
Mr. DAVIS. The honorable Senator does not apprehend me exactly as I intended to express myself. I mean that no person can be naturalized as a citizen of the U.S. unless that person be a foreigner.
Mr. JOHNSON. ThatIunderstand to have been the proposition of the honorable member, and now I concede it under that clause. I admit that the honorable member is right in saying that that clause was intended to app! on to foreigners who might come to the [ U.S and desire to take upon themselves the character of citizens. Under your naturalization laws, therefore, passed in pursuance of that authority, there is no power to make citizens of 530 January 31, the U.S. under that clause Ether than those who are foreigners, and subject, therefore, to the Government. from which they come. I have no doubt that is true; but does it follow from that that these negroes cannot be made citizens? That would be an extraordinary condition for the country to be in. Here are 4 million negroes. They are not foreigners, because they were born in the U.S. They have no foreign allegiance to renounce, because they owed no foreign allegiance. Their alle giance, whatever it was, was an allegiance to the Government of the U.S. alone. They cannot come, therefore, under the natu ralizing clause; they cannot come, of course, under the statutes passed in pursuance of the power conferred upon Congress by that clause; but does it follow from that that. you cannot make them citizens; that the Congress of the U.S., vested with the whole legislative power belonging to the Government, having within the limits of the U.S. 4 million people anxious to become citizens, and when you are anxious to make them citizens, have no power to make them citizens? It seems to me that to state the question is to answer it.
Mr. DAVIS. Will the honorable Senator allow me a moment?
Mr. DAVIS. I admitte in the commencement of my remarks that there were 2 modes of making citizens of foreigners under the constitution of the U.S. The 1st was by a uniform rule of naturalization to be reseribed by Congress; the 2nd was that whiere a treaty was negotiated between the U.S and a foreign Government by which we acquired territory that contained inhabitants, those inhabitants, by necessary implication, were admitted to citizenship. Now, I put this question in the form of a principle to the Senator: when there are 2 modes expressed in the constitution by which this thing may be done, one by express provision and the other by necessary jmplication, does, or does not, the enumeration of these 2 modes exclude all other modes?
Mr. JOHNSON. Certainliy, so far as the particular persons who would be embraced by the particular modes are involved. But suppose there had been no power given in the CODq stitution to Congress to naturalize.
Mr. DAVIS. Then we should have had no power to naturalize.
Mr. JOHNSON. That would be a Government of an extraordinary kind.
Mr. DAVIS. No power having been given by the constitution to the General Government to naturalize a negro, a negro cannot be naturalized.
Mr. JOHNSON. I am not speaking of the as re; I am speaking of anybo y. Mr. DAVIS. I answered your proposition and Iput you mine. I deny the power in the case you state.
Mr. JOHNSON. Why is there nota power given to naturalize the negro? Suppose a negro came from Africa now, could he not be natu ralized?
Mr. JOHNSON. Why not? Only because the term “ white” is contained in our naturalization laws; But I am speaking of the clause of the constitution in reference to naturalization. The constitutional clause does not use the term “white.” Congress might pass a naturalization act that would embrace the negro immigrant as well as the white immigrant. There can be no doubt about that. Then it is not because of their color that the fundamental objection supposed to exist in the mind of the honorable Senfrom Kentucky applies.
Mr. DAVIS. Will the honorable Senator permit me to explain?
Mr. DAVIS. This is a Government and a political organization by white people. It is a principle o that Government and that organization before and below the constitution, that nobody but white people are or can be parties to it.
Mr. JOHNSON. I do not think that is an answer to my question. But let me ask the honorable Senator why it was that Congress, when it passed the naturalization act, put in the word “white, ” and what would have been the effect of the law ifthat. word “white” had not been inserted? Suppose they had provided for the naturalization of all foreigners, would not the black men have been included?
Mr. DAVIS. Has the Government of the U.S. any power that is not conferred upon it by the constitution?
Mr. DAVIS. Where is the powerin the constitution, or the provision in the constitution, that gives the right to the Government of the U.S. to make a citizen of a nativeborn negro?
