Mr. Hunter was the great mover in this business. He and the sece ssion politicians of old Virginia, contem lating in their hearts the destruction of your government, 1st of all soughtto undo the work of General Washington, e man who did honor to that State. They must mutilate his counsels, destroy what he had done, destroy the foresight of that great patriot and tram leit under foot, in order to be able to bring their guns to bear on your capital; and the did it by an act entirely unconstitutional. oes anybody doubt that? I was exceedingly pleased to hear the Senfrom Kentucky, [.‘DAYIS] who was here and took part inst this mutilation, say, with all the temptations that party can heap upon his head, that he viewed the act of retro cession as unconstitutional then, and he views it in the same lIight now. He voted against the act in 1846, and if he votes the other way now it is not that he has the least doubt that the act of mutilation was utterly void. Now, Mr. President, to show how this subject was viewed by the great patriots of the day when this ca ital was fixed permanent] 'in this District, I Wish to read a short extract from the speech of the POTUS on t 10opening of Congress in 1800. I have here also the proclamation of General Washington fixing the capital at this place, showing the great‘pains and the minuteness with which he went orward in anticipation of all the evils that might fall upon the country hereafter to point out and fix its boundaries with that care and that prudence that characterized him every where, and in all he did. I will read the congratulations of the President at that day when this capital was fixed here to show you the great achievement they supposed they had worked out when they had fixed it'permanently here. On the 22d of November, 1800, the POTUS,
Mr. WADE. Yes, sir; Barkis was willing. They were willing to take back the cession, if it could be made; but they were not willing to consent that loyal Maryland should say whether she who had concurred in the original design would consent that the retrocession should be made. She was not consulted at all; and therefore, for that, if for no other reason, your pretended retrocession was void, was a fraud upon one of the parties, and could not have been done. Again, sir, how did you undertake to do it. I agree entirely with the Senators who have raised the constitutional question that a sovl ereign power cannot part with a sovereignty and transfer it to anybody. It cannot be dele gated. That is the language of the law. This power cannot be delegate. It is a matter of confidence between the so he and their representatives, and is not to c farmed out to anybody for any consideration whatever; and so the courts have decided as often as the question has arisen in the courts. What did they attempt to do here? The Senfrom NewYork and the Senfrom Nevada have interposed arguments that never can be met before any judicial tribunal in the world, because, 1st, they are founded in the reason of the thing, and 2ndly, upon a line of precedents unbroken from the foundation of the common law. Herewas an attempt by a partisan Congress to cede, to give away, 1/2 of the territory which had been acquired with so much care, so much circumspection, so much spirit of compromise in the fathers, without any ceremony, if the people on the other side would barel vote to take it. Why did you not consult all the people if you were going to consult unybod? Had the people on the virginia side belongng to the DistCol any more right to speak on this subject than the people on this side of the Potomac? Were they not all one people combined for this purpose under the jurisdiction of the Government of the U.S.?
Mr. STEWART. Had those people any better right to determine the question than all the people of the U.S.?
Mr. OMEROY. I ask the Senator if he remembers the speech that he made at the be ginnin.of the war in which he aSsured the Senate an the country that the war was not waged for peace; that the South never would surren der to our arms; and thatthe onlyway to secure eace was by concession and compromise and kindness. I‘hat the war would prove a failure was the language of the Senator, if I recollect aright.
Mr. SAULSBURY. I am very glad the Senfrom Kansas has reminded me of what I said in the commencement of this war. I have said a great many good things which I had forgotten, and that is one of them.
Mr. POMEROY. Iunderstand the Senator to say now that the war did produce the very result which he said then it would not produce.
Mr. SAULSBURY. I did say that war was a way to settle this difficulty. I say so now. You have overcome the physical strength of the South, but you have struck down constitutional American liberty. When I said that war was 10 way to accomplish your purposes, I had in:ontemplation the preservation of the American Union with the constitutional rights of the people of every State in the Union preserved.
Mr. I’OMEltOY. Iunderstand the Senator row to say that he knows of no men in the South, or no considerable number of men, who ire averse to the Union, but they accept the situation. I do not know bdt that he went so far as to say that they would rejoice in it. At my rate, he said that they accepted 'it; the are reconciled to it; they acquiesce in it, an save been brought to that result by the war.
Mr. POMEROY. I do not like to interrupt the Senator and never do interrupt anyone; but I do not understand the Senator now to say whether he was wrong when he said that the war was no road to peace; that the South never would submit; or whether he is right now when he says that they have submitted, and that there is no art of the South anywhere that is not reconclled to submit to its condition. I have been here for 5 years with the Senator, and wcnever have had the South here since I have been here, and we were never supposed to be responsible for their not being here. We never sent them out; they went out of their QWlfl accord. If the way is not clear, it is their an t.
Mr. SAULSBURY. And wrongfully went out I admit all that.
Mr. POMEROY. We are not to blame for it.
Mr. CONNBSS. If there is no chance of getting to a vote on this bill to night, I should like to call up some other business; and therefore I shall move to postpone the consideration of this bill at the present time.
Mr. WADE. hope not. Let us dispose of it now.
Mr. FESSENDEN. Several of us want to make is eeches on the subject.
Mr. ABE. Iam in hopes of getting a vote on this bill today.
Mr. GRIMES. Let us have an executive session.
Mr. WADE. If you postpone this matter now, you will have this ebate all over again. I be e if we can take a vote now that we shall be a lowed to take it. If there is to be further debate I will not resist its postponement.
Mr. DAVIS. I should like to say a few words further on this bill. It is not my purpose to occupy much time; but I should like to engage the attention of the Senate for a few moments.
Mr. FESSENDEN. Let us have an executive session.
The PRESIDING OFFICER, (Mr. CLARK in the chair.) The bill i before the Senate as in ComWhole.
Mr. CONNESS. I move that the further consideration of the bill be postponed until tomorrow.
Mr. WADE. Ihope it will not be postponed, but that it will be left as the unfinished business to come up tomorrow. If we go into executive session, what is the object of post poning it?
Mr. CONNESS. I propose to postponeit in order to have an opportunity to take up some, other business.
Mr. WADE. I object to that. I hope we shall not postpone this bill now to take up other business.
Mr. CONNESS. If the Senfrom Ohio Ytnd the Senate will consent to lay this bill aside informally, so that I may call up a Senate bill that has been returned from the HoRep with amendments, for the purpose of acting on those amendments, I Wlll then agree to go into executive session.
The PRESIDING OFFICER. The Senfrom California asks unanimous consent to lay aside the bill before the Senate and proceed to other business. Is there any objection?
Mr. HOWARD. I object until the Senator informs us what it is.
Mr. CONNESS. A California bill that was passed bfithe Senate, and has been retur‘ned mm the HoRep with amend meats.
Mr. CONNESS. No, sir; I merely desire to get action on the amendments made by the HoRep. It will take but a moment.
Mr. DAVIS. I wish to ask what has been done with the subject that was under discussion.
The PRESIDING OFFICER. It is before the Senate and at the control of the Senate.
Mr. DAVIS. Well, sir, I would as lief say what I have to say now as at any other time.
Mr. CONNESS. I move that the bill under consideration be postponed until tomorrow at one o’clock, and lie made the special order for that hour. That will be‘equivalent to leaving it as the unfinished business, and the Senate can do as it pleases tomorrow. The motion was agreed to. LAND TITLES IN CALIFORNIA.
Mr. CONNESS. The amendments have been considered separatel by the members of the ComPublicLands. I move that the Senate concur in all the amendments except the last one. The motion was agreed to.
Mr. CONNESS. Now, in regard to the last amendment, Imove thatthe Senate non-concur. '
The PRESIDING OFFICER. The Chair will put the question in the affirmative, Will the Senate concur? The amendment was non-ctmcurred in. UNION PACIFIC RAILROAD.
Mr. HOWARD. I move to take up for consideration Senate JtResolution No. 125. The motion was agreed to; and the JtResolution (S.R.No. 125) granting the right of way through military reserves to the Union Pacific Railroad Company and its branches was considered as in ComWhole. It proposes to grant, subject to the approval by the President, the right of way, 100 feet in width, and the necessary grounds for deots, stations, shops, &c., to the Union Pacific Railroad Company and the companies conBtructing the branch roads connecting there with, for the construction and operation of their roads over and upon all military reserves through which they may pass; and the President is also authorized to set apart to the Union Pacific Railway Company, eastern die vision, 20 acres of the Fort Riley military reservation for depot and other pnrposes in the bottom opposite Riley City; also fractional section one on the west side of the reservation, nearJunction City, for the same purposes; and also to restore, from time to time, to the public domain, any portion of the military reserve over which the Union Pacific railroad or any of its branches may pass, and which shall not be required for military purposes; the same when so restored to be subject to existing laws concerning public lands, in the same manner‘ that they would have been if the reserves l ad never been made; but the President is nod to permit the location of any such railroad or the diminution of any such reserve in any manner so as to impair its usefulness for military purposes, so lone as it shall be required therefor.
Mr. HOWARD i I wish to suggest a verbal amendment, to strike out the word “ the” be f“ore “approval, ” in line 3, so as to read, subject to approval by the President.”
The PRESIDING OFFICER. That amendment will be made ifthere be no objection.
Mr. BROWN. I rather think this jointres olution ought to be referred to a committee, or else we ought to have some explanation of it from the Senator who has presented it.
Mr. HOWARD. I do not deem it necessary to refer thisJtResolution to any committee. I It simpl grants the right of way to the Union Pacific Railroad Company across military re ] serves wherever the line shall run through those reserves, under such rules and regulations as the POTUS shall approve. It is necessary particularly in regard to the military reserve at Fort Riley. The company now at work there in constructing the eastern division of the Union Pacific railroad find it' necessary to have such a law as this passed in order.to enable them to pass through that reservation.
Mr. GRIMES. I inquire how much land is embrac' in “fractional section one” on the west side of the Fort Riley military reservation near Junction City.”
Mr. HOWARD. Iam not able to inform the Senator as to the exact amount, but no more is to be cc pied by the road than is necessary for the accommodation of the line and its necessary buildings. Of course it will be for the Dept to see to it that no more is taken than is absolutely necessary for the road.
Mr. SHERMAN. Has this resolution ever been referred to an committee?
Mr. HOWARD. I do not deem it necessary to refer it at this period of the session.
Mr. SHERMAN. The 20 acres of land granted at Fort Riley may be of immense value. It seems to me the resolution ought to be examined by a committee.
Mr. GRIMES. It not only grants 20 acres of land at Fort Riley, but it also grants a fractional section, which may be 100 acres or 600 acres. It certainly ought to go to the Military Committee, that they may let us know what the War Dept has to say about the propriety of cutting up this military reserve. I make that motion, that the JtResolution be referred to the ComMilAffrs.
Mr. CONNESS. It will not delay it may terially.
Mr. HOWARD. It will delay it so that it will not be passed at this session. I hope the resolution will be passed at once without a reference.
The PRESIDING OFFICER. The question is on the motion of the Senfrom owe to commit the JtResolution to the ComMilAffrs . The motion was agreed to. GEORGETOWN AQUEDUCT.
Mr. HENDERSON. I move to take up for consideration the bill (S.No.395) relating to the aqueduct bridge of the Alexandria Canal Company over the Potomac river at George town, in the DistCol. The motion was agreed to.
Mr. GRIMES. I move now 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. I hope it will not be
###HOUSE OF REPRESENTATIVES. Tunsnsv, July 10, 1866. The House met at 12 o’clock in. Prayer by the Chaplain, Rev. C. B. BOYNTOX. On motion of Mr. RICE, of Maine by unan imous consent, the reading of the journal of yesterday was dispensed with. PERSONAL EXPLANATION.
Mr. LeBlOND. I ask unanimous consent to make a personal explanation. There was no objection.'
The Speaker. The Chair has been re uested by the Gentfrom Maine, Mr. LAINE, to ask leave of absence for him for the remainder of the session, on account of indisposition. Leave was granted. On motion of Mr. TROWBRIDGE, indefinite leave of absence was granted to Messrs. Ursox and BEAMAX. TAitirF BILL.
The Speaker. stated the 1st business in order was the unfinished business of yesterday, House bill No. 718, to provide increased revenue from imports, and for other purposes, reported on yesterday from the ComWhole with amendments; upon which
Mr. MORRILL. I yield the floor to the Gentfrom Illinois, [Mr. wENTWORTH.]
Mr. DELANO. I shall have a few words to say before I have done to my friends of the West who are accused of hostility to this bill, and who thereby furnish an excuse to Newl, England to deviate from he rlegitimate policy, as laid down by the Gentfrom Iassachusetts, [Mr. Bovrwsi.i.] I am very glad to hear from that gentleman that the genera! pol icy of NewEngland is to protect all the interests of the country. And I be of NewEng land now to show her faith by or works, and not by her words only. If others in other parts of the country, with whom NewEngland desires to act in harmony, are unwilling to walk up to the line that NewEngland believes to be the just line, still I ask NewEngland to stand up to what the country expects from her, and go for that principle of equal protection to all the interests which she says she is in favor of. God forbid that I should be understood as having any feeling against NewEngland.
Mr. DAWES; Will the gentleman yield to Inc for a moment?
Mr. DELANO. Iwill yield for an explanation, but I have not time to yield for a speech.
Mr. DAWES. I want to ask the gentleman if he desires NewEngland to vote for this tariff bill upon the West against the wishes and the denunciations of the Vest. I say to him that NewEngland is ready to vote for this tariff bill if the West wants it. But NewEngland is not ambitions to furnish the West a tariff bill and then have the West relieve itself of all reponsibility for it and heap upon NewEngland the denunciations that have been heaped upon her in the past. She does not want the responsibility of this bill shifted from the shoulders of those who the Gentfrom Ohio [Mr. DEL ANO] has well said have more interest in it than ever we have had in any tariff bill that has ever been passed. We are content with things as they are; we are content with the ill; we are content with things as they are rather than with the bill, if we are to carry the load of denunciations that is heaped upon us from the West.
Mr. DELANO. God bless NewEngland, I was about to say for her love for the West!
Mr. DAWES. We do not want it to be understood that we are forcing this tariff bill upon the country; we do not want it to be understood by your leading organs in the West that NewEngland interests are forcing their protection upon you and upon the West. We say firmly to you, on may c this tariff, we will abide by it, and y the present state of things, if you desire it.
Mr. WEN' ‘WORI‘H. And all of them have 2 lambs!
Mr. HUBBARD, of Connecticut. Will the gentleman yield for one word?
Mr. HUBBARD, of Connecticut. I desire to say to my friend that I believe there is one State in NewEngland that does want this tar ilf, and that is the State of Connecticut. I believe that all of her interests, agricultural, commercial, and manufacturing, will be promoted by it, and I intend to vote for it.
Mr. DELANO. Thank you, sir. Good for Connecticut. She is a glorious State and has kept up the banner of the Union lately, and I trust s c intends to do it in the future.
Mr. HUBBARD, of Connecticut. Yes, sir she sent 54,000 men into the field to fight for the flag, with only half a million of poulation.
Mr. DELANO. Nobody will suppose that I have any feeling against NewEngland, or that I have come here today to as erse her. I want to present this question toNewEngland and the Vest in its true light, and I have feebly attempted to do it in some of its phases and asnects. There is one other fact that I desire to call the attention of this House to. I spoke of the importation of 87 million pounds of wool in 1864. That, sir, did not include 8 million pounds of what do you call it? Shoddy? 8 million pounds of shoddy. I do not know but I have ot some of it on. May be some of the rest 0 you have. In the last 4 years 27 million ounds of shoddy have been imported into the U.S. competing with our wools. The people of the U.S. in 4 years have bought and paid for 27 million pounds of the old clothing of what the Gentfrom Iowa [Mia GIUNNELL] calls the lazzaroni of the East. Gentlemen of the West, do you want to continue this disgraceful state.of things?
Mr. KELLEY. I want to say to the gentleman that he makes a mistake when he says only 27 million pounds have been imported in 4 years. There has been twice that amount brought in in the shape of manufactured goods our own old clothes coming back to us as new cloth.
Mr. MORRILL. I desire to give notice that I shall endeavor to reach a vote on this question at half past 3 o’clock.
Mr. VOODBRIDGE. Will the gentleman yield to me for a moment?
Mr. KASSON. I would rather yield when I have got through my argument. But if the gentleman desires it, 1 will yield now.
Mr. WOODBRIDGE. I merely wish to say to the Gentfrom Iowa [Mr. hassos] that we Puritans of newEngland do not war against the laws of providence. Andif 50 years hence we find we cannot raise wool there, we will raise something else, for we can do it. But we ask the gentlemen of the West to come forward and hel us now, and also help the West, and God will take care of the future.
Mr. GRISWOLD. Will the gentleman tell me what branch of our manufactures, except of coarse cottons, can stand the free admission of foreign goods to comete with it? And I would ask further whether his ideas of free trade are not derived from these free trade tracts published by the Free Trade League of which he is a member?
Mr. KASSON. I will answer, Mr. Speaker, that that gentleman is much better informed as to the purposes, object; by laws, and organization of the Free Trade League than I am. I know nothing whatever of its purposes, except the general purpose which has been maintained by some of tie best statesmen in this country, that a tarifi" should be created for revenue with incidental protection to the industry of this country. I think that is right, and if it is not the principle of the Gentfrom NewYork I think he is entirely wrong.
Mr. GRISWOLD. Do I understand the gentleman to say that he was not aware that he was one of the officers of the Free Trade League?
Mr. KASSON. No, sir. I understand that I have the distinguished honor of being a councilor” elect to it, and I am now giving my counsel to it and to all the people of the country, and I hope they and my friend will take the counsel I offer.
Mr. WOODBRIDGE. I congratulate the Free Trade League on having so able a mum sel. Now I ask him whether he approves of this paper that is on my desk entitled “An Address from the Free Trade Association of London to the American Free Trade League of NewYork.”
Mr. KASSON. I shall have to give time to the gentleman to read it, for I have never read it myself. Those gentlemen who are so well informed I hope will be duly impressed by whatever information they have. As for myself, I speak from an American point of view. They may speak from a British point of view.
Mr. DAVIS. The gentleman as stated that in his travels in this country he has found evidences of new manufactories springing up in every direction. I want to know in what part of the country he has found the people so fortunate now as to be able to embark in new, untried manufacturing enterprises.
Mr. KASSON. I do.not think the gentleman can go into the city of Baltimore without seeing 3 large new establishments, before he enters the city, going up. And there are many establishments in Connecticut which, from information that I have received of a perfectly reliable character, have made from 50 to 150%. on the in vestment during the last year.
Mr. DAVIS. The gentleman is stating upon information and belief. I will say to him that today in the city of Syracuse 3 large establilshments engaged in the manufacture of iron have closed their doors, and that 1/3rd of all the salt blocks are unoccupied and not run mn
Mr. KASSON. I can point my friendfrom NewYork to some 15 or 20 mercan tile and banking concerns and numerous other business concerns that have gone down. There is not an branch of industry very probably that has not suffered in some of its members. I can point to farmers almost ruined by embarrassment, who can hardly get enough to take what they have to market and realize clothing and shelter under your high protective 'system. And now what does this bill do? It raises the tariff on lumber, which is so necessary to the western prairie farmer; on nails, without which he cannot drive his boards on his house or build his fence; and on salt, without which he cannot preserve his beef and ork. There is hardly a thing we consume which this bill forgets to raise the duty upon. Every prominent necessity of life, food, fuel, shelter, and clothing, is embraced and made more expensive to the consumer throughout the country. Even on boys’ ocket knives the duty is increased about t ree times 600%. one member of the committee tells me. And yet it is said this is a tariff for mere protection. Why, sir, you are protecting the American people until they will not be able to buy one solitary thing that is protected if this system is to go on.
Mr. DAWES. I understand the Gentfrom Iowa to base his hostility to this bill upon the fact that it is in the interest of eastern ralanufacturers and against the interests of the est.
Mr. KASSON. No, sir; I think if the gentleman’s ears were as open as they usually are he would understand very well that my objection to it is that it is an attempt to legislate for special interests, and then to iialance the good done to one by the injury done to another. I give NewEngland credit as not being responsible for this bill. NewEngland is necessarily moderate in her tariff views if she is loyal to all her great interests. She builds ships and sends seamen afloat on the ocean; she carries our commerce across the great waters. She has no right to a prohibitory tariff or to be an advocate of one. She would sacrifice the interests of half her, people for the benefit of the other half if she was. I say, therefore, that NewEngland ought not to support this bill.
Mr. DAWES. In whose interest is this bill?
Mr. KASSON. In the interest of every manufacturer whose interest is protected by increasing the bounties on manu actures to be paid by the people who consume them. whether they be in the East or in the West. The manufacturing concerns have got from 20 to 600%. added to the tariff on various manufactures. Now, sir, under these circumstances I askif any gentleman who seeks to protect to some extent the consumers of this country, who constitute the great mass of the people, can possibly s11port this bill. Sir, I know very wel that the iron interest, the cotton interest, the glass interest, and many others, can send gentlemen here to advocate their interests, and that they may be heard before the committee and may fill our lobbies; but the great interest of the consumers of the country is not organized into a system of mu tual protective associations. That interest must e heard by members on this floor who seek to protect it. It must be heard here as much as these organizations of capital. consumption represents millions; capital only 1000s. I repeat, in conclusion, that my objection to this bi l rests upon the ground that it goes upon a false theory, that it enables one portion of the people of the country to derive althe benefitof its enactment into law at the expense of the other portion, and opens no opportunity for the manufacturers of. this country to under sell any foreign country in the markets of the world.
Mr. WILSON, of Iowa. I ask the Gentfrom Ohio to yield me ten minutes.
Mr. WILSON, of Iowa. I rise more for the purpose of explaining the motion which I intend to submit to the House than for the purpose of submitting any remarks upon the bill, though I cannot permit this occasion to pass without noticing the peculiar position in which I find this measure standing cfore the House. NewEngland has nothing to do with it and does not desire it to pass.
Mr. DAWES. We do not repudiate it, neither do we father it.
Mr. WILSON, of Iowa. That is to say that if they can etthe West to vote for it, they are willing to ta c the benefit ofit.
Mr. DAWES. We will go for it if you will.
The SPEAKER. The ten minutes of the Gentfrom Iowa have exired.
Mr. GARFIELD. I yield 5 minutes to the Gentfrom NewYork, [Mr. Donna]
Mr. KASSON. I bet7to correct the gentleman. I said distinctly dint in the West, on the prairies and on the plains where land is grass abundant, and the winters mild, we cshheoaupd. ultimately be able to compete with the world.
Mr. GARFIELD. Then what became of his praise of the superior advantages of South America? I did not so understand the gentleman. Now. sir, Iam surprised that any representative from the State of Ohio, where we have 6 million sheep and where we raise one 5th of all the wool in the U.S., should he found to oppose this measure as being framed in the interest of NewEngland. Let me no tice another agricultural feature of the bill. There are 50 ships trading constantly with Calcutta, bringing India flaxseed to our shores. In order to encourage the home growth we have raised the duty on flaxseed from 16 to 30 cents perbushel, and on linseed oil from 23 to 30 cents pergallon; yet gentleincn say this is a bill for NewEngland. If there be any protection in any existing law more clearly in‘ the interest of agriculture, I shall be obliged to any gentleman if he will name it. Now, I do not deny that there are some feat ures in this bill which I desire to'see changed. I believe we ought to reduce and I believe we shall reduce the proposed duty on several articles named in this bill. But ifa dozen articles out of the 100s named in this bill should be somewhat reduced, I would be pleased if any gentleman here would point out its supposed exorbitant features and alleged enormi ties. It is very easy to join in agciierafclamor which others have raised, but not so easy to state the cause of the outery.
Mr. FAItQUHAlt. I desire to ask the gentleman what, in his judgment, would be the effect of increasing the duty on railroad iron 100%., as it is increased by this bill, including the amount of deduction made by the internalrevenue bill, upon the greatiuterests of the West, now largely engaged in the construction of additional railways.
Mr. GARFIELD. I am willing as a compromise, and to favor the building of railroads, to vote for a reduction of the proposed duty on railroad iron, and I presume the ComWays&Means will agree with me in this. I think we should also reduce the proposed duty on salt, andI have no doubt in several other particulars we will be able to reduce the rate ot'duty.
Mr. STEVENS. Why not at once come out honestly and accept the proposition of the Gentfrom Iowa, [Mr. wH.SON] which is a much better and moreingenuons one?
Mr. GARFIELD. I will tell the gentleman The Gentfrom Iowa. [Ma Kassos'] says we ought to adopt the policy of protecting the industries of this country that we can make money at, and if the people cannot make money out of manufacturing enterprises, let them go into something more profitable. He says we can raise grain for the world without protective legislation. Let me repeat to him a little of the history of grain raising in this country. There was a time when NewEngland was (1 eat grain raising country. At a later period NewYork was the granary of the New orld. Later still the granary was Pennsylvania, then Ohio; then still further to the West. But what is the situation now? NewEngland raises wheat enough to feed her people 3 weeks in the year; NewYork raises enough to feed her people 6 months; Pennsylvaniajust about enough to supply the wants of her people with none to spare, and Ohio produces a surplus of 3 million bushels. You must now go to the prairies of the West before you reach the granary of this count.
Mr. ELDRIDGE. I would like to ask the gentleman if NewEngland, at the time she raised a large quantity of grain, was in favor of a taritfanythinv like this.
Mr. WILSON, of Iowa. Permit me to correct the gentleman, for he is entirely mistaken in regard to the proposition I made. It does not pick out a few interests, but leaves a mar gin on everything embraced in the bill not exceeding 25%.
Mr. STEVENS. I desire to inquire whether it is the understanding that debate shall now close.
Mr. MORRILL; I propose that debate shall close when the Gentfrom Pennsylvania [Mr. STEVENS] shall have concluded.
Mr. FARQUHAR. Will the Gentfrom Pennsylvania allow me to interrupt him a moment?
Mr. FARQUHAR. I desire to inquire of the chairman of the ComWays&Means [Mr. MON BILL] whether the arrangement was not that debate should close on the conclusion of the remarks of the Gentfrom Ohio, [Mr. Guinean]
Mr. MORRILL. That was the understanding. We did not then know that the Gentfrom Pennsylvania desired to speak. The gentleman will recognize the propriety of giving the senior member of the house 5 to ten minutes if he desires it.
Mr. FARQUHAR. I shall be very happy, of course, to have the distinguished Gentfrom Pennsylvania proceed with the debate; but I simply desire to say this: after hearing yesterday the remark of the honorable chair 4 'very soon commence to vote. man of the ComWays&Means with regard to the range of debate which might be allowed today, I preared some remarks which I had hoped to be allowed to present, that my people might understand my reasons for the vote which I may have to give. Understanding, however, that debate was to be closed, I cheerfully waived the privilege of making those remarks. I am, however, very desirous to hear the Gentfrom Pennsylvania.
Mr. STEVENS. I will surrender the floor to the Gentfrom Indiana, [Mr. FARQU 11.13]and then let the debate close. Several MEMBERS. Let us vote now. 0
Mr. MORRILL. I certainl desire to accommodate gentlemen of the house. but I did hope that we should be able to reach a vote upon the bill and close it today. There are, I understand, several other gentlemen who would like to speak; but it is obvious that if we are to dispose of the bill today we must I do not desire to exclude any remarks of the Gentfrom Pennsylvania or the Gentfrom Indiana; but if neither gentleman desires to occupy any time now I propose Mr. Speaker, that the several amendments which it was agreed might be offered at this stage of the bill shall now be proposed; that the previo'us question shall then e called upon the amendments; and after that the motion of the Gentfrom Iowa
Mr. wILSON] and that of thagentlemau from as sacliusetts
Mr. STEVENS. had intended, Mr. Speaker, to make a few remarks on the mer its of the bill; but I see that under the circumstances it might not be fair to other gentlemen. Besides, as a remark made by the last speaker, [Mr. GARFIELD] with reference to the course of the ComWays&Means upon the bill renders it quite probable that I' shall not be able to vote for the bill in the shape it may finally assume, I feel the less desire now to make any remarks in advocacy of the measure.
Mr. FARQUHAR. I desire to say to the House and to the distinguished Gentfrom Pennsylvania that mg purpose in rising was not to interpose any 0 jection to the gentleman proceeding with his remarks; and I be e that he will not.so regard it.Mr. STEVENS. Not at all; but I see the impropriet of my occupying the time.Mr. MO RILL. I move on page 9, line 6, to fill the blank with “ 3, so that it will read, “on cotton, raw or unmanufactured, 3 cents perpound.”.
Mr. MORRILL. I now yield the floor to the Gentfrom Iowa [Mr. Wilson] to move an amendment to the following paragraph on page 21: On iron bars for railroads or inclined planes, made to pattern, ready to lay down, one cent perpound.
Mr. WILSON, of Iowa. I enter a motion to strike out “one cent perpound, " and in lieu thereof to insert “ 70 cents per 100 pounds.”
Mr. FARQUHAR. I move still further to amend by making it “ 50 ” instead of “ 70.”
Mr. ALLISON. I move to make the duty on cotton 5 cents perouud.
The Speaker. That has been already passed, the duty being fixed at 3 cents perpound by vote of the House on motion of the Gentfrom Vermont.
Mr. MORRILL.' No one seems disposed to move an amendment in reference to coal, and I therefore demand the previous question.
Skip Skip The previous question was 2nds and the main question ordered. An understanding, by unanimous consent, was entered into that the amendments of the ComWhole on the state of the Union should be considered as agreed to in gross, excepting those on which separate votes might be asked. The 1st amendment, on which a separate vote was asked by Mr. Asmsou, was to strike out “nine” and insert “ten;” so that the par agraph will read, “on iron in pigs, ten dollars perton."
Skip Skip The House divided; and there were ayes 35, noes 83. So the amendment was non-concurred in.
Mr. WASHBURNE, of Illinois, mtRtv the amendment was rejected; upon the table. agreed to. The next amendment, on which a separate vote was asked by Mr. Donos, was to strike out “crash”’in the following paragraph: 0n brown and bleachedlipen, damasktable linen, brown Hollands, blay, coatings. crash.duck, drills, diapers, and huckahucks, valued at 30 centsor lessper squareyard, 6 centsper squareyard. and, in addition thereto, 30%. advalarcm.
Skip Skip The House divided; and there were ayes 84, noes not counted. So the amendment was concurred in. The next amendment on which a separate vote was asked was the following: Strike out the words. "on all bitumine us coal tmhiirnteyddaengdreiemsopfolrotnedgfitruodme aenaystpolfa Wceansohtinmgtoorne.tfihfatny centsper ton of 28 bushels, 80 pounds to the bushel;" and in lines 254 and 256, strike out the i nwgotrodns, " 30 degreesof longitude east of Wash:" so that t o paragrap will read: On candle on cannel coal and on all bitumine us goal mined and imported from any port or place,515oper ton oftwent ciglt bushels.eighty pounds to th ebushel: 9n anthracite, and all ot or coal not heroin otherwise provided for, 81 50 perton of 28 bushe 80 pounds to the bushel onleo e and culm 0 coal. 25%. acl vu orem
Skip Skip The House divided; and there were ayes 77, noes 59. Mr. RANDALL, of Pennsylvania, called for the yeas&nays. The yeas&nays were ordered.
Skip Skip The question was taken; and it was decided in the affirmative yeas 75, nays 72, not voting 35; So the amendment was concurred in. During the vote, Mr. WASHBURN, of Indiana, stated that his colleague, Mr. Srinwsim, who would have voted for the amendment, was paired with Mr. BLAINE, who would have voted against it. The vote was then announced as above recorded.
The Clerk read: The next amendment on which a separate vote was asked was the followmg; Strike out all after the enactingclauseof section 18 and insert, “ thatthe SecyTreasury be and he is hereby, authorized to extendto the Alabama and Florida Railroad Company(of Florida aerodit of 5 yearson the duties on the railroad iron and fastening: necessaryto relay 37 miles of the track ot‘ road, the Alabama and Florida rail betwepnthe city of bamaState me. From which Petnhsearcaoills and fatshtoenAilnaiza were removed by the rebel forces against the remonstranccsol ‘the offiecrsof said companylduring the late rebefion: Prymilrd, That the said railroad company shall 1st give security, to the satisfaction of the said Secretary, for the payment in coin of such duties With semi annual interest mt the rate of 6%.on or hetero the ('Xglrtl UO'oDf said credit: and that the said iron shall o usedfor no purpose bpauitd than before stated until said duties have been cap further. that the U.S. authorities use said securities in payment for any servtees said railroad companymay render for them, should any servicesberendered."
Skip Skip The question being taken on agreeing to the amendment, there were ayes 60, noes 72. Mr. BINGHAM demanded the yeas&nays. The yeas&nays were refused. So the amendment was disagreed to. Mr. WASHBURNE, of Illinois, mtRtv the amendment was disagreed to; upon the table. agreed to.
The Clerk read The next amendment reported from the ComWhole upon which a separate vote was reserved was on page 89, section 12, line ten, tostrike out “ ten" and insert“ 30;” so that it will read, “on apples, garden fruit, and vegetables, 30%. advalorem.”
The Clerk read The next amendment reserved to aseparate vote was on pit e 40, line 2se n to strike out “ten” an insert “ 20;" so that it will read, “on potatoes, 20 cents perbushel.”
The Clerk read The next amendment reserved for a separate vote was on page 41, lines 15, 16, and 17, in regard to lumber, to strike out the words “six dollars or less per 1,000 feet, one dollar per 1,000 feet; when valued at over 6 dol ars and, ’.’ so that it will read, “when sawed and valued at not over ten dollars per 1,000, 2 dollars per 1,000 feet."
Skip Skip The amendment was agreed to ayes 72, noes 46. Mr. FERRY mtRtv The amendment was agreed to; on the table. agreed to. The next amendment reserved fora separate vote was on page 40, after line 16, to insert, “on ten, 12 and a half cents perpound.”
Skip Skip The amendment was agreed to ayes 90 5, noes not counted.
The clerk read The next amendment reserved for a separate vote was to insert after the amendment just read, “on coffee, 2 and a half cents perpound.”.