Mr. JOHNSON. I do not know that there is any particular clause that says the child of a nativeborn negro is to be a citizen, but it would he an extraordinary thing if under the judiciary clause it were not in the power of Congress to authorize a nativeborn negro, to use the language of my friendfrom Kentucky, to sue.
Mr. DAVIS. I reckon the language is good.
Mr. JOHNSON. I am not saying it is not good. I used it because I was sure it was good, as you used it. I would not have used it except upon our authority. [Laughter.]
Mr. JOHNSON. Now, Mr. President, if we can, by legislation, authorize the negro to They left it to. sue, we are authorized to go one step at least toward making him a citizen. If we can authorize him to contract we take another step. Ifwe authorize him to testify we take another step; and so to go on by assuming that we authorize him to do ever other act that a white man can do, short of the right of voting, what is there in the constitution which denies us the power to stop when we come to the exercise of that right? I can find nothing in the constitution which leads to that result. If I am right in the Opinion which I entertain, that we can authorize them to sue, authorize them to contract, authorize them to do everything short of voting, it is not because there is anything in the constitution of the U.S. that confers the authority to give to a negro the right to contract, but it is because it is a necessary, incidental function of a Government that it should have authority to provide that the rights ofevery body within its limits shall be protected, and protected alike. It would have been a disgrace to the members of the Convention, in myjudgment, if they had looked to the condition of things which now exists; or, without looking to that condition of things, if they had looked to the contingency sure to happen, and which was rapidly occurring at the time when the question became a matter of political agitation, that slavery would sooner or later be abolished by State legislation or State action and had denied to the Congress of the U.S. the authority to pass laws for the roteetion of all the rights incident to the condition of a free man. I rose, Mr. President, with no view except to state the particular observations that I have stated, and will therefore say nothing further.
Mr. DAVIS. Iditler 101000210 from the honorable Senfrom Maryland upon this proposition. My opinion is that the constitution of the U.S. never intended to place free negroes or slave negroes under the jurisdiction of the General Governmentat all; that the whole subject of free negroes and of slave negroes is left by the Federal constitution, and was intended to be left by the constitution, under the jurisdiction and exclusive control of the several States.
Mr. STEWART. Will the gentleman allow me to ask him a question?,
Mr. STEWART. Have we not. a provision which is now at art of the constitution, which express] y provides that we may legislate on this subject?
Mr. DAVIS. If the honorable Senator wants my opinion, I say that that provision is revolutionary. Have Congress and the Legislature! of the States the rig it to change our form of Government? Have they a rig it to establish a monarchy? Have they a right to establish a Presidency for life? Have they a right to establish a Senate for lifetime, or a Senate that would transmit its honors and its offices to their posterity? Sir, the power to change the constitution is a power simply to amend; it is not a power to revolutionize; it is not a power to sn vert; it is not a power to change our form of Government. Notwithstanding the high authority of the Senfrom Maryland, and also of the Senfrom Nevada, my position isI maybe overruled and expect to be overruled in it, but still it is mv opinion that underthe power simply to amen the constitution of the L U.S. there is no power to revolutionize it, to subvert it, or to change it from a republic to l monarchy, and these acts cannot be effected by any power except the power of revolution.
Mr. MORRILL. I desire to make someob servations upon this bill. I do notknow whether it is the purpose of the chairman of the ComJudiciary to bring it to a vote to it in.
Mr. CLARK. If the Senator will give way, I will move an adjournment.
Mr. CLARK. I move that the Senate do now adjourn. The motion was agreed to; and the Senate adjourned. 1866. 531
###HOUSE OF REPRESENTATIVES. WEDNESDAY, January 31, 1866. I The House met at 12 oclock in. Prayer by the Chaplain, Rev. C. B. Borsroxf The Journal of yesterday was read and approved. USE or run lIALL.
Mr. WASHBURNE, of Illinois. Mr. Speaker I rise to a privileged question. I am irected by the ComRules to report the following additional rule.