Skip Skip The amendment was agreed to. Mr. WASHBURNE, of Illinois, mtRtv the last 2 amendments were agreed to; upon the table. agreed to.
The Clerk read The next amendment reported from the ComWhole, on which a separate vote was demanded by Mr. Witsox,0 Iowa, was on page 21, line 148, in relation to'railroad iron, to strike out “one cent perpound” and insert “ 70 cents per 100 pounds, ” to which an amendment was moved by Mr. FAHQUHAR, to strike out “70” and insert “ 50, ” so that it will read, “on iron bars for railroads or inclined planes, made to attern, ready to lay down, 50 cents per 100 pounds."
Skip Skip The question being taken on the amendment to strike out “ 70 ” and insert “ 50, ” there were ayes 62, noes 72. Mr. ALLISON demanded the yeas&nays. The yeas&nays were ordered. The question being taken, it was decided in the negative yeas 57, nays 90, not voting 35;. So the amendment was disagreed to. During the roll call, Mr. AUCONA said: My colleague, Mr. DENisos', is absent on account of sickness; if he had been here I think he would have voted With me on all these amendments. The result having been announced as above recorded, The question recurred on the amendment to strike out “one cent peround” and insert “ 70 cents per 100 pounds." Mr. STROUSE. I demand the yeas&nays. Mr. SPALDING. I move that the House adjourn. IThe motion was disagreed to ayes 48, noes 98.
Skip Skip MESSAGE FROM THE sauna. A message from the Senate, by Mr. Foiutsr, its Secretary, announced that the Senate had passed a bill (S.No.386) to enlarge the pubic grounds surrounding the Capitol. BNHOLLED BILL.
Mr. TROWBRIDGE, from the ComEnrollBill, reported that they had examined and found truly enrolled a bill of able following title; when the Speaker signed e same: An act (H.R.No. 730) relating to pilots and regulations.
Skip Skip FROM THE SENATE. A message from the Senate, by Mr. FORNEY, its Secretar, announced that the Senate had passed a hi 1 (S.No.401) to increase and fix the military peace establishment of the U.S., in which the concurrence of the House was requested. The message further announced that the Senate had passed without amendment a bill (H.R.No. 726) to extend to certain persons the privilege of admission, in certain cases, to any of the U.S. Government asylums for the insane. The message further announced that the Senate had passed a bill (H.R.No. 334) to fix the number of the judges of the SCOTUS, and to change certain judicial circuits, with an amendment, in which the concurrence of the House was requested. oorheiid, Morrill, TARIFF BILL AGA IN. The question recurred upon the amendment to reduce the duty on iron from one cent perpound to 7. cents per100 pounds, upon which Mr. STROL'SE had called for the yeas&nays.
Skip Skip The yeas&nays were ordered. The question was taken; and it was decided in the affirmative yeas 109, nays 39, not voting 34;. So The amendment was agreed to. Mr. ALLISON mtRtv The amendment was agreed to; on the table. agreed to.
Mr. EGGLESTON. I move that the House nd'onrn.
Mr. WILSON, of Iowa. Will the Gentfrom Ohio [Mr. EGGLESTON] yield to me for a moment?
Mr. EGGLESTON. Certainly. UNION PACIFIC RAILROAD, EASTERN DIVISION Mr. WILSON, of Iowa. I desire to enter a motion to reconsider the vote referring to the ComPacificRR ii. bill explanatory of an act to amend an act entitled “An act to amend an act entitled ‘An act to aid in the construction of a railroad and tele graph line from the Missouri river to the Pacific ocean, and to secure to the Government the use of the same for ostal, military, and other purposes.’ approved7 July 1, 1862, " approved uly 2, 1864. The motion was entered upon the Journal.
Mr. EGGLESTON. I now renew my motion to adjourn.
Skip Skip The question was taken; and upon a division there were ayes 63, noes 80. $0 the motion to adjourn was not agreed to; TARIFF BILL AGAIN. The next question was upon the amendment of Mr. Pnres to the paragraph in section 9 relhting to the duty on salt, to strike out “ 42” and insert “ 36, ” and to strike out “ 30 ” and insert “ 24;” so that the paragraph would read as follows: On salt insanks, barrels.andotherpaekngesJhir 6 cents per100 pounds; on salt in bul, 24 centsper100 pounds.
Skip Skip The question was taken; and upon a division there were ayes 86, noes 32. Before the result of the vote was announced, Mr. DAVIS called for the ycns&nays. The yeas&nays were not ordered. The amendment was accordingly agreed to. Mr. MOULTON mtRtv The amendment was agreed to; on the table. agreed to. The next question was upon the motion of
Skip Skip The question was taken; and upon a division there were ayes 54, noes 74. Before the result of the vote was announced, Mr. LAWRENCE, of Ohio, called for the ycas&nays. The yeas&nays were not ordered. The motion to strike out was accordingly not agreed to. The question then recurred on ordering the bill, as amended, to be' engrossed and read a 3rd time.
Mr. WASHBURNE, of Illinois. I move that the bill be recommitted to the ComWays&Means, with instructions to report the same at the next session, with such modi lications or changes as they may see ittomake; and upon that motion I demand the previous nestion.
Mr. ELDRIDGE. on the table. The motion was not agreed to.
Mr. McKEE, (at 20 minutes past 5 o‘clock p. m.) I move that the House now adjouru. The motion to adjourn was not. agreed to. The nestion recurred upon 2nding the than for the previous question. I move to lay the bill
Mr. WILSON,0fIowa. Will the gentlemen from Illinois [Mr. wASBHURNE] withdraw the call for the previous question to allow me to move an amendmentt his motion?
Mr. WASHBURN f. of Illinois. I will withdraw the motion for that purpose.
Mr. WILSON, of Iowa. I move as a substitute for the motion of the Gentfrom Illinois [Mr. WASiinUnXi l] that this bill be recommitted to the ComWays&Means, with instructions to report a bill embracing the 1st section of the pending bill; the 6th and 12th sections, as originally reported, and includin the amendments relative to the duty on ten an coffee; the duties on lin seed, flaxseed, hempseed, rapeseed, and upon oils manufactured therefrom, as provide in the bill; a reduction of the duty on railroad iron to 70 cents per 100 pounds; a reduction of all other rates embodied in the bill to a standard not higher than the actual necessities of the interests affected thereby require, not exceeding in any case 25%. above the rates now fixed bylaw; and section 14, and all subsequent sections, with such changes as previous modifications may require. if any.
Skip Skip Mr. WASHBURNE, of Illinois. I now call the previous question. Mg. HOTCHKISS. mtRtv the House agreed to, the amendment of the ComWhole in regard to the duty upon bitumine us coal, and upon that motion I call the yeas&nays.
Mr. JLTHOMAS, (lat 25 minutes past 5 o’clock p. in.) move t iat the House adjourn.
Skip Skip The question was taken; and upon a division there were ayes 38, noes 95. MBerfoJrJe. the resultof the vote was announced. L. THOMAS called for the yeas&nays on the motion to adjourn. The question was taken upon ordering the yeas&nays and there werchayes 15, not one 5th of the members present. Mr. JLTHOMAS called for tellers on ordering the yeas&nays Tellers were not ordered. The yeas&nays were not ordered. And the motion to adjourn was accordingly not agreed to. The question recurred upon the motion of Mr. HOTCHKISS to reconsider the vote agreeing to the amendment in relation to bitumine us coal. Mr. STEVENS. I move to lay the motion to reconsider on the table. The question was taken and upon a division there were ayes 81. noes 52. Before the result of the vote was announced, Mr. HOTCHKISS called for the yeas&nays. The yeas&nays were ordered. The question was taken; and it was decided in the affirmative ycas 73, nays 70, not voting 39; So the motion to lay the motion to recon sider on the table was agreed to.
Mr. ELDRIDGE. I move to lay the bill on the table.
Mr. WARD, (at 20 minutes to 6 o’clock p. m.) I move that the House now adjourn.
Skip Skip The question was taken; and upon adivision there were ayes 50, noes 84. So the motion to adjourn was not agreed to. The question recurred upon the motion of Mr. ELDRIDGE to lay the bill on the table. Mr. ELDRIDGE. Upon that motion I call for the yeas&nays. The yeas&nays were ordered.
Mr. FARNSWORTH. I move that the House adjourn. The motion to adjourn was not agreed to. The nestion was then taken on the motion to lay the bill on the table; and there wereyeas 2 5, iiays 121, not voting 36; So the motion to lay the bill on the table was not agreed to. The question recurred upon 2nding the call for the previous question upon the motion to recommit.
The SPEAKER. If the previous question is 2nded, and the motion ‘to recommit. should be voted down, the previous question will not be exhausted until the 3rd reading of the bill.
Mr. ASHLEY, of Ohio, (at ten minutes to 6 o‘clock p. in.) I move that the House now adjourn. The motion was not agreed to. The question recurred upon the amendment proposed by Mr. Witsos, of I0wa. to the motion of Mr. wASHBURXE, of Illinois, to recommit the bill to the ComWays&Means with instructions to report a billern 1, bracing the 1st section of the pendinghillf‘ the 6th and 12th sections, as originall reported, and including the amendments resave to the duty on ice and coffee, the daties on linseed. flaxseed, liempseed, rapeseed, and upon oils manufactured therefrom, as provided in the bill; a reduction of the duty on railroad iron to 70 cents per 100 ouiids; a reduction of all other rates embod ied in the bill to a standard not higher than the actual necessities of the interests aflected thereby require, not exceeding in any case 25%. above the rates now fixed bylaw; and section 14, and all subsequent sections, with such changes as previous modifications may require, ifany.
Mr. WILSON, of own. Upon that I call for the yeas&nays. The yeas and iiays were not ordered.
Skip Skip The question was taken; and upon a division there were ayes 31, noes not counted. So the amendment was not agreed to.' The question recurred on the motion of Mr. wasnnvann, of Illinois, that the bill be recomniitted to the Committee of. Ways&Means, with instructions to report the some at the next session of Congress with such modifications or changes as they may see fit to make. Mr. WASHBURNE, of Illinois, called for the yeas&nays. The yeas&nays were ordered. The question was taken; and it was decided in the negative yeas 62, nays 87, not voting 83;. So the motion to recommit with instructions, as proposed by Mr. Wasanuass, of Illinois, was not agreed to. The bill was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time. The question being on the passage of the bill, Mr. MOItltILLcalled the previous question. The previous question was 2nde and the main question ordered.
Mr. ELDRIDGE. I move that the bill be postponed until the 1st Mdhday of December next.
The Speaker. That motion cannot be entertained now, as the main question has been ordered upon the passage of the bill.
Skip Skip Mr. FINCK. call for the yeas&nays 0n the passage of the bill. The yeas&nays were ordered. The question was taken; and it was decided in the atiirmative yeas 95, nays 62, not voting 85; So the bill was passed. During the call of the roll the following announcements were made: Mr. POMEROY. On this question I am aired withm colleague, Mr. humans. 11' he were here ie would vote against the bill, while I should vote for it. Mr. KETCHAM. My colleague, Mr. RAY. storm, is aiyed on this question with the Gentfrom Pennsylvania, Mr. BROOMALL. My colleague, if he were here, would vote against the bill, while Mr. BROOMALL, if present. would vote for it. Mr. WASHBURN, of Indiana. My colleague, Mr. STH.Wl H.L, is paired upon this question with the Gentfrom Maine, Mr.] muss. The latter, if present, would vote for the bill; and my colleague, if he were here, would vote against it. The result of the vote was announced as above stated. Mr. MORRILL mtRtv taken; on the table. agreed to. CONTESTRD ELECTION
Mr. PAINE. Mr. speaker I rise to a riv ileged question, and ca l up the report of the ComElections upon the case of Fuller vs. Dawson, from the 21st district of Pennsylvania. I do not desire, of course, that the House shall proceed with the consideration of this question at the present time; my intention is simply that it shall come up as the unfinished business tomorrow morning immediately after the readin of the Journal.
Mr. MORRI L. I move that the House adjTohuern.motion was agreed to; and thereupon the House (at 15 minutes after 6 o’clock p. in.) adjourned.
Skip Skip PETITION. The following petitionwasprosontedgandertherule and Be referredto the proper committee: Mr. HARDIN. of Illinois. A petition of people of pampPoint. Adonis county Illinois for a bridga at Quincy. over the Mississippi river.
@@@IN SENATE SENATE. wEDNESDAY, July 11, 1866. Prayer by the Chaplain, Rev. E. H. GRAY. On motion of Mr. ONNESS, and by unanimous consent, the reading of the Journal of yesterday was dispensed with. EXECUTIVE COMMUNICATION.
The' PRESIDENT protempore laid before the Senate a message from the POTUS, transmitting, in compliance with a resolution of the Senate of the 20th ultimo, a communication from the SecyTreasd furnishin a statement of the moneys exen ed by the U.S.s for the various public works of the Government in each State and Territory of the Union and in the DistCol, from the year 1860 down to the close of the year 1865; which was ordered to lie on the table and be printed.
Skip Skip PETITIONS AND MEMORIA LS. Mr. WILSON presented the petition of C. G. Ryman and others. citizens of Pennsylvania, praying for an increase of the duties on imported goods, so as to afford better protection to American industry; which was referred to the ComFinance. Mr. HOWARD presented the petition of Walter F. Hallcck, late a 2nd lieutenant in the Veteran Reserve corps, praying that he may be reinstated in his former position in that corps, and that he may receive pay and allowances from September 6, 1865; which was referred to the Committee on MilitaryAtfaii s and the Militia. Mr. SI IERMAN‘ presented 2 petitions of citizens of Pennsylvania, praying for an increase of the duty on scrap iron; which was referred to the ComFinance. Mr. HENDERSON presented additional papers in relation to the claim of the University of the State of Missouri for compensation for damages done to their property by the military forces of the U.S.; which were referred to the ComClaims. Mr. WILSON presented the petition of Iames I". Wade, and others, officers of the U.S. Army, praying to be allowed the 3 months’ pay proper allowed officers of volunteers by the act of March 8, 18455;which was referred to the ComMilAdmin; and the Militia. REPORTS OF COMMITTEES.
Mr. LANE, of Indiana, from the ComPensions, to whom was referred a bill (S.No.410) for the relief of Solomon P. Smith, reported it without amendment, and submitted a report in writing; which was ordered to be printed. 'Mr. SUMNER, from the ComForRel, to whom was referred the me morial of James C. Pickett, formerly chaijqe d’affaires to Peru, praying for the passage of a resolution authorizmg the adjustment of his accounts, reported it back with a recommendation that the petitioner have leave to withdraw his memorial from the files of the Senate; which was agreed to. He also. from the same committee. to whom was referred the petition of John P. Brown, secretary and dragoinan of the legation.of the U.S. at Constantine ple, praying for compensation for services rendered to the U.S. in the capacity of charge’ d’aflairea ad interim, reported it back with a recommendation that the petitioner have leave to with draw his petition and other papers from the files of the Senate; which was agreed to.
Mr. MORRILL, from the ComDistCol, to whom was referred a bill (H.R.No. (315plegalizing marriages, and for other purposes, in the DistCol, reported it without amendment. e also, from the same committee, to whom was referred a bill (S.No.384) to incorporate the Washington Land and Building Company of the DistCol, reported it with amendments.
Mr. WILSON, from the ComMilAffrs , to whom were referred the following)etitions and memorial, asked to be discharge from their further consideration; which was agreed to: 2 petitions of citizens of Mercer county, NewJersey, who were mustered into the service of the U.S. in the years 1861, 1862, and 1803, praying for the balance of the bounty which they allege to be due them; A petition of officers of the Army, stationed in Texas, praying for a renewal of the law an, thorizing an increase in the commutation of officers’ rations' A petition of Edmund F. Prentiss, of the 2nd RhdIsland infantry, praying for a bounty of $100; A petition of Edward Jenkins, of the 4th regiment U.S. colored troops, praying forAa bounty; petition of Samuel Iledfield, praying that the soldiers of the war of 1812may be included in the bill for the equalization of bounties to soldiers; A petition of Henry Hofen, praying for a bounty; A petition of citizens of NewYork, praying for the organization of a military corps to consist of officers and privates on the pension list who may volunteer to enter the military service of the U.S., and that all officers who may so volunteer may be allowed to hold the same rank as before being mustered out of service; and A memorial of the Legislature of Ohio, in favor of an increase of the regular Army, and recommending the appointment of competent volunteer officers to fill positions therein. WARD B. BURNETT.
Mr. LANE, of Indiana. I am directed by the ComPensions, to whom was referred the memorial of Ward B. Burnett. praying for arrears of pension, to report a bill (S.No.418) for the relief of War B. Burnett, accompanied by a report, and to ask for its present consideration. It is to remedy a mistake, and give him his arrears of pension for 3 years. The facts of the case are set out in the report, if any gentleman desires to hear it read. There being no objection, the bill was read twice and considere as in ComWhole. It directs that there be paid to Ward B. Burnett the sum of $540, being the balance of pension to which he mm entitled at the rate of 15 dollars per month from the 4th of March, 1868, to te4th of March, 1866, and which was improperly retained from him.
The Secretary read the following report: The ComPensions, to whom was referred the memorial of Ward B. Burnett, havmg had the same under consideration, report: the memorialistwas colonel of the 1st rement NewYork volunteers during the war with once, during which he was severely wounded.andforwhich he wasIpensioned at this rate of 30 dollars c r month, being for total disability of an officer of is rank. He received a pension at this rate u to the n4etheeosfs Marry“ch, 1863. In September, 1863, it ecaine orhim.under a newlaw to submit himself to a biennial examination bysurgeonsappointed for thnt purpose b thoPension offico. Thosur conwho then examine him ronounced him only half disBbIEdd‘WhlOIl reduced dispensionto 15 ollars permon. Since the examination in 1864, he has exhibited to the Pension office the certificatesof Surgeon General Barnes and others, which havesatisfied the Commis. sioner of Pensions that ho was entitled to the full pension of 30 dollars permonth, and he 15 now restored to his former pensionby the Commissioner, from and after the 4th of March, 1866. The Deptnot having the authority to pay the pension in urIrtear, he appealsto Congressfor it is obvious that injustice was donethememorial ist by the examining surgeon in September.1863, and that the injuries receivedin the Mexwan war continued during the time his pension was reduced, and arecertifiedto be the same which producedhis present entire disability. The committee 1 crefore recommend the passage of the bill for his relief, which they herewith report.
Mr. GRIMES. I suggest that the bill be over, and that the report be printed. It is going to establish a very dangerous precedent.
The PRESIDENT protempore. Objection being made, the bill lies over under the rule, and the order to print the report will be entered. PORT OF DELIVERY AT whiteHALL.
Mr. MORGAN. The ComCommerce have had under consideration the bill (H.R.No. 611) to provide for making the town of whitehall, NewYork, a port of deliv cry, and report it back and recommend its passanc. It is a.bill of a single section, and I should be lad to have it acted upon at this time. It' is recommended by the Treasury dept. y unanimous consent, the bill was considered as in ComWhole. It provides that the town of whitehall, in the State of NewYork, which by existing law is a port through which imported merchandise may be exported in bond and for drawback to the adj acent British North American Provinces, be constituted a port of delivery within the collection district of Champlain, and that a deuty collector, as now authorized by laW, shallt ere reside, who shall receive the same compensation as is paid to the deputy collector now stationed at that port. I The bill was reported to the Senate, ordered to a 3rd reading, read the 3rd time, and passed. UNIFORM BANKRUPT LAW'.
Mr. POLAND, from the ComJudiciary, to whom was referred a bill (H.R.No. 598) to establish a uniform system of bankruptcy throu bout the U.S., reported it with amendments. He also, from the same committee, to whom were referred petitions 'of citizens of Iowa and Illinois and a memorial of the Chamber of Commerce of the State of NewYork, prayin for the passage of a uniform bankrupt law, an a memorial of the Board of Trade of the city of Charleston, remonstrating against the passage of a bankrupt law, asked to be discharged from their further consideration; which was agreed to.
Mr. SUMNER. I should like to ask the Senfrom Vermont, who has just reported the bankrupt bill, whether he expects to proceed with its consideration during the present session.
Mr. POLAND. It is not specially in my charge, but I know of no reason why we should not proceed with its consideration.
Mr. SUMNER. As the Senator reported it I thought it might be speciallyin his charge, and that he would 0 able to answer the question.
Mr. POLAND. I am hardly able to give any more definite answer. I know no reason why it should not he proceeded with.
Mr. SUMNER. I hope it may be proceeded Wit., PLATES of WILKEs’s EXPEDITION.
Mr. HOWE. I am instructed by the JtcomLibrary to report a Jtresolution to authorize the use of certain plates of the U.S. exploring expedition by the Navy dept, and I ask that it may be considere at the present time. The JtResolution (S.R.No. 126) was read twice, and considered as in ComWhole by unanimous consent. It prooses to instruct the JtCom on the Li rary to grant to the Navy Dept the use of such of the engraved plates of the U.S. exploring expedition, under Captain Wilkes, now in charge of the committee, as may be desired for the purpose of printing a supply of charts for the use of the Dept.
Mr. GRIMES. I suggest to the chairman of the ComLibrary if he had not better amend that resolution so as to require those plates to be deposited in the Navy Dept. It will be remembered that we have, in accordance with the practice of other maritime nations, this year established a hy drographic bureau in connection with the Navy Dept, where the various charts of the foreign and domcstic seas are to be deposited. Among other plates are these that were made to describe the serve s made by the expedition under Commodore ilkes, which, in the ab sence of having any better place for them, have been left in charge of the Library. It seems to me that the plates properly belong to that bureau, and should be deposited there.
Mr. HOWE. The Senfrom Iowa, I think, is quite right; and when the Navy Dept is prepared to take the whole of that paraphernalia, and take care of it in some fire proof place, the Library would be very glad to get rid of it; but there is an immense amount of it, very little of which the Navy Dept would ever perhaps want to use, and it is hardly worth while, I think, to separate the mass. It is very likely to be lost sight of; at least the completeness of it would be broken up. Just now they want the use of some of these plates; this is what the SecyNavy asked for, and it is perhaps all that we had better do at the present time. The resolution was reported to the Senate, orderengross for a 3rd reading, read the 3rd time, and passed. BILLS INTRODUCED.
Mr. HARRIS asked and by unanimous consent obtained, leave to introduce a JtResolution (S.R.No. 127) in relation to the Amer ican Atlantic Cable Telegraph Company, of NewYork; which was read twice by its title, and referred to the ComCommerce.
Mr. EDMUNDS asked, and by unanimous consent obtained, leave to introduce a bill (S.No.419) repealing an act entitled “An act repealing certain provisions of law concerning seamen on board public and private vessels of the U.S., ” approved June 28, 1864' which was read twice by its title and referre to the ComCommerce.
Mr. GUTHIUE asked.I and by unanimous consent obtained, leave to induce a bill (S.No.420) to revive and conti no in force the provisions of an act granting public lands in alternate sections to the State of Mississippi to aid in the construction of railroads in said State, and for other purposes, approved Au gust 11, 1856; which was read twice by its title and referred to the ComPubLands.
Mr. WILSON asked, and b unanimouscon sent obtained, leave to introduce aJtResolution (S.R.No. 128) in regard to contracts in the quartermaster’s dept; which was read tWice b its title and referred to the ComMilAffrs . ARIZONA AND SON ORA.
Mr. NESMITH submitted the following res olution; which was conSidered by unanimous consent and agreed to: Resolved.That the ComMilAffrs ianngd the Militia be instructed toinquire into the clos of the route from the Arizona has to the port of GImupaeyrmiaals, Son ora, Mexico, by thp Liberal or by the fo reesin Son ora, and in toits effectupon the industrial enterprises of Arizonauand the cost of supplying the U.S.forces in that Territory, and toreport thereon andif anypracticalrem edycan be devised by which the routecan be opened for the transportation of bullion and supplies.
Mr. NESMITH submitted the following resolution; which was considered by unanimous consent and agreed to: Resolved.That the SecyState and the SecyWar he reguested to communicateto the Senateany information they may have in reference to the seizure of propertybe ongini; to citizens of the U.S.residentsof ArizonaTerritory, on the road from the Arizona line to the port of'Gnaymas Son ora. Mexico, by armed bandsof Mexicans; an if said bandswereorganizedupon U.S.territory, and also any information in referenceto the aMlelexgiceod, massacre of Amorican citizensat Hermosillo By armed Mexicans. AGRICULTUKAL COLLEGES.
Skip Skip The amendment was agreed to. The next amendment of the committee was in line 19 to strike out the word “further” after the word “provided.” The amendment was agreed to. The bill was reported to the Senate as amended; the amendments were concurred in and orderengross, and the hill to be read a 3rd time. The bill was read the 3rd time and passed. METROPOLITAN MINING COMPANY.
Mr. WADE. I move to take up Senate bill No, 178. The motion was agreed to; and the Senate, as in ComWhole, resumed the consideration of the bill (S.No.178) to incor porate the Metropolitan Mining and Manufac turing company.
Mr. WA E. move to amend the bill by striking out the 6th section and inserting as a substitute the following: Abife: That the president and directors are herebyempoweredandfully authorized on behalf of the said companyto carry on the businessof mining iron ore and other native minerals and manufacturing and preparing the same for market: and to purchase and hold by deed for a term or in‘fee simple. suoh real estate and other groperty w!th in the DistCol and the State of Virginia as mag be necessary and proper feoxrctcheedpinugrposesaforesai; and to issue hon s, not 1/2 of the capital stock, upon such teeormmpsaansym: pay be deemed for the best interestsof the Provided, That no bondshall be issuedfor a lesssumthan $100, or hearinginterest at arate exceeding6%. perannum.
Skip Skip The amendment was agreed to. the billwasreportedtothe Senateasamended and the amendments made as in ComWhole were concurred in. The bill was orderengross fora3rd reading, was read the 3rd time and passed. ELECTION or s'sssrons.
Mr. CLARK. The object of this bill is to secure uniformity in the manner of electing Senators of the U.S., that we may avoid the questions and differences that have sometimes existed. The bill provides that the Legislature chosen next preceding the expiration of a senatorial term, shall, on the 2nd Tuesday of its session, each House by itself, vote for some person to represent the State in the Senate by him was vote, and shall enter upon the records the name of the person who shall have a majority in each House. On the next day of the session the 2 Houses are to assemble in joint convention, and if it be found that the same person has been chosen b the 2 Houses he is then the Senator; but. if the 2 Houses have not selected the same person by the vote of each House then the 2 Houses, in joint convention, are to proceed to ballot for a Senator, and to continue so to do until they have chosen. It provides 1st for an attempt to electrby a concurrent vote of the 2 Houses; and if the 2 Houses fail to do it, then they meet the next day in joint convention, and by joint ballot elect. I think this statement embraces the provisions of the bill. Its object is to secure uniformity in the election of Senators in all the States. It has beenreported from the ComJudiciary.
Mr. FESSENDEN. I would suggest to the Senator who called up this bill that one pro; vision of it may lead to trouble. It provides that the Legislature “shall, on the 2nd Tuesday after the meeting thereof, proceed to elect a Senator in Congress.” It not unfrequently happens it has happened, I think, twice or 3 times in my own State that the Legislature does not succeed in organizing antiseveral weeks after the regularly appointed day for the meeting. In my State that arose from the fact and I ask my colleague whether the constitution has ever been changed in that particular, forl am not aware that it has beenthat our constitution required the Senators in the Legislature to be elected by a majority of votes. It has happened twice within my recol lection that a majority of the Senate, which by the constitution constitutes a quorum, was not elected by the people at the Generalelection, and consequently for severa weeks after the Legislature met there was a difficulty in organizing. It was so, I know, in the year 1853 or 1854. The bill says that the Legislature shall proceed to elect on the 2nd Tues day “after the meeting thereof.”
Mr. CLARK. Say “meeting and organization.”
Mr. FESSENDEN. Very well, that will do; but I had proosed to put in “organization” simply, ins of “ ineeti.” 1 think the amendment suggested by the Senfrom I NewHampshire would entirely cover the case.
Mr. CLARK. I move to amend the bill in that particular by inserting the words “and organization” after “meeting, ” in the 6th line of the 1st section; so as to read, “after the meeting and organization thereof."
Mr. FESSENDEN. I see that this bill, as reported by the committee, provides that all elections of Senators by the fegislatures shall be by visa voce vote. [but changes the mode of proceeding in several sections of the country, and provides specifically what may not be satisfactory to some persons who have been accustomed to a different mode of proceedin. I think, in NewEngland, there is no such thing as a viva voce vote in the election of officers by a Legislature.
Mr. FESSENDEN. It is not so in Maine; it is not so in NewHampshire, and it is not so, I think, in Vermont or Massachusetts or Connecticut. I do not know how many other States are in the same category. It is generally considered that the ballot is a more free and unembarrassed mode of voting. I doubt very much whether requiring the adoption of this mode of proceeding by viva voce vote will be satisfactory to some sections of the country where they have been accustomed to a different mode. I suggest thisto the consideration of the Senate; and I shall propose to amend the bill by leaving that matter to the Legislatures, unless very good reasons can be given to the contrary. If the committee have considered the question and have come to the conclusion that the best mode is that which they have reported, I should like to hear their reasons, and I may be persuaded to let it go so. have no choice myself about it; I simply speak with reference to what has been the ordinary custom, I think, in most of the States, and merely mean to express a doubt whether the mode of voting had not better be left to the Legislatures themselves.
Mr. FESSENDEN. Do you elect by a viva voce vote?
Mr. T UMBULL. We elect by a.viva nave vote in the Legislature, but our ordinary elections by the people in that State are now by ballot. Formerly every citizen came up to the polls, gave his name, and stated whom he voted for for the different offices, Governor, member of Congress, member of the Legislature, or whatever they might be; he gave an open vote; but that was changed. The matter was very extensively discussed in our State. It was said thata citizen had a right to vote just as be pleased, and nobody else had any business to know how he voted; that that was his own business; but that a representative, who voted for others, had no rightto conceal his vote from them. I have given the reasons which actuated‘the committee in coming to this conclusion, and I think it will be better to have it uniform. That is the very object of the bill. If you leave it to each State to settle, then there may ben dif ficulty about it, and you may get no election at all. I hope the Senfrom Maine will be satisfied to leave it as the committee have fixed it. Perhaps the other way might be thought to be better in some of the States; but I do not see any reason why it should be, except a reason growin out of habit and custom.
The PRESIDENTprotempore. That amendment will be read at the desk. The SEcnsT/tnz. It is proposed to amend the 1st section by striking out in lines 8 and 9 the words, “openly, by a viva voce ll I! vote of each member present, name one person for" and to insert “ proceed to the election of a;” so that the clause will read: Each Houseshall proceedto the election of a Sea ator in Congressfrom said State. &c.
Mr. FESSENDEN. Then I propose to alter the subsequent parts of the section. However, the quation may as well be taken on that, and if that should be adopted the otheramendments may be made afterward.
Mr. ANTHONY. I quite agree with the Senfrom Oregon. think that the open ballot is the true mode of voting, not only in a representative assembly, but at the polls. It prevents corruption; it prevents deception, and cultivates a manly spirit everywhere. I think it is the only way in which a man ought to vote. The man who votes at the polls votes in a representative character. Every man who votes represents 4 people who are unable to vote, and he is responsible to them and responsible to the State for the sutfflge which he gives. The constitutions of almost all the States, following the Constitution of the U.S., require that upon the most unimportant matter a member of the legislative body, at the request of one 5th of the body, shall place upon record his vote. Certainly, in the election of a U.S. Senator there should be as much provision for responsibility and publicity. I should like to have the bill amended in one other particular, unless it is desirable to have perfect uniformity, so that the Legislatures may have the option either of voting in the manner provided by this bill or of voting at once in joint ballot; but if it is deemed of paramount importance that the system shall be perfectly uniform in all respects, perhaps it might be better as it is.
The PRESIDENT protempera. The morning hour having expired, it becomes the duty of the Chair to call up the unfinished business ofyesterda.
Mr. WADE. I move to postpone all prior orders and proceed to the consideration of the special order which was fixed for today at one o’clock. b
The PRESIDENT protempore. The unfinished business of yesterday is now before the Senate, being the bill (S.No.395) relating to the aqueduct bridge of the Alexandria Canal Company over the Potomac river at George town, in the DistCol. It is moved by the Senfrom Ohio that the Senate post pone the ending and all prior orders and ro ceed to the consideration of Senate bill No. 280.
Mr. CLARK. I hope that, by the unan imous consent of the Senate, as we have progressed so far with this bill, and it will not probably take much longer time, that we shall be allowed to finish it now. I think it will exedite the business of the Senate.
Mr. WADE. I will not object to that, as I do not think it will take a long time to dispose of it.
The PRESIDENT protempore. Is the motion to postpone the present and prior orders with drawn?
Mr. WADE. I withdraw it for the purpose of finishing this bill.
Mr. HENDERSON. I am perfectly willing that the bill of the Senfrom NewHampshire [Mr. CLARK] may now he proceeded with, provided it does not displace the pending bill, which is the unfinished business of yesterday. I am willing that that bill may be passed over informally, in order to proceed with this measure.
Mr. FESSENDEN. We do not do it here in the election of a President of the Senate.
Mr. MORItILL. I ask for the yeas&nays on the pending amendment offered by my colleague, [Mr. Fassssnmm].aa The yeas&nays were ordered; and being taken, resulted yeas 6, nays 28; 15. So the amendment was rejected. 1
Mr. CLARK. I move further to amend the bill in the 5th line of the 2nd section by inserting the words “and organization” after the word “commencement.”
Mr. CLARK. I move further to amend the bill in the 9th line of the 2nd section byinserting after the word “Legislature” the words, “ shall have been organized and;” a“nd in line ten, afler “notice, ” to strike out thereof” and to insert “ of the vacancy.”
Mr. CLARK. “ And ifa vacancy shall hap pen during the session of the Legislature, then on the 2nd Tuesday after the Legislature shall have been organized, and shall have notice of the vacancy.”