The Clerk read, as follows: Add at the end of the rules: BULP. The Hall of the houseshall not be usedfor any other purposethan the legislative businessof the House. nor shall the Sigenker entertain an proposition to use it for any ot or purpose. orfort e suspension of this rule: Provided. That this shall not interfere with the performanceof divine service therein under the direction of the Speaker, or with the useof thesame for caucusineetingsof the members or upon occasions where the House may, by resolution. agree to take part in any ceremonies to be observed therein.
Mr. WASHBURNE, of Illinois. Mr. Speaker, I will make a brief statement in regard to this matter. The House will recollect that the instructions to the ComRules were pos itive to report a rule to prevent hereafter the use of this Hall for another purpose than the Iegitimate business of legislation; and we have so reported, with the proviso read by the Clerk, that it shall not interfere with the use, under the Speakers direction, of the Hall for divine service, or on the occasions of the ceremonies in honor of the late President, Mr. Lincoln, and touching the demise of our recent associate, IHon. Henry Winter Davis. With that proviso, think that the Housewill agree unanimously to the rule we have submitte I will state further, air, that I think the at tention of the House has not been sutheiently calledto this subject. We have found, on making inquiries of the Doorkeeper, some curious facts in reference to the absolute expenses of the Hall for one evening. The expense for gas, as near as it can be figured out, every evening we grant the use of this Hall, is $150, being at the rate of 25 dollars an hour, and the Hall having to be lighted up at 6 oclock, and the gas generally not being turned off until 12 oclock. Then there is the additional expense of 25 dollars for heating the Hall. Besides, the wear and tear of the furniture and the injury of the carpets are more in one evening, when the Hall is loaned, than in one week when the Hall is used for legitimate levislative purposes. So we are told by the DoorIteeper; and furthermore that there has not been a single meeting that the desk of some member has not been broken open and rifled despite the watchfulness of the officers of the House. I think it right and properwe should put an end to this matter. It is a stringent rule, and a stringent rule is necessary. Frequently these meetings are called forbenevolentpurposes, and members do not feel disposed to oppose them.
Mr. BINGHAM. Let me inquire whether the rule makes an exception of the use of this Hall for the contemplated services to the memory of the late President.
Mr. WASHBURNE, of Illinois. If the gentleman had heard the proviso read, and adheard my remarks, that would have been fully explained. We have a proviso for that very pnr ose, and all such purposes. RIl. KELLEY. I desire to know whether. the resolution is to operate to repeal the grants already made.
Mr. WASHBURNE, of Illinois. Not at all. It repeals nothing. The permissions that have been granted, of course, hold good. 7 This is only for the future. I demand the previous question.
Mr. STEVENS. I would suggest whether we should not exec t the use of the House for the 12th and 22d o February.
Mr. WASHBURNE, of Illinois. That is provided for in the proviso.
Mr. STEVENS. The House has not yet taken any action in regard to the 22d of Feb rtiary.
Mr. WASHBURNE, of Illinois. The pro be instructed to inquire into the expediencyof viso applies to precisely such cases as the gentleman refers to. I ask that the whole rule may be read.
The SPEAKER. The Chair will state that the understanding of the ComRules would be, that as the obsequies of the late Henry Winter Davis were arranged by a meeting of members of the House calledin the Cap ito, the use of the Hall would not be excluded by this rule as it stands. Where the House participates in any service the Hall is not to be pprohibitedby this rule. The Chair will also state that the House has granted its consent by yeas&nays for the use of the Hall by the Christian Commission on their anniversary, so that that would be excepted, and they would have a right to hold their meeting on Sunday, the 11th of Februa and so in regard to the funeral obsequies of the late President, as that has been arranged by the joint action of both Houses. This has been discussed in the committee on Rules.
Mr. STEVENS. May I say this? That although the arrangement has been made by members of the House in regard to the funeral obsequies of the late Henry Winter Davis, it was not by action of the House, but by members outsi e.