Mr. TRUMBULL. I suggest to the Senfrom NewHampshire that that can hardly be necessary. This provision is “if a vacancy shall happen during the session of the Legislature.” Is it a “ session” of the Legislature until it is organized?
Mr. CLARK. It may be. The Legislature may be together and sitting, but not organized. I want to avoid that diificulty.
Mr. TRUMBULL. I have no objection to it.
Mr. CLARK. I think it would make it a little more specific to insert these words.
Mr. CLARK. The fact that different States have adopted diirerent methods of choosing Senators accounts probably for the fact that different Senators prefer different methods. In my State we have always elected by a concurrent vote. I refer that method of electing. In the State oi Kentucky they have elected by a joint ballot. The Senfrom Kentucky prefers that method of election.
Mr. DAVIS. In Kentucky the Houses vote separately, but the votes are counted as though they voted together.
Mr. CLARK. That amounts to the same thing.
Mr. SHERMAN. In a memorable case in the HoRep some years since the same rule applied, and legislation was delayed for 9 weeks at a time because of the failure of the House to elect a Speaker. The Senate could not proceed with business until. the House was organized; and a few men, 6 in one instance and 15 in another, held the balance of power for weeks and weeks, almost creating a revolution in this country.
Mr. CLARK. And yet if that House could have gone to other business without electing, what would have been the consequence?
Mr. SHERMAN. The only way that difliculty was got over was by violating the very rule here prescribed; that is to say, the House concluded finally to make an election byaplu rality. If the revision in this bill had been the law of the HoRep and a plurality could not elect, they never would have organized except by a revolution.
Mr. CLARK. It is for the purpose of securing uniformity in these cases that the bill provides that the election shall be by a majority. I do not think there is any great danger of such events occurring. They occur ina House like that of Representatives in high party times where each party is very tenacious of its can didate; but I do not think they would be likely in a State Legislature where the members were voting for a U.S. Senator. It seems to me the bill is wise as it is. It clearly allows an adjournment of the joint convention from day to day, because a body so constituted has power by parliamentary law to adjourn. It oes not prevent that.
Mr. HOWE. I wish to move an amendment, the importance of which was suggested by the Senfrom Ohio. I move, in the 1st section, lines 32, 33, and 34, to strike out the words “vote, the joint assembly shall continue to vote for senator without interruption by other business until a Senator shall be elected, " and in lieu of them to insert “day, the 2 Houses shall meet in joint convention at 12 o’clock meridian of each succeedin day and take at least one vote untilaSenator shall be elected;” so as to read: And in caseno person shall receive such majority on the 1st day, t a 2 Houses shall meet in jomt convention at 12 o'clock meridian of eachsuc CECHIDRday and take atleastonevoteunttlaSenator shall beewcted.
Mr. SHERMAN. Isuggest to my friendfrom Wisconsin whether it would not be a rent deal better to substitute a playality rule after a certain number of ballots. [“ No, ” “ No.”] Then you will have difficulty. Under this bill I believe that after all the members have disclosed their preferences, either ambitious or corrupt minorities, factions, may defeat an election, may prevent any business bein done, and may create just the very condition of things that occurred once in Ohio where they almost got to fightinn' each other, and which existed twice in the HoRep, when if it had not been for the adoption of the plu rality rule when General Banks was elected Speaker we should never have organized the house, and if it had not been for the with drawal of one of the candidates in the other case to which I have referred there would not have been an organization then. We shall get in the same difficulty here that we had in the HoRep on those occasions.
Mr. HOWE. Managing elections which are necessary to the organization of a House, is one thing; controlling elections which are only to choose a member of another House, is another thing. It seems to me the proper pen alty, and the only proper penalty, to impose upon a State for omitting to elect a Senator is to leave it without that much representation in this body. I do not see any necessity for imposing any other penalty; but it seems to me that it is proper, while we are prescribing regulations, to require the Legislature to meet every day and to make a bona fide attempt each day of the session to make an election, requiring the 2 Houses to come together for that purpose; but if being together they refuse to concur, a majority of the m, in the selection of a man, then the penalty falls 11 on the State of being without one Senatorin this body. I do not care to impose any other.
Mr. JOHNson. The amendment suggested by my friendfrom Wisconsin would not leave the State unrepresented, which he seems to suppose is a sufficient penalty, because they are to continue to sit from day to day until they elect, as the amendment reads. They would not be at liberty to adjourn until there was an election. Therefore his object, if his amendment stands as it is now worded, would not be accomplished. But I rose not for the pnr ose of saying thgt so much as to say that I think the bill as it stands with the amendment suggested by the Senfrom Maine should be passed.
Mr. FESSENDEN. The amendmentI moved was ne tived.
Mr. HOWE. The Senfrom Maryland seems to think that the effect of the amendment proposed by me would be such as to require the Legislature to continue permanently in session until a Senator was elected, and would in fact derive them of the power of adjourning until that event took place. I did not intend that effect. I think I have not given it that effect. The amendment simply requires the 2 Houses, while they are in being, to meet each day, and to take at least one vote. When they have taken one vote they havefulfilled the requirement of the law, as it will be if the amendment is adopted, and havin taken that one vote the joint convention will be at liberty to dissolve, and, having dissolved, each House will meet by itself and go on with its ordinary business, and in the prosecution of its ordinary business each House can vote to adj ourn the body, and when the Legislature is adjourned the 2 Houses are no longer in existence, and the law will cease to act upon them. But ifI am mistaken in supposing this is the true interpretation of it that can be corrected b inserting after the words “each day” the words “of the session.”
Mr. FESSENDEN. suppose they do not elect, can a succeeding Legisature elect?
Mr. HOWE. So long as there is a Legislature in being it is made the duty of the 2 Houses composing that Legislature to meet every n.
Mr. FESSENDEN. That is true, but the bill says in the beginning “the Legislature of each State which shall be chosen next preceding the expiration of the time for which any Senator was elected to represent said State in Congress.” That is the Legislature designated.
Mr. TRUMBULL. The 2nd section meets the case now so gested. o
The PRESIDINGOFFICER, (Mr. Poxnaor in the chair.) Does the Senfrom Wisconsin modify his amendment“?
Mr. HOWE. Yes, sir; by inscrtingthe words “of the session” after “each day.” And now one word upon the question whether we should impose any other penalties upon the State for not electing than simply the oss of its representative here. The Senfrom Maryland puts this matter of electing Senators in the ight of a duty a duty which the State owes to the Government; and so he is for imposing very severe penalties upon the State for a neg lect or an omission or an inabilityto disehar e that duty. I have always hold, and I still hol, that this matter of electing Sens&Reps to Congress is not a duty charged 11 on the State, but a right conferred by the nstitution upon the States.
Mr. JOHNson. Will the Senator permit me to ask what would be the Q’fect upon the Government if a majority of the States declined to exercise the right, as he calls it, of not sending representatives to the Senate? The wheels of the Government would be stopped.
Mr. TRUMBULL. Before the question is taken on the amendment of the Senfrom Wisconsin, I suggest to the Senator that he should modify it so as to avoid the objection that was suggested that they should meet from day to day indefinitely. It should be during the session of the Legislature.
The PRESIDING OFFICER. The question is on the amendment of the Senfrom Wisconsin as modified. The amendment was a eed to.
Mr. DAVIS. I understand the Senfrom Missouri to assume that anybody that is competent to pass laws for a State may elect senators.
Mr. CLARK. I hope this amendment will not be agreed to; It was put in here for the purpose of securing a majority of all. the persons elected to both Houses in case the Legislature came into convention, so that less than a.majority should not be present at the meeting, or they should not elect when there was less than a majority present. I think it is a safe rule. There is a diTTcrence between the 2 Houses assembled in joint convention for the purpose of an election and the 2 Houses acting separately in their ordinary legislative capacity. It would be competent for them, undoubtedly, to prescribe their quorum in each House, but when they go into jQint convention under the law of the U.S. for the purpose of electing a Senator, it seems to me entirely competent for the law of the U.S. to prescribe what shall be a quorum for that purpose. ll
Mr. HENDERSON. I should like to ask the Senator why he makes a difference in the election through the 2 branches and in joint session. Why is it that a NewEngland State, which now elects under its constitution in the separate Houses, may rescribe that less than a majority of all electe shall constitute a quo rum, and they may have a Senator here with less than a uorum, and we in the West, who reseriberi ilrerent mode, cannot? I should ike to know the reason of the difference.
Mr. CLARK. We have prescribed no rule for NewEngland and no rule for the West.
Mr. HENDERSON. I do not refer to NewEngland particularly, because I do not know how they elect, but it is generally assumed that they elect separately there.
Mr. CLARK. When the Legislature under takes to elect a Senator in the ordinary way of its transactions, that is, each House voting by itself, the bill does not propose to regulate what shall there be a quorupi The Legislature regulates that matter itself, or the State constitution regulates it. But when we provide that those 2 Houses may quit their ordinary method of legislation and go into joint assembly for the purpose of election, then we provide what shall be a quorum in that joint assembly, that there shall be at least secured a majority of the 2 Houses when they come to act together.
Mr. HENDERSON. Now, Mr. President, I submit to the Senate that if the constitution of the State of Missouri or the State of Ohio today determines that all the legislative business shall be done in joint session, and they see fit to adopt that plan, it is perfectly proper and constitutional, and we cannot interfere with it. All the legislative business of the State of Illinois to pay can be done in joint session of the Legislature, provided the State constitution so provides. If the people desire it they can do so. I do not see any reason in the world for prescribing a different rule for electing Senators through the 2 branches and in joint session. If the people of one State desire to elect in joint session, and they call that, by their constitution,0. Legislature for the purpose, let it be governed by the same rules that govern in the other case; but do not declare what is to be a quorum in either case unless you do it in both. I hold that you have no right to do it in either. The amendment was rejected ayes ten, noes not counted. The bill was reported to the Senate as amended and the amendments were concurred in.
Mr. WILLIAMS I should like to ask a question with reference to the language used in the 29th line of the 1st section. It reads: And the person having a majority of all the votes of the said Joint assembly.a majority of all the memberselectedtoboth Housesbeingpresentandvoting. Is it intended by that pliraseology to require a majority of each House, or a majority of both Houses?
Mr. CLARK. A majority of both present. There is to be a ma'ority of the two, counting together as one bodJy. the bill was orderengross for a 3rd readin, and was read the 3rd time.
Mr. SAULSBURY. I once heard an emi nent physician say that the best thing to do with cucumbers was to dress them well with vinegar, pepper, salt, and mustard, and then throw them to the hogs. [Laughter.] I think the best thing to do with this bill is to indefinitely postpone it, and I therefore move that it be indefinitely postponed., The motion was not agreed to. q
The PRESIDING OFFICER. The question is, Shall the bill ass?
Mr. SAULSBURY. On that question I call for the yeas&nays. The yeas&nays were ordered; and being taken, resulted yeas 25, nays 11; So the bill waifpassed.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. McPnnnsox, its Clerk, announced that the HoRep had passed without amendment the bill (S.No.357) to aid in the construction of telegraph lines, and to secure to the Government the use of the same for postal, military, and other purposes. The message further announced that the HoRep had agreed to the report of the committee of conference on the disagreeing votes the 2 Houses on the amendments of the house to the bill (S.No.145) for a grant of lands to the State of Kansas to aid in the construction of the Northern Kansas railroad and telegraph. The message also announced that the HoRep had agreed to the amendment of the Senate to the bill (H.R.No. 466) to extend the benefits ot'section 4 of an not making appropriations for the support of the Army for the year ending June 30, 1866. The message further announced that the HoRep had agreed to some and disagree to other amendments of the senate to the bill (H.R.No. 261) making appropriations for the consular and diplomatic expenses of the Government for the year endin 80th June, 1867, and for other purposes, aske a conference on the disagreeing votes of the 2 Houses thereon, and had appointed Mr. Burns P. Sritniivo of Ohio, Mr. NATHANIEL P. BANKS of Massachusetts, and Mr. Jon): Wnx'rwoa'rn of Illinois, managers at the same on its part. The message further announced that the HoRep had passed a JtResolution (. R. No. 187) recommending the organization and instruction of the militia by the several States, and providing for the distribution of ordnance and ordnance stores, in which it requested the concurrence of the Senate. PREVENTION OF SMUGGLING.
Mr. CONNESS. I ask leave to present a re art from the committee of conference on the bi l (S.No.222) further to prevent smuggling, Iand for other purposes. The report of the committee on this)ill was presented once be fore, but there was some error found in it, owing to the fact that the whole of the amendments were not enumerated in the report. It is now correct, and accordingly I ask leave to present it, and I should like to have action upon it now.
The Secretary read the report, as follows: The committee of conference 9n tbe disaareeing votesof the 2 Houseson the bill (S.No.222)entitled "An act further toprevent smuggling and for other purposes."having met. afterfull and free conferencethey have agrced torecommend and do recommend to their respectiveHousesas follows: That the Senate agree to the 1st. 2nd.3rd, 4th. 6th. 7th.8th.9th. 10th. 11 th. 12th . 13 th, 14th. smd 15th amendments as the same were made by the HoRep. That the Senate agree t o the 5th amendment of the HoRep to the bill with the following amendment.to Wit: insert in place of the wordsstricken out by the HoRep the words followimz: “in all cases where the pos fscensdsaionnto, f such goods shall beshown to he in the dcor where the defendant shall be shown to have had possessionthereof.suchpossessionshall be deemedevidence sufficientto aii t orize conviction. unless the defendantshall explain the possessionto the satisfaction of the ury.” Thatthe HoRep agree to the and amendmentto the JilOl.HN CON1ESS. LOT M. MORRILL. Managerson the par! of the Senate. JTOHHONMALS. TDH.OEMLAIOST. Manager aonthepart of the home. The report was concurred in. oarusss’ ram.
The PRESIDENT protempore laid before the' Senate a communication from Mrs. J. C. Carlisle, secretary, inviting the members of the Senate to be present at the closing of the National Soldiers and Sailors’ Orphans' Fair “on Thursday evening, the 12th instant. ORDER OF BUSINESS.
Mr. WADE. I move now to postpone all other orders and proceed to the consi eration o“f Senate bill No 280, to repeal an not entitled An act to retrocede the county of Alexan dria. in the DistCol, to the State of Virginia, ” and for other purposes.
Mr. HENDERSON. The pending order of business is Senate bill No. 395, relating to the aqueduct bridge of the Alexandria Canal Company over the Potomac river at George town, in the DistCol, which was informally passed over with a view of contin uing the discussion upon and disposing of the bill in regard to the election of Senators. I had no idea at the time that that bill would take so long. This is abill that Idesire should at least be read; I wish that the Senate should become somewhat informed upon it; and I will say to the Senfrom Ohio that then if there is any disposition to discuss the measure, inasmuch as he has had his bill up once before and I feel a delicacy in putting any obstacle in the way of it, I shall agree that it be laid over until tomorrow. I apprehend however, that there will be no objection and no debate upon my bill, but that we can get through with it in a few moments. However if opposition should develop itself, then I shall be willing to listen to a motion from the Senator to postpone it; but I prefer to have it read at least now. It is a bill that the Senator understands as well as myself.
Mr. WADE. I believe I understand that bill. I can really see no reason for readin it before we take up the Alexandria bill. that bill was discussed yesterday, and I gave way because it was said an executive session was desired; but after that was moved, or supposed to be moved, gentlemen got up other measures, and my colleague on the District Committee, the Senfrom Missouri, moved, just as we went into executive session, to take up his bill after mine had been made the special order for today. 'It has been partly finished; it is in the minds of Senators now; they know precisel how the thing stands; and I think we had etter proceed with and finish it. I wish to have a decision of the Senate upon it.
The PRESIDING OFFICER. The question is on proceeding to the consideration of the bill named by the Senfrom Ohio.
Mr. HOWE. I feel almost as ifI was a little swindled myself. Yesterday I moved that the Senate proceed to the consideration of the bill for the construction of a canal around the falls of Niagara. It was then said that the Senfrom Maine [Mr. Manama] desired to be present when that bill was considered, and that effight be present, I consented that the bill shonf lie over, and asked the Senate to make it the special order for today at one o’clock; but at the suggestion'of gentlemen all about me, who said there would be no difficulty in taking it up at one o’clock today, I did not press that motion. There was no objection then, however, to its being considered at one o'clock today; but on the motion of the Senfrom Ohio the bill to which he has just referred was then taken up, and I supposed it was the unfinished business; and understanding that the Senator wished to conclude that, I did not insist upon taking up the other bill; but I think now that the Senate ought reall to conclude that bill, if he insists upon it, and then I think the bill which we consented yesterday should be taken up today at one o’clock ought to he proceeded with.
Mr. WADE. I am the friend of both these measures, both the ship canal bill and the bill of the Senfrom It issouri, but I think we had better finish this matter before we take up any other. We are too apt to mix things up, and I do not think we gain anything by doing it. We had better finish one thing at a time. I hope we shall take up this bill and finish it.
The PRESIDING O ‘FICER put the ques bn on the motion of Mr. Wave and declared that the ayes appeared to prevail.