Mr. WASHBURNE, of Illinois. I ask the unanimous consent of the House now, that the use of the Hall should be anted for that purpose before the rule shall e adopted.
Mr. HILL. I would ask whether the proviso does not embrace in spirit that occasion: Is fparticular. it not the intention of the resoIlution to embrace it?
Mr. WASHBURNE, of Illinois. I think the intention is express and clear; but to avoid all doubt I ask the unanimous consent that the Hall be granted for the funeral obsequies of the late Henry Winter Davis.
Skip Skip The SPEAKER. That is out of order. Mr. WASHBURNE, of Illinois. Let the rule be read again. The Clerk read the rule again. The call for the previous question was then 2nded, and the main question ordered; and under the operation thereof the rule was adopted. Mr. WASHBURNE, of Illinois, mtRtv the rule was adopted; on the table. Agreed to. INTERNALREVENUE ACT.
Mr. MORRILL, from the ComWays&Means, by unanimous consent, introduced a bill to declare the meaning of certain parts of the internalrevenue act, sippieyed June 30, 1864, and for other purposes; which was read a 1st and 2nd time, referred to the ComWhole, and ordered to be printed. COMMUTATION of RATIONS.
Mr. KETCHAM, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Resolved, That the ComMilAffr nu thorizing the payment of Commutations of rations to all prisoners of war for the period of their confinementI and that they report by bill or other wnie. THE LATE ARSENAL EXPLOSION.
Mr. INGERSOLL, from the ComDistCol, asked leave to report a JtResolution for the relief of the sufferers by the late exlesion of the U.S. ar senal in the DistCol, and asked its consideration at the present time.
Mr. DAVIS objected. TERRITORY OF MONTANA.
Mr. McLEAN, by unanimous consent, introduced a bill to amend an act entitled “ An act to provide a temporary government for the territor of Montana, ” approvedflliay 26, 1864; which was read a 1st and 2nd time, and referred to the ComTerritor. Also, a bill to regulate the fees of officers in the U.S. courts in the Territory of Montana; which was read a 1st and 2nd time, and referred to the ComTerritones.
Mr. CONKLING called for the regular order of business.
Mr. RAYMOND. I ask my colleague to allow me to present JtResolutions of the State of NewYork for reference.
Mr. CONKLING. I think we had better have the regular order. "If I give way to my colleague I shall have to yield to others.
The SPEAKER proceeded, as the regular order of business, to call the committees for reports, commencing with the ComCommerce. TREATY or WASHINGTON.
Mr. WASHBURNE, of Illinois, from the ComCommerce, reported back, with the recommendation that it o pass, a hill to further secure to American citizens certain privileges under the treaty of Washington. The bill provides that the produce of the for ests of the State of Maine upon the StJohn river and its tributaries, owned by American citizens and sawed and hewed in the province of NewBrunswick by American citizens, the same being unmanufactiired in whole or in part, which is now admitted into the ports of the U.S. free of duty, shall continue to be so admitted under such regulations as the SecyTreasury shall from time to prescribe. The bill is to take effect from and after March 17, 1866.
Mr. WASHBURNE, of Illinois! I will explain in one word the object of this bill. Lum lier which is cut on American soil cannot be got to market except by comin r down the Stolin river and touching in the rovince. The object of this bill is to prohibit the collection of duties on such lumber in our own orts. It is recommended by the SecyTreasury, and the subject has been fully considered by the ComCommerce. I believe there is no objection to it from any source.
Mr. MORRILL. I, presunie the bill is all right; but I should like the gentleinan to allow time for the Committee of nys and Means to examine the subject.
Mr. WASHBURNE, of Illinois. The Gentlemen from Maine are very much interested in this bill. If it involves a (RICSHOH of which the ComWays and ileans has juris diction. I do not wish to ress it.
Mr. MOltRILL. I will not make any objection to the bill.
Skip Skip The bill was orderengross, and read a 3rd time; and being engrossed, it was accordingly read the 3rd time, and passed. Mr. WASHBURNE, of Illinois, mtRtv the bill was passed; on the table. Agreed to. THE FISHING BOUNTIES.
Mr. WASHBURNE, of Illinois. I am directed by; the ComCommerce to reportbac a bill to repeal the fishing bounties, with a iroviso. Long looked for come at last. The bill was read. It repeals all laws and parts of laws allowing The committee reporfitesdbinglbounties: the followmg prov1so: Providrri. That from and after the lth dayof Feb ruary, 1866, vesselslicensedto engagein the fisheries may take on board imported salt in bond. to be used in curing fish, undersuchregulationsastheSecyTreasury ElliIllprescribe: and upon p roofthat said salt has beenusedin (HINDIlish the duties on the sameshall be remitted.
Mr. WASHBURNE, of Illinois. This is an absolute repeal of the fishing bountics, with a proviso that fishermen may purchase their salt in bond free of duty.
Mr. BROOKS. I believe that this is a very good bill as far as it goes; but so far as theinginterests of the countryis concerned, wsohuip d it not be fair to extend the drawback to cord age, iron and things of that sort?
Mr. MORRILL. I hope the chairman of the ComCommerce will not ask flCllOll of the House on this bill at this time. The ComWays&Means would desire to consider this bill in connection with other subjects.”
Mr. wASHBURNE, ofIlliiiois. I Will With draw the bill for the present. MARINE HOSPITALS and REVENUE CUTTERS.
Mr. WASHBURNE, of Illinois, from the ComCommerce, reported back House bill No. 184, to authorize the sale of marine hospitals and of revenue cutters. The bill authorizes the SecyTreasury to lease or sell at public auction, to the highest and best bidder, for cash, after due no tice in the public newspapers, such marine hospitals and and s appertaining thereto as he may Seem advisable; and it empowers him to make, execute, and deliver all needful conveyances to the lessees and purchasers thereof respectively and appropriate the proceeds of said leases and sales for the marine hospital establishment. The 2nd section of the bill authorizes the SecyTreasury, in his discretion, to sell to the highest and best bidder for cash, after due notice, such revenue cutters as he shall find to be illadapted to the purposes of the revenue service, and to expend the proceeds of such sales in the purchase or construction of other vessels better suited to the wants of said service.
Mr. WASHBURNE. of Illinois. I am instructed by the ComCommerce to offer the following proviso to the 1st section of the bill: Pmvided, That no oneof themarine hospitals shall be exposedto sale or leasewliere the relief furnished to sick mariners shallshow an extent of relief o nul to 20 casesperdicm on an average for the ast precedingfour years: or where no other suituble and sulficienthospital accommodationcan be procured upon reasnnablejcrm: for the comfort and convo nicnes of the patients. The amendment was agreed to.
Skip Skip The bill as amended was then orderengross for a 3rd reading; and bein engrossed, it was accordingly read the 3rd time, and passed. Mr. wASHBURNE, of Illinois, mtRtv the bill was passed; upon the table. Agreed to. StLouis A PORT OF ENTRY.
Mr. WASHBURNE, of Illinois, from the ComCommerce, reported adversely upon a bill to establish a port of entry at StLouis, Missouri; the bill was laid on the table. PROPELLER F. w. BACKUS.
Mr. WASHBURNE, of Illinois, from the ComCommerce, also reported adverselyu on the petition for a change of the name of the prope ler F. W. Backus; the petition was laid on the table. MARITIME LmNs.
Mr. ELIOT, from the ComCommerce, reported back House bill No. 64, to limit the liabilities of shipowners concernin maritime liens, and for other purposes; an moved that the same be referred to the ComJudiciary. The motion was agreed to. REGISTRY OF VESSELS.
Mr. ELIOT, from the ComCommerce, also reported a bill to regulate further the registering of vessels, with a recommendation that it do pass. The bill was read atlength. It provides that no ship or vessel which has been recorded or registered as an American vessel pursuant to law, and which shall have been licensed or otherwise authorized to sail under a foreign flag or the protection of a foreign Government during the existence of the rebellion, shall be deemed or registered as an American vessel, or shall have the rights and privileges of American vessels, except under an act of Congress authorizing such registr.