Mr. HENDERSON. Let us have adivision. My hill is the pendin measure as it is t heun finished business, and I shall never be able to get it up if it be at aside now. I only want to have it read. want the Senate to become informed of the nature of the measure and understand what it‘is. The Senfrom Wiscousin now says that as soon as the bill of the Senfrom Ohio is disposed of he will move to take up the Niagara ship canal bill. The truth iIs have been trying for a week to get the floor, but I have been cut off on account of the absence of the Senfrom Maine. I now ask that the bill be read, and then if the Senfrom Ohio insists on going on with his Alexandria bill which is also a bill from the ComDistCol, I shall interpose no objection. I feel no further interest in it than that it has been placed in my charge.
Mr. WADE. If the Senator will let my bill be taken up, I will then let his bill be read.
Mr. HENDERSON. But that will displace my bill entirely; it wilfbe no longer before the Senate, and the Senfrom Wisconsin has given me notice that he will antagonize the ship canal bill against it, as soon as the senator s bill is disposed of. Now, as I have got the floor, as I have the privilege, as I have my measure before the Senate, I state to the senator that if he will permit his bill to be passed over informally until this bill is read, I will suffer his bill to come up, but I do flot want to lose my place before the Senate.
Mr. AD E. It is very strange to me that this antagonism should be made. The Senate most deliberately yesterday made the bill I have moved to take up the special order for one o’clock today.
Mr. HENDERSON. Move to pass over this bill informally.
Mr. WADE. Your bill is a very long one, I believe.
Mr. HENDERSON. No, sir; it is a very short one.
Mr. WADE. As the Senator only desires to have his bill read, I do not know but that I had better consent to have it read, rather than try a division.
Mr. HENDERSON. In order to settle the matter, as I do not wish to be pertinacious, if l the Senator will move to pass over informally this bill, which is now regularly before the Senate as the unfinished business, [shall make no objection. But he makes a different. motion; to postponethis measure and take up his.
Mr. WADE. If my measure is before the Senate, I am very willing that it shall lie over informally, to allow the Senator’s bill to be read.
Mr. HENDERSON. It is not before the Senate.
Mr. WADE. I wish to have it brought before the Senate, and then I will consent to let your bill be'read.
Mr. CLARK. The point is this: the Senfrom Ohio makes a motion to postpone all rior orders, and' that displaces entirely the Senfrom Missouri. The Senfrom Missouri says that if the Senfrom Ohio will let the unfinished business be laid aside informally, so as not to displace him, he will allow this bill to come up. I think the Senfrom Ohio had better do that, if the rest of the Senate do not object.
Mr. WADE. I have no objection. Any my to get along the easiest is my way, of course.
The PRESIDING OFFICER. The unfinished business can be laid aside by unanimous consent.
Mr. VADE. Then let us take up my bill and go on with it.
Mr. CLARK. Your bill is before the Senate if that unanimous consent is given.
Mr. WADE. If my bill is before the Senate that is all I want.
The PRESIDING OFFICER. The Chair understands there is no objection, and therefore the bill moved by the Senfrom Ohio is before the Senate. RBTROCESSION OF ALEXANDRIA. The Senate resumed the consideration of the bill (S. No.280) to repeal an act entitled “An act to retrocede the county of Alexandria, in the DistCol, to the State of Virginia, ” and for other purposes.
Mr. CLARK. As I have been unable to bring my mind and judgment to the same conclusion with the Senfrom Ohio, that it is best to pass the bill now before the Senate, and as he has declared that the retrocession of Alexandria to Virginia was a secession measure, I feel impelled to give the reasons which will induce me to vote against the repeal of that measure which he calls a secession measure. I do not like to be found voting, with the rebels nor with any plan of the rebels; and if I believed that that was a part of the scheme of the rebellion, carried to the end for that urpocs, I might perhaps vote for the repfa under ordinary circumstanceS.R.WADE. Righ here, ifthe Senator will permit me, I should like to say a word.
Mr. WADE. I did say that in myjudgment the measure was moved originally by those in tending rebellion. I did not suppose that the great numbers of those who voted for it had any such idea. It was, in my judgment, only some of those Virginia gentlemen who moved it here who had such motives; but that I only guessed at. I did not lay it down as a fact that it was so, and most assuredly did not intend to reflect upon anybody who had voted for the measure without any such idea.
Mr. CLARK. I supposed it would come to that, that it wasness work.
Mr. JOHNson. The decision of the supreme court of Virginia upon a case which. at the time of the retrocession, was before the SCOTUS upon a writ of error from the U.S. court in Alexandria, and which they were afterward directed to send to the supreme court of Virginia when they should have decided it. From that day to this the validity of that act never has been questioned. But the effect of the act of 1848, it the Senate will recur to that, is to repeal all the laws by which, as far as the U.S. were concerned, that portion of the District was governed under the authority of the U.S. They have no laws there now except such laws as Virginia, through its Legislature, has adopted. Then, if you pass this act and make no other provision, you will have that art of the District without any laws at all regu ating their courts.
Mr. will EY. B the Legislature of Virginia at the city of I heeling.
Mr. JOHNSON. Very well. How was it chosen? Were there not members from Alexandria? I..,
Mr. JOHNson. That is what I mean. It is perfectly immaterial where they sat. Aportion of that Legislature was chosen by the people of Alexandria, and nobody dreamed at that time that that portion of what originally was Virginia was not as much Virginia as the portion in which the town of heeling was situated. We have ever since, by not after act and by judicial action, recognized the validity of the act of 1846, by considering what is now Virginia as made up in part of theicounty of Alexandria. I do not know what the vote was I do not know how many members como5 the Legislature of Virginia at the time e as sent was given to the creation of WestVirginia., They were butvery few. There were only 5 or 6 counties. I think.
Mr. WILLEY. From WestVirginia prin Icipally.
Mr. DOOLITTLE. Do I understand the honorable Senator to maintain that we cannot change the scat of Government without changiu the Constitution?
Mr. liOWARD. Yes, sir. I stated that yesterday; and that is the conclusion I draw, and which flows inevitably from the premises I assume. It is fixed here in permanency because the Constitution fixes it here.
Mr. JOHNson. Is the honorable member under the impression that the Constitution says it is to be the permanent seat of Government?
Mr. SAULSBURY. I wish to ask the honorable Senator to be good enough to explain to the Senate, because I ask for information, how it is possible that the enactment of a fugitive slave law could contribute to bringing about a rebellion in this country on the partof the southern States, yho would be benefited by the enactment?
Mr. HOWARD. The question of the honorable Senator opens a very wide field for discussion, and involves the recital of numerous his torical events of which he is as well aware, I take it, as I am. I will not, therefore, consumo the time of the Senate in answering his question further than to say that in my opinion and that opinion is borne out by the history of the times the fugitive slave law of 1850 was'enacted by that Congress, under the engineering of Mr. Mason and others, for the very purpose of insulting the northern mind, of insulting the citizens of the free States, by attempting to make every man of them a slave catcher at the heck of a southern master in pursuit of his slave. Common sense would have taught the authors of that law that it could possibly lead to no good, that it could have no other effect but to irritate and excite the northern people on the subject of slavery, and make it still more difficult to bring about a settlement of the controversies which were then raging throughoutthe country. It was intended as an insult; it was intended to produce such a state of feeling, both at the North and South, as should, within the shortest possible time, eventuate in a bloody conflict between the 2 sections; and 1 contributed, Si myjudgment, (and I have been a careful observer of dpassing events,) more than any other not ease by Congress, or any other cause, to prouce the civilWar. It was intended as a means of initiating secession and dissolution.
Mr. JOHNson. And appointed collectors and assessors under the revenue act.
Mr. SAULSBURY. The Senator nods as sent.
Mr. WADE. I will tell you why when you get through.
Mr. WADE. I do not think there is any obscurity in it. Perhaps there is more language there than there need be; but it is not obscure; it is easily understood.
Mr. WILLEY. As I understand the terms of this bill, it means that‘Congress did retro cede to Virginia the whole District ten miles square.
Mr. WILLEY. Certainly that is the langauge of the section. It wants a modification in some portion or other to desi nate the portion of tie District to which reterence is bad. I also desire to direct the attention of the Senator to the 5th section. It provides “ that from and after the passage of this act all civil offices in the said portion of the District of Cohmbia south of the Potomac, in the city of Alexandria and what is known as the count of Alexandria, shall be declared vacant" al officers ofevery kind, as I understand “ and the vacancies so created shall be filled by new appointments or elections, to be made and held under the laws, regulations, and qualifications provided by Congress for elections and electors In the DistCol.” What is to become of that portion of the country during the interval? hose offices are to be vacated upon the passage of this act. according to the terms and provisions of this act the cannot be filled except by an election under the laws and regulations of the DistCol. It will require some time to give the notice. I am not familiar exactl with what the provisions of law are in the DistCol regulating elections, but certainly it would require some time to give no tice of the election. In the mean time, as I understand it, under the operation of this section the city government 0 Alexandria would be wholly dissolved, there would be no means of keeping the peace, there would be no means of administering justice at all, there would be a perfect interregnum in the existence of all authority to execute the laws or to maintain order. t seems to me that the section ought to be modified, and that these offices should notbe vacated until elections can be had, ifthe bill shall pass. I would also direct the attention of the senator to the 2nd section. It seems to me that the provisions of the bill are very vague and indefinite, and if passedin its present form must necessarily involve the people of the county of Alexandria in great difficulty.
Mr. WADE. I have looked pretty carefully into this bill, and it provides for every contingencyI can think of that will arise after the repeal. It may be that there is some reason why it should be altered, but the 1st section does not, as I understand, attempt to convey any more than that portion of the original territory which was taken from Virginia. [It speaks of the act of 1846, by which “that portion of said ten miles square, lying south of the Rom. mac, was ceded back to the State of Virginia, in violation of the intent and meaning of the Constitution, ” &c. That is as definite as I could make it.
Mr. WILLEY. But it is the 1st section to which I referred.
Mr. WADE. This is in the 1st section. The section goes on to recite about the cession of ten miles square, and the like and when it comes to describe the act repealed it specifies the act of 1846. by which ‘that portion of said ten miles square lying south of the Poto mac was ceded back to the State of Virginia.” I do not think it could be made more definite.
Mr. WILLEY. The Senator is quoting from the preamble.
Mr. WADE. The section refers to that act by which the retrocession was made. I cannot rxlilake it any more clear. It refers directly to t at.
Mr. WILLEY. The 1st section reads as follows: That the act of Congress approved July 9. A. D. 1846 rctroceding to the State of Virginia that portion of the district ten miles s unrc. as provided by the Constitution. known asthe DistCol. What “portion of the District” is that?
Mr. WADE. Let us look at the reamble and see if there is any obscurity; i tthere is, I cannot discover it. The reamble recites, among other things, that “by an act of congress approved July 9, A. D. 1846, that portion of said ten miles square lying south of the Potomac was ceded back to the State of Virginia, in violation of the intent and meanin of the Constitution of the U.S., an to the great peril of the ca ital as aforesaid;” and then the 1st section “terefore ” proceeds to enact “that the act of Congress is proved July 9, A. D. 1846, retrocedin to the State of Virginia that portion of the district ten miles square, as provided by the Constitution, known as the DistCol, be, and the same is hereby, henceforth, and forever repealed and declared null and void.”.
Mr. WADE. That portion that came from Virginia. ofconrse. lt
Mr. WADE. I cannot see that there is any obscurity in it. I do not think it is defective in that particular. The act is refdfred to by the date of its enactments and by everything else, and I do not see any ambiguity in the description of the act itself". I think the bill is very well provided with all the safevuards that such a bil on ht to have, in my judgment.
Mr. I ILLEY. I do not think I got the Senator’s ear when I referred to the 5th section.
Mr. WADE. If the Senator can so gest an amendmentI shall be very happy to have it done.
Mr. WILLEY. I think the 5th section would leave the county of Alexandria in a very embarrassing condition from the date of the passage of the act until the time that the offices vacated by the act shall be filled by an election. There seems to be no provision whatever for the interim.
Mr. GUTHRIE. I am satisfied that we shall do more harm than good by the passage of this bill, and it is trenching on the prerogative of another dept of this Government. If the act of 1846 is void, the courts can readily declare it so; if it is not void, we shall do infinite mischiefin relation to the government of Alexandria and the people on that side of the river by repealing it. Even if I was satisfied that the original act was void, as I am not, I do not see any benefit to accrue to the country or to the harmony of the States by the passage of this bill. the bill was orderengross for a 3rd reading and was read the 3rd time.
Mr. JOHNson. I ask for the yeas&nays on the passage of the bill. The yeas&nays were ordered. a
Mr. LANE, of Indiana. Before the vote is taken I desire to say that I have paired with my colleague [Mr. HENDRICKS] on this question. If he were here he would vote against the bill; and if I were at liberty to vote I should vote for it.
Mr. RAMSEY. The Senfrom Iowa [Mr. Gaines] desired me to say, when he was leaving the Hall. that he had aired off with his colleague [Mr. KiaKwoon on this question. The question being taken by yeas&nays, resulted yeas 13, nays 17; 19. So the bill was rejected. CONSULAB AND DIPLOMATIC BILL. The Senate proceeded to consider its amendments to the bill (H.R.No. 261) making appropriations for the consular and diplomatic expenses of the Government for the year ending 30th June, 1867 and for other purposes, disagreed to by the HoRep; and On motion of Mr. FESSENDEN, it was Resolved That the Senate insist upon its amendmentsto the said bill disagreedto by the HoRep and agreeto the conferenceasked the House on the disagreeing votesof the 2 casesthereon. Ordered. That the conferees on the part of the Senatebe appointedby the President protempore.
The PRESIDENT protempore appointed Mr. SUMNER, Mr. TRUMBULL, and Mr. amass.
Mr. RAMSEY. I move that the Senate ro ceed to the consideration of the bill (S. gin. 387) to secure the speedy construction of the Northern Pacific railroad and telegraph line, and to secure to the Government the use of the same for postal, military, and other pnr' oses. p
Mr. HENDERSON. I suppose that the bill which was taken up on my motion last evening, and which came up regularly at one o’clock today, but which I then consented should be informally postponed in order to allow other measures to be taken up, is now the business properly before the Senate. That being so, I move that the Senate do now adjourn, so that that bill may be left as the unfinished business to come up tomorrow. I desire that the senate shall act upon it.
Mr. HOWARD. I hope the Senfrom Missouri will withdraw his motion, and let us take the vote on the proposition of the Senfrom Minnesota.
Mr. HENDERSON. Iinsistuponmymotion. The motion was agreed to; there being, on a division ayes 15, noes 11; and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. Wnnsssnsr, July 11, 1866. The House met at 12 o’clock in. Prayer by the Cha lain, Rev. C. B. Bovn'ron.
Mr. HA E. I move that the reading of the Journal be disensed with.
The Speaker. Objection is made and the Journal will be read. The Journal of yesterday was read and approved. DORENC! ATWATER.
Mr. HALE. I ask unanimous consent to submit the following resolution, under instruction of the select committee, in the case of Dorence Atwater: Resolved.That the SecyWar be directedto communicateto this llouso copiesof the recordand proceedings of the court martial held at the city of Vashingtou. in or about the month of September, 1863.in the ease of Durence Atwoter. late a private in the general service of the U.S.Army. includin all testimony taken before the said court martia in said case. together with all orders and papersrelutingto the finding or sentence ofsaid court innrtiul in said case and to the execution thereof; and also copiesof a communication or report made by the Judge Advocate General of the U.S. Army to the POTUS. in or about the month ofJune last.in relation tosaid case. Aanctding of Aadjutant comnmunication from General Townsend. General of the U.S.Army. to the President about the same date.in relation to the said case. beingthe same papersof which copies wererequestedfrom the PreSident bya resolution of this llousc. passedJune 25.18th and which papers have not been furnishedto this 1 ones. There being no objection, the resolution was conSidered and agreed to. LEAVE OF ABSENCE. The Speaker asked indefinite leave of absence for Messrs. DIXON and DAVIS. Leave was granted. ELECTION CONTEST FULLER VERSUS DAWSON.
Mr. PAINE. I rise to call up the report of the ComElections in the contested election case of Smith Fuller against John L. Dawson, from the 21st district of the State of Pennsylvania.
Mr. STEVENS. I ask the gentleman to yield to me to submit reports from the ComAppropriat in reference to general appropriation bills, which I do not think will take up much time.
Mr. PAIN E. I yield for that purpose. cossunsn AND DIPLOMATIC BILL.
Mr. STEVENS, from the ComAppropriat, reported back amendments of the Senate to House bill No. 261, making appropriations for the consular and diplomatic expenses of the Government for the year ending 30th June, 1867, and for other purposes, recommending concurrence in some an non-concurrence in others.
Mr. SCHENCK. The consul at Quebec is included in the categoryof those whose salary is to cease at the termination of the war. Now, this should be corrected. We have had a consul starving there, while the consul general and others who are familiar with the subject say his salary should be $1,500.
Mr. STEVENS. That will be considered in. the committee of conference.
Mr. RICE, of Massachusetts, moved to transfer th'c‘consulate at “Spezzia, ” Italy. from schedule C to schedule B, and insert it next after “Smyrna.” The motion was agreed to.
Mr. KASSON. That will be considered by the committee of conference. The report of the committee was adopted.
Mr. S' EVENS moved that the House do thrther insist on its disagreement to the amendments of the Senate and ask for a committee of conference. The motion was agreed to. TARIFF BILL.
Mr. WRIGHT. I want to know whether my vote is recorded correctly on the vote taken yesterday in reference to the duty pn coal. I voted to strike out $160 a ton and in lieu thereof to insert 50 cents.
The Speaker. The gentleman stands recorded as voting against concurrence in the amendment of the ComWhole on the state of the Union. LEGISLATIVE, ure., APPROPRIATION BILL.
Mr. STEVENS, from the ComAppropriat, reported back the amendments of the Senate to House bill No. 213, making appropriations for the legislative, executive, and judicial expenses of the Government for the year ending the 30th of June, 1867, recommending concurrence in some and non-concurrence in others. It was agreed, by unanimous consent, that the report of the committee should he adopted without question, except where a separate vote was demanded. The 1st amendment upon which a separate vote was demanded was in the clause relating to the Library of Congress, to strike out “ 3 ” and insert “5” and strike out “$10, 800” and insert “$12, 600;” so that the clause will rea: For compensation oflibrarinn. 5 asst librarians. messenger and laborers.$12.‘.
Mr. WASHBURNE, of Illinois. What is the reason for that increase?
Mr. KASSON. It is made necessary because of the extension of the Library.
Mr. STEVENS. The committee of the senate investigated the matter and reported that the increase was necessary.
Mr. HULBURD. Another reason is that the Smithsonian library has been transferred to the Library of Congress, which involves the necessity of increased assistance. It has been unanimously agreed to by the JtcomLibrary. The amendment was concurred in. M
Mr. BINGHAM. I move to insert the following: For compensation of the bailiffoftho CourtofClaims, 81,500in fulllfor his servicesfor the current year, at which sum his salary is herebyfixed.
Mr. WASHBURNE, of Illinois. Is not that a private bill? If it is, it is not in order to a general appropriation bill.
The Speaker. This is a public office, and it has been held that an amendment to change the salary of a public office is in order to a general appropriation bill.
Mr. BINGHAM. I will say that this has been done at the suggestion of more than one of the judges of that court. The salary at present of'51,000 is in sufficient‘ to supply his family. He is engaged a greater art of the year, and is a faithful officer. He as no perquis ites.
Mr. KASSON. Will the Gentfrom Ohio state whether this has been recommended by the judges of the court or by any committee?
Mr. BINGHAM. I can only sa this: that it was suggested to me by some of the judges of the court, and Imentioned it to the chair man of the committee, who told me to offer the amendment.
Mr. WASHBURNE, of Illinois. I hope the House will not pass any such proposition as this, to go back and increase e salary of a messenger upon a bill that has made the prog ress which this has; and I think it is out of order to move such an amendment at this time. It is not reperted by any committee.
Mr. BINGHAM. It is not uncommon to make an amendment of this sort, and I trust the House will consider that the bailiff of this court has official duties to perform which are essential to the discharge of the functions of the court itself, and that the salary is insufficient, as must be known to every member of the House. Talk of 1,000 dollars ayear to sustain a bailiff and his family!
Mr. WASHBURNE, of Illinois. Howmany da s does this court sit during the year?
Mr. BINGHAM. I cannot answer that fully, but I know the fact that it has sat generally hitherto 4 or 5 months in one session continuously, and then held adjourned sessions. It now has adjourned to meet, I believe, 'during the current month, afterhaving held a session of 3 or 4 months. “
Mr. WASHBURNE, of Illinois. It probably is in session about 6 months, an that is longer than it should be. I think it is going on so far with its jurisdiction that it will be the imperative duty of Congress to repeal the act. The bailiff of the Supreme Court only 3 dollars a day, and now it is propose gettos give this man $1,500 a year.
Mr. BINGHAM. Mr. Speaker, this is a grand exhibition of economy. The gentleman thinks this court ought to go Without a bailiff and be suspended altogether. I undertake to say that the official records of that court establilsh the fact indisputably that it has saved to the Treasury of the U.S. Within the last 12 months $10,000,000.
Mr. WASHBURNE, of Illinois. I take issue with the gentleman on that, and I will go to the jury.
Mr. BINGHAM. The gentleman can take issue with me as quick as he pleases. I under take to say that the claims rejected by the court within the last year amount to $10,000000.
Mr. WASHBURNE, of Illinois. would like to ask how many millions of dollars that court has allowed.
Mr. BINGHAM. I will say this: it was my good fortune to serve some 3 months in that court at the request of the POTUS, owing to a difficulty that arose between himself and a solicitor of the U.S., and my recollection about it now is, that the court during that term passed upon claims in the aggregate to the amount of about ten million dollars, and the whole amount of its decrees against the Treasury was not more than $60,000 in gold. I trust the gentleman is answered. There was not a million, nor a half million. nor a quarter of a million dollars decreed during the term against the Treasury. I know that there was one decree rendered of $80,000 which was adjudicated in the previous year.
Mr. WASHBURNE, of Illinois, Was that the grant case?
Mr. KASSQN. Will the Gentfrom Ohio allow this to come to a vote pretty soon instead of discussin the general character of this proposition? ‘here are many amendments to he acted upon. I
Mr. BINGHAM. I am willing to have a vote upon it. I demand the previous question.
Skip Skip The previous question was 2nde and the main question ordered. The question being taken on the amendment offered by Mr. BINGHAM to the Senate’s amendment, there were ayes 34, noes 34; no quorum voting. Tellers were ordered, and the Speaker appointed Messrs. wASHBURNE, of Illinois, andingRAM. The House divided; and the tellers reported ayes 61, noes 50. Mr. WASHBURNE, of Illinois. the gens&nays. the yeas&nays were ordered. The question was taken; and it was decided in the negative yeas 54, nnys 65, not voting 68; So the amendment to the amendment was not agreed to. During the roll call, Mr. ASHLEY, of Ohio, said: IfI had been presentlast evening, I should have voted againt the tariff bill. The result of the vote having been announced as above recorded, the amendment of the senate was agreed to.
Mr. STEVENS. I am reminded by the Gentfrom Wisconsin [Mr. PAINI I] that the half hour has expired.
Skip Skip MESSAGE FROM THE SENATE. Amessage from' the Senate, by Mr. Fons“, their Secretary, informed the house that the Senate had passed a bill (H.R.No. 6112 to provide for making the town of whitehall, Iew ork, a port of delivery. Also that the Senate had passed a bill (H.R.No. 60) to amend the 5th section of an act entitled “ An act donating public lands to the several States and Territories which may provide colleges for the benefit of agriculture and the mechanic arts, ” approved Ju y 2, 1862, so as to extend the time within which the provisions of said act shall be accepted and such colleges established, with amendments, inwhich he was directed to ask the concurrence of the House. The message furtherinformed the House that the Senate had disagreed to the 10th amendment of the House to the bill of the Senate (No. 843) to quiet land titles‘ in California, and had agreed to the other amendments of the House to said bill.
Mr. PAIN E resumed the floor. LAND GRANT TO KANSAS.
Mr. LOAN. I rise to a privileged question. I desire to make a report from a committee of conference.
Mr. LOAN. I deem it necessary only to say to the House in explanation of this report, that the committee of conference agreed to take substantially the 1st 2 sections of the Senate bill and the last section of the House bill and make of them a new bill, with this sin is exception, that the contermine us prin eip e, as it is called, contained in the Senate bill has been added to the House bill. It is simply the bill as it passed the House with the 1st 2 sections of the Senate bill substituted for the 1st 2 sections of the House bill, with the contermine us principle, as it is called, of the Senate bill added to the House bill. I call the previous question on the report of the comittee of concrence.
Skip Skip The previous question was 2nded and the main question ordered; and under the opera.tion thereof the report of the committee of conference was agreed to.
Mr. LOAN mtRtv the report of the committee of conference was adopted; upon the table. agreed to. ELECTION CONTEST AGAIN. The House resumed the consideration of the contested election case of Smith Fuller vs. John L. Dawson, of the 21st congressional district of the State of Pennsylvania, upon which Mr. Pam's, from the ComElections, had submitted a report in favor of the ittin member.
Mr. PAI E. The chairman of the comPostOffice [Mr. ALLEY] seems to think it a hardship that he should be robbed of the morning hour today, and therefOre I promised to move that this case be postponed until after the expiration of the mOrning hour today. But I would not have made that promise if I could have fore seen that an hour and a half would have been taken up by other business. But havin made the promise, I will move to postpone the further consideration of this subject until after the expiration of the morning hour today. The motion to postpone was agreed to. ORGANIZATION AND INSTRUCTION of MILITIA.
Mr. KASSON. Is this JtResolution before the House b unanimous coasent, or has it been reported from a committee?
The SPEAKER. It. was introduced by unanimous consent b the Gentfrom Wisconsin, Mr. Mr. ASSOPNar.xnijv hepe the Gentfrom Wisconsin [Mr. Pants] will not press this JtResolution to a vote now. It provides for the disbursement of what has cost the Government several million dollars, and a great deal of which would be utterly useless to the States when distributed to them. I should like to read it in print, and I suppose it will appear in the Daily Globe tomorrow.
Mr. PAINE. This measure has been very carefully considered by myself, and I hope it will be passed now. I hope the gentleman will not ress his objection to it.
Mr. WILSON, of Iowa. I would inquire of the Chair if the Jtresolution is now pending before the House.
The Speaker. It is; and the question is upon ordering it to be engrossed and read a 3rd time.
Mr. PAINE. I call the previous question.
Mr. LeBlOND. I desire to say that if I had heard the JtResolution read, I should have objected to it in the 1st instance. But we had no means of knowing what was in the JtResolution until it wasfinally reported.
The Speaker. The title was reported, as is usual, and no objection was made.
Mr. THAYER. I think the general impression of the House was that it was read simply for information. The House thsrhoouguhd not certainly pass so important a measure as this without consideration.
Mr. PAINE. If the motion for the previous question is in order I insist upon it.
Mr. FINCK. I would have objected to the introduction of this JtResolution if I had known what was in it.
The Speaker. Any member had the right to reserve hii' objection until after it was read through; but no member reserved any such right.
Mr. KASSON. Do I understand that an objection will not prevail now?
Mr. ROSS. Is it in order to move to refer this JtResolution to the ComMilAffrs?
The SPEAKER. It is not pending the call for the previous question. Ifthe previous question is not secon ed then the motion will be in order.
Skip Skip The question was taken upon 2nding the demandl for the previous question; and upon a division there were ayes 53, noes 40. Before the result of the vote was announced, Mr. FINCK called for tellers. Tellers were ordered; and Messrs FIXCK and Pawn were appointed. The House again divided; and the tellers reported ayes 66, noes not counted. of The previous question was 2nded and the main question was ordered. The JtResolution was orderengross and read a 3rd time; and bein engrossed, it was accordingly read the 3rd time. The question was upon the passage of the JtResolution. Mr. PAINE. I call the previous question on the passage. The previous question was 2nded and the main question ordered. Mr. ELDRIDGE. I ask for the yeas and an s on the passage of the JtResolution. be ens&nays were not ordered.
Mr. JNCK. Is a motion in order to refer this bill to the ComMilAffrs?
The SPEAKER. That motion is not now in order, as the House is acting under the operation of the previous question.
Mr. FINC. I think that the bill ought to receive the examination of some committee before being passed.
Skip Skip The Jtresolution was passed. Mr. AINE mtRtv the JtResolution was passad; on the table. agreed to. NATIONAL BANKING SYSTEM.
Mr. HOOBER, of Massachusetts. I am directed by the ComBanking&Currency to report back the bill (H. It. No. 677) entitled “An act to amend an not entitled ‘An act to provide a national currency secured by a ledge of U.S. bonds, and to provi e for the circulation and redem ition thereof, and for other purposes, ”’ with an amendment in the nature of a substitute. I move that the substitute be printed; and that the bill be made a special order for Friday next immediately after the morning hour. The motion was agreed to. ORDER OF BUSINESS.
The Speaker. The morning hour has now commenced, and the 1st business in order is the presentation of reports from the comPostOffice. GOVERNMENTAL USE OF TELEGRAPHS.
Mr. KASSON. I ask the Gentfrom Massachusetts [Mr. ALLEY] to yield to me but I may offer as an amendmenta provisionthatNo powers, grants, or privileges herebycopferred shall 0construedto apply: to any telegraphiccommun lteflilon botwcantheU.S. and any foreign coun ry. The gentleman will recollect we have offered some special inducements to the construction of an Atlantic telegraph, and this bill might be construed so as to reopen the whole sub; ject. I hope there will be no objection to the amendment.
Mr. ALLEY. I should be glad to give wa to the Gentfrom Iowa to move his amen ment, for I see no objection to it except that if any amendment be ado ted by the House the effect will be to send the bill back to the Senate, which of course I could not consent to at this late period of the session. I therefore must decline to allow this oran'y other amendment to be made to the bill.
Mr. KASSON. I think an amendment like thatI offer certainly will not expose the bill to be lost in the Senate.
Mr. ALLEY. No one knows better than the Gentfrom Iowa that if the bill goes back to the Senate with an amendment, however unimportant, it will fail to pass at this session.
Mr. KASSON. A Senator asked me to get the House to send something to them because they were passing fancy bills for want of something to do.
Mr. ALLEY. This is an important bill to the American people. Influences have been brought to bear a on the House and the senate to defeat it; Imay say influences of an extraordinary character. Appeals have been made by those who are opposed to this bill to allow them to amend the bill, and the have expressed a willingness to vote for it if a lowed to submit the most.unimportant amendments. It is well understood what their object is. It is, sir, to kill the bill. Now, while the bill may be made possibly more perfect in some particulars, it is a measureof such vast consequence to the American people, and so understood, that I cannot, for one, assume the responsibility of allowing it to be amended in the House so as to send it back to the Senate, there to sleep the sleep of death. I cannot consent to yield the floor for the purpose of giving an opportunit to any gentlemaii to move iin amendment. concede that someamendment mightbe made that would be beneficial to the bill, but the gentlemen who desire in good faith to offer amendments can after this bill has been passed, present them an have them adopted in a supplemental proposition, which, it'defeated at tiiis session of congress, may be adopted at the next session.
Mr. HALE. I inquire of the chairman of the comPostOffice whether we are to understand from his remarks lie proposes to bring this bill to a vote without any opportunity for discussion or amendment of any kind whatever.
Mr. ALLEY. I have stated that I intend to bring this bill to a vote without yielding the floor to the enemies of the bill to propose amendments which I know are sure to kill it. I do not propose to deny to any gentleman who desires to discuss the bill in good faith opportunity to do so; but at this late period of the ls‘ekssion we cannot discuss it as fully as I would i e.,
Mr. HALE. I wish to discuss this bill, but I cannot say now whether I will discuss it in good faith or not, but I have never been in the habit of discussing measures in any other.
Mr. FINCK. I wish to say a few words, and will give way to him for ten minutes.
Mr. ALLEY. I now yield ten minutes to the Gentfrom NewYork, [ML'HALE]
Mr. THAYER. I would like to ask the Gentfrom NewYork what section of the bill proposes to grant power to take and use private property without compensation.
Mr. HALIE. I will answer the gentleman. It is provided in the 1st section thatAn tele raph company now organizedor which mayhereafter be organized under the laws of any State in this Union Shflll have the right to construe. maintain, and operate lines of telegraph thro h and over any portion of the public domain of t a U.S.over and along any military or post roads of the U.S.which have beenor may hereafter be declared such by set of Congress. “Post roads of the U.S.” include as well public highways which have been declared post roads as railroads. In either case there is a right of irivate property involved. In the case of a pubic highwa ', the easement, the servitude of travel, is in the public, while the right to the soil is in the private individunl through whose land it passes; and you have no more right to authorize a telegraph company to erect poles and stretch a wire over a highway that crosses my land without compensation to me, than you have to authorize the comn, without making compensation, to build may house upon my form. In the case of a railroad the company generally owns the fee, but will any gentleman contend that congress has the right to authorize a telegraph companyto make their excavations and erect their structures on the land of a railroad without compensation? All this the bill proposes to do. at into the hands of a cor.
Mr. THAYER. Does the ntleman think that any practical injury could result to anybody from carrying a telegraph wire along the e materiall injured by such an act?
Mr. HALE. The gentleman will allow me to say that it is not a question whether rights are “ materially injured.” Does the Gentfrom Pennsylvania mean to say that because it would be no material injury to me the government has a right to authorize him to cross my farm and set up telegraph poles upon my land without making compensation to me? I ask him that question is answer to that will be my answer to his inquiry.
Mr. THAYER. I do not understand that the bill gives the right to any company to cross anyhody’s farm. It simply gives to the companies the right to carry their wires along the public roads or highways. If there be in that any injury at all it is what lawyers call dam num absque injurz'd. Mr. HALE. Mr. Speaker, whereahighway passes through my farm, as I have before said, the soil of that highway, subject to the public servitude of travel, is as absolutely mine as any right of mine in the world; and it strikes me that the Gentfrom Pennsylvania makes a great mistake when he says that a violation of this right is dammun absque injurid, and that Congress may authorize him to walk across my land ifI choose to say that I prefer his footsteps shall not press it. Whether there be any injuria or not. there is in such a case a damnum which Congress has no power to im ose upon me.