Mr. ELIOT. I am instructed by the ComCommerce to ask for the consideration of this bill at this time.
Mr. BROOKS. Will the Gentfrom Massachusetts [Mr. Euor] explain the purpose and object of this bill.
Mr. ELIOT. This bill affects only a single class of vessels. Where vessels which were American have been sold during the rebellion and put under foreign flags by their owners, we all understand that in order that they may again have the benefits of American registry, application must be made to Congress. This bill, therefore, does not affect that class of vessels. But there have been vessels owned by Americans which during the rebellion have procured licenses, or permits in the nature of licenses or sea letters, by which they have enjoyed the protection of foreign flags without having changed their ownership. Remaining upon the record the property of Americans, they have sailed under the flag of foreign nations under licenses obtained from foreign Governments. Now, the objectofthis bill is to provide that these vessels, which have thus song it the benefit of foreign flags during the rebellion while still owned by Americans, shall not be deemed hereafter as American vessels, or privileged as such, unless upon a case shown to Congress it should be found proper to authorize the regis try of them and the continuance of them as American vessels. That is the sole object and scope of this bill. There have been cases where disloyal men have availed themselves of the fin s and riv ileges of foreign nations and it has been thought right. by the ComCommerce to report this bill and urge its passage, so that after these owners have sought the protection of a foreign nation, if any of them want the protection of their own flag, they shall make a case and show Congress that they have not forfeited their right to ask for such protection.
Mr. SPALDING. I wish to inquire of the Gentfrom Massachusetts [Mr. Emor] if, the law as it now stands permits the owners of vessels which have been sold in the way and manner he describes to take an American reg ister without further action by Congress?
Mr. SPALDING. Then what is the neces sit of this bill?.
Mr. ELIOT. Because this bill only affects vessels which have not been sold, but which have nevertheless sought the protection of for Olaf; flaws. Mr. STALDING. Still retainingtheir American ownership?
Mr. SPALDING. Is that the only class of vessels to which this bill relates?
Mr. BROOKS. Will the gentleman yield to me one moment?
Mr. BROOKS. There seems to be some doubt as to the nature and effect of this bill: and I must confess that I do not quite understand its operation, notwithstanding the expla nation of the Gentfrom Massachusetts.
Mr. HOOKS. I ask the Gentfrom Massachusetts to yield to me for one moment.
Mr. BROOKS. Mr. Speaker, there is great disadvantage in acting upon an important bill like this, affecting the whole commerce of the Atlantic and the Pacific, as well as that of the lakes. without some better understanding of the bill than it is possible for us to have upon the more reading of the bill by the Clerk. I would suggest to the Gentfrom Massachusetts that he allow us to have the bill in a printed form before it be put upon its passage; or if it will suit the gentleman better, it might be passed today. with the understanding that it shall be printed, and shall be subject to reconsideration. Then the subject can be brought up and disposed of finally tomorrow. While I am u, let me make an additional remark. Thong the gentlemancites Baltimore as aplace where these licenses have been taken, I will venture to say to him that, if the statis tics could be obtained, they would show that more of such licenses have been taken in Massachusetts and Maine than in any other State of the Union and why? Not because the shipowners there were more disloyal than they were elsewhere, but because they have more shippin than the citizens of any other State in the nion exec t the State of NewYork. When the federalGovernment was unable to protect its shipping, when piratical cruisers were abroad upon the ocean, partly in consequence of the indisposition of our Government to quarrel with foreign Powers, cs)ecially with France and England, because of t lefitting out of such cruisers in those countries, every possibleadvantage was taken of foreign licenses and foreign flags for the purpose of securing the safe transportation of freights on the ocean. This disloylalty, if it was isloyalt, prevailed more in NewEngland than in the State of Maryland; it prevailed most. where there was most shipping. did not, however, rise to oppose the bill, but simpl to ask that more time for examination beal owed before the bill be finally passed.