The Speaker., The ten minutes of the Gentfrom NewYork have exired.
Mr. ALLEY. Mr. Speaker, in e several speeches which have been made by gentlemen opposed to this‘bill no one of them has vent ured to raise his voice in opposition to the merits of the measure. Every gentleman with whom I have conversed upon t no subject has been forced to admit that it is a bill of great merit, that it proposes to remedy it great and increasing evil, the power to remedy which on ht to exist somew erer. HOTCHKISS. If the gentleman will allow me, I desire to inquire what is the wres ent value of the stock of the Western nion Telegraph Company.
Mr. ALLEY. The present value is 53 dollars pershare, the par value being $100.
Mr. HOTCHKISS. It has been, I under. stand, $200.
Mr. ALLEY. That was before the stock was watered. A gentleman near me says that it has been watered 16 times. In this he is mistaken. It has not been watered so many times as that; but I cannot say how many times it has been.
Mr. HOTCHKISS. Will the gentfrom Massachusetts give an opportunity for gentle. pin to “raise their voices in opposition to the i?'
The SPEAKER. Does the Gentfrom Massachusetts yield to the Gentfrom NEWYork, [Mr. HOTEHKISS ‘2]
Mr. ALLEY. I do not, unless the gentleman wants to ask a question.
Mr. ALLEY. And I am oing to answer it. The gentleman asks me what is the present value of the stock of the Western Union Telegraph Company.
Mr. HOTCHKISS. The gentleman has an swered that question. My other question was whether the gentleman would give to other entlemen an opportunity “to raise their vonces in opposition to this bill.”
Mr. ALLEY. I understand full well the purpose of certain gentlemen with regard to this bill
Mr. ALL "Y. I going to answer the gentleman's question in my own way. If he will be quiet a will get my answer. public highway, or that anybody’s rights would 1 Will the gentleman Mr. HOTCHKISS. Will the gentleman answer the question directly, without any condition about my being quiet?
The SPEAKER. 1The Gentfrom Massachusettsis entitled to the floor; and the Gentfrom NewYork is not in order.
Mr. ALLEY. I will answer the gentleman, but I deny his right or the right. of any other gentleman upon this floor to tell me how I shall answer a question. If the gentleman will hear me I will answer his question.
Mr. HOTCHHISS. If you do not give the privilege of discussing the matter you should not say no man dares question its propriety.
Mr. KASSON. I inquire whether the bill cannot be improved by amendment.
Mr. ALLEY. I know the bill can be improved in some particulars. of that I have no doubt. But I will say that the bill was thor oughly matured by an able committee of the Senate. It was reported to the Senate and passed by that body after an elaborate discussion, and came to this House. I have taken great pains to become satisfied in regard to the points raised, and have consulted some of the most eminent lawyers in Congress, who, without a single exception, save one, I believe, are of the opinion that the bill is constitutional.
Mr. ItASSON. The gentleman does not understand me. The difficulty I have is a practical one. The bill does not reserve to the U.S. the right to regulate the tariff of charges, which I think ought to be done. There is nothing to)rcvent the company acting under this bill with the old monop oly. We are now paying an extravagant and unprecedented rate of duty for telegraphing. It should be put in connection with the postoffice Dept as far as possible. To that I agree. But we should fix 9 maximum rates 0 of any consti ‘ the company should charge. In view of these amendments I ask my friend whether he thinks the mysterious influences of which he has spoken. but of which I am fortunately ignor ant, will have changed the opinion of the Senate since they passed this bill, if we send it back to them.
Mr. ALLEY. While I do not say any improper influence has been or Wlll be brought to bear upon the Senate, still I believe the bill will be lost if we send it back to them, and with that strong conviction I should be recreant to my convictions of duty thus to jeopardize its passage.
Mr. WASHBURNE, of Illinois. I have not looked at this bill before this morning, but if it will tend in any way to break up the present stupendous Imonopoly I am for it. It must be apparent to every member that this telegraph monopoly has become oppressive to the people and they ought not to be called upon to bear it any longer. The gentleman says it is an ont rage. They are combining, confederating, and consolidating until it seems that they have almost every telegraph line within their clutches; they are taxing the people to a most enormous extent; and now, if this bill will in anywaytend to break down that monopoly, I am for it. The Gentfrom Massachusetts [Mr. Au EY] is pretty sound on this question of telegraph mo nopoly I wish he was equally sound on some other questions which may come up here and I desire to carry out the ideas which the gentleman has expressed. Now, the3rd section contains a very important provision. I do not think it goes far enough. It is intended to prevent the transfer of the “privileges hereby granted.”
Mr. HALE. As the gentleman has entered freshly into this case, I wish to ask him if in his eager haste to break down telegraph monopolies he is willing to violate the Constitution by taking private property without com: peusation, and whether he is willing to sacrifice an American monopoly for the benefit of a foreign monopoly.
Mr. WASHBURNE. of Illinois. I do not propose to violate the Constitution or build up any monopoly, as the gentleman suggests, at all; but I have an amendment that I wish to propose to this bill.
Mr. HALE. You cannot do it by the Gentfrom Massachusetts will not let on.
Mr. WASHBURNE. of Illinois. 0 l, I think he will. I was calling the gentleman’s attention to an amendment which I think he will agree to. I have no fear that it will not be concurred in by the Senate or that they will not pass the bill during the present session. I want a provision incorporated by wlkiph, in casefihe company undertake to sell on their rights, this act shall be repealed. I propose to amend the 3rd section, which provides "that the rights and privileges hereby granted shall not be transferred by said company to any other corporation. association, or person without the consent of Congress, " by adding these.words, “and any such transfer, either direct or indirect or under any color or pretense whatever, shall operate as a repeal of this act.”
Mr. ALLEY. I object to the amendment and call the previous question.
Mr. JOHN SON. I appeal to my colleague on the committee.
Mr. JOHNson. I must say this is a violation of faith on the part of the chairman of the committee.
Mr. ASHLEY, of Ohio. The chairman of the committee can yield to the gentleman after the previous question is 2nded.
Mr. JOHNson. We were assured wewould have an opportunity to debate it. I did not want to occupy more than ten minutes.
Skip Skip On 2nding the demand for the previous question no quorum voted. Tellers were ordered; and the Spt aker appointed Messrs. ALLEY and FINCK. The House divided; and the tellers reported ayes 51, noes 45. So the previous question was 2nded. Mr. HXLE. On ordering the main question I demand the yeas&nays. The yeas&nays were ordered. The question being taken on ordering the main question, it was decided in the allirmative yeas 74, nays 60, not voting 48; So the main question was ordered; and under the operation thereof the bill was ordered to been rossed and read a 3rd time.
Mr. FINCK. Is it in order to move to recommit?
The SPEAKER. Not pending the operation of the previous question. The bill being engrossed was accordingly read the 3rd time.
Mr. ALLEY. I demand the previous question on the assa e.
Mr. HALE. move to lay the hill on the table and on that I demand the yeas&nays.
Mr. JOHNson. I would like to make a motion to 0st one it till December next.
The SPEAKER. The motion to lay on the table has priority.
Mr. HALE. I will withdraw the motion to lay on the table, and will call the yeas and mi s on the passage.
Mr. JOHNSON. Will the chairman of the committee yield for a motion to postpoit?
Mr. ALLEY. I decline to yield for that perose. e previous question was 2nded.
Mr. FINCK. Is it not always in order, Mr. Speaker. to Xost one to a day certain? “
The SPE K R. It is not. The preVious question has priority of it, also the motion to lay on the table. The motion to postpone to a day certain is 4th on the list.
skip skip The main, question was ordered on the passage of the bill.Mr. HALE. I demand the yeas&nays on the passage. The yeas&nays were ordered. The question being taken on the passage of the bill, it was decided in the affirmativeyeas 72, nays 62, not voting 48;. So the bill was passed. After the roll call had commenced, Mr. JOHNSON said: I was told by the chair man of the committee that he would give me a part of his time. The Speaker. The roll call has commenced. The result having been announced as above recorded, Mr. ALLEY mtRtv the bill was passed; upon the table. Mr. HALE. On the latter motion I demand the yeas&nays. The yeas&nays were not ordered. The motion to lay on the table was agreed to..
The Speaker, by unanimous“ consent, laid before. the House the following commu iiication: WASHINGTON.July 11.1866, To the honorable member of the HoRepof the U.S. Congress. The directors of the National Soldiers' and Sailors’ Orphan omo take the liberty to lnVllOyour honor nhlo body to honor the fair by your presenceon the UFffiSlOoDf its final close and the presentation of the articles voted for to the successiul candidates.on thiiisdiiy evening.the 12thinstant, at 9 o‘clook. Very respoetfully. Mrs. J. C. CARLISLE. Secretary. ASST HOUSE STENOGRAPHER.
Mr. ROLLINS. I ask unanimous consent to report back the following resolution from the Committee of Accounts: Resolved. That the Speakerbeauthorizedto appoint a competeutstenoirrapberas asst offieial reporter to the committeesof the House.whoshall bepaid out of the contingentfund. commencingthe 1stof June. 1860.the same compensationpaid to the o fiicinlre porter. and whoseterm of serviceshall expireMarch
Mr. HALE. Iiobjcet to that unless there is o portunit for discussion and amendment.
Mr. ROL INS. Very well. I will with draw it. GERMAN TARGET ASSOCIATION.
Mr. ASHLEY, of Ohio. by unanimous consent, introduced a bill to incorporate the German Target Association of the city of Washington; which was read a 1st and 2nd time and referred to the ComDistCol. PACIFIC RAILROAD BONDS.
Mr. PRICE, by unanimous consent, introduced a bill to authorize the issue of certain bonds in denominations greater than $100 which was read a 1st and 2nd time an referred to the ComPacRailroad. CALWORNIA LAND TITLES.
Mr. BIDWELL. I ask to take up from the Speaker’s table Senate bill No. 343, to quiet land titles in California. with the action of the Senate on the amendments of the House thereto. No objection was made.
Mr. BIDWELL. The Senate have agreed to all the amendments of the House to this bill except the 10th. I move that the House recede from that amendment. l; The 10th amendment of the House, disa greed to by the Senate, was read as follows:. Add to section 9, at the end of the bill. the fol 1 lowmirproviso: Abifp. That fromdecreesof the distrlot. courts.as ioresaid made after July 1. 1865a.ndprior l to the pay '0 of thisucLan appealinn betaken to the Lane late csircuit court for the late of California Within oneyear from the approval of this act::5' n Prnoi'dml.That in any such casein which an appeal 1' may be ifllicll undertho provisionsof this sectionthe said circuit court shall not be precluded by the terms 1 of the decreeof confirmation or by reason of any clerical mistake therein from determining the bound onrriigesine afl the land claimed in accordance with the grant and the real justice and meritsof the 0886
Mr. JULIAN. Thatis an amendment which was agreed to by the ComPubLands, and I can see no objection to it. I hope the House will not aerce to the motion to recode from that amendment, but will appoint a committee of conference to arrange the difference between the 2 Houses.
Mr. BIDWELL. The effect of the amendment is to allow the circuit coprt to review and open a case which has been confirmed by the Supreme Court. We think that is wrong. The whole object of this bill is to quiet land titles in our State, and I hope the House will recede from its amendment.
Mr. JULIAN. I want to ask the Gentfrom California why that amendment was adopted.
Mr. PAINE. This matter seems to be taking up some time. I must resume the floor. he SPEAKER. The Chair thinks the amendment is before the House.
Mr. JULIAN. I do not propose to detain the House at all.
Mr. BIDWELL. I have moved the the House recede from its amendment.
Mr. JULIAN: I move that the House in sist on its amendment and ask a committee of conference. I wish to make a simple statement to the House. The difficulty arises from a clerical error in the records of the Supreme Court. affecting large landed interests. The boundaries of a tract described were impossible boundaries; they did not inclose the land at all; and the object of this amendment is to cover that case and allow the Supreme Court on up cal, to correct that clerical error in the recor of the court below; and there can be no objection to it.
Mr. JULIAN. I have the statement from gentlemen from California, and upon their statement the committee adopted this amendment.
Mr. PAINE. I yielded the floor to the Gentfrom California with the express stipulation that he should only hold it for live minutes, and if he has any parliamentary right to hold it longer, it is due to me that he should withdraw his motion. Personally I would be perfectly willing to give him all the time he asks, but there is another question of privilege behind mine, and the gentlemen who have charge of it insist that I either go on now' or yield to them.
Mr. BIDWELL. I have not taken up any time, and I merely ask ntvote.
Mr. WASHBURNE, of Illinois. I desire to move to postpone the consideration of this question until tomorrow morning.
Mr. BIDWELL. I withdraw my request. The bill was therefore returned to the Speak er’s table. “ ELECTION CONTEST AGAIN. The House then proceeded to the consideration of the following resolution reported by Mr. PAINE from the ComElections: Resolved.That llon. John L. Dawson is entitled to retain hisseatasRepresentalivi'vinthe Thirt 9th Congressfrom the 21st distrietofthe tatoof Pennsylvania.
Mr. PAINE. I yield to my collea e on the committee from Pennsylvania [Mr. comma] to move an amendment for the resolution reported by the committee.
Mr. SCOFIELD. I submit the following are amendment to the resolution reported by the ComElections: Run/ned, That Smith Fuller is entitlodto ascatas n Representative in the 39th Oougress from the 21st district of Pennsylvania.
Mr. PAINE. The journal of the committee is not paged; but I find under date of June 10, 1866, the following: “"The committee met. Mr. Koontz concludedhis argument in the case of Koontz against Coffroth. “The committee voted upon the case of Fuller mainst Dawson. 21st congressionaldistrict of Pennsylvania. The vote upon the right to the scatstoodas fol ‘0“W8: For Dawson Dawes, Marshall. Paine, McClure, an“d Nicholson. For Fuller Scofield and Baxter." It appears, therefore, that there were 7 members of the committee who voted on that occasion, and of those 7 5 voted for this report and 2 against it. 2 members of the committee, It essrs. Scorn:11) and Sui:1. LABARGER, were absent. 2 did not vote, namely, Mr. Ursos and Mr. SHEILABARGER, of whom the latter was absent and the former was present, but asked to be excused from voting; he reserved his vote, and I do not know that he has up to this time given it either to the contestant or to the sittin member, nor do I know why he withheld it whon the decision was made, unless it was because he had not then arrived at a conclusion in the case.
Mr. SHELLABARGER.Mr. Speaker, it is due to myself that I should say that my ab sence from the ComElections when it was investigating the matter now before the House, was due to my almost compelled presence and attendance upon the investigation of a select committee of this House, for the proceedings and doings of which committee I felt more responsibility than I did in regard to the groceedin s of this regular committee of the house. hat explains the fact that during the entire investigation of the ComElections in this particular case, I was not able to be present or to participate in the conclusions at which they arrived.
Mr. SCOFIELD. Will the gentleman allow me to interru t him a moment?
Mr. SCOFIELD. I would like to have it understood whether the Gentfrom Wisconsin, [Mr. PAINE] in denying that Fuller had a majority of 16 votes, is only speaking of the legal votes, or the votes legaly cast. I take it that in this review offere by the contestant he means to say that if all the votes had been counted by the committee, those that were formal and those that were not formal, he would have had a majority of 16. And when the Gentfrom Wisconsin controverts that, he means to say, I suppose, that i there was no such majority formally certified; takin advantage of all the informalities or mista es, whatever they are, I want to have him state clearly what he means.
Mr. SCOFIELD. I would like to know for whom the gentleman speaks when he says that hereafter no contestant shall have as much care and attention shown to his case as has been given to this. I think he will find no such resolution on the records of the committee that they will never treat another case as fairly as this.
Mr. PAINE.Mr. Speaker, I certainly did not speak for the Gentfrom Pennsylvania. I will frank y admit that his habits of marvelous industry will necessarily lead him in all future contests to make as diligent and thorough an examination as he has made in this. merely meant to state the result of conversations with the committee a majority of them, I think, though I may be mistaken about that
Mr. SCOFIELD. Not the committee, but individual members of it.
Mr. PAINE. That is all. I do not mean to say that the committee have taken a vote on the resolution, but I do say that I believe they have come to the conclusion that they have granted in this case indulgence to the contestant at‘ the expense of the sitting member which they will never feel justified in granting again to any contestant. At all events that is my conviction. Now, sir, I was very anxious myself to find a substantial return in regard to the McClellan hospital. h
Mr. SHELLABARGER. I would like to understand the gentleman a little more expli citly in regard to the return of company A, 155th regiment. e has given an explanation in regard to its not being sworn to, but he has not explained, I believe, in regard to setting it aside.
Mr. PAINE. I explained it fully, but the gentleman does not seem to understand whatI said. I said that a 2nd objection was that the poll book was absent, that there was no poll book at all. I am asked again what difference that makes. I answer, as Isaid be fore, that it makes no difference with me, it makes no difference with the Gentfrom Ohio, [Mr. Snnnmnsnosnfl who was of the minority of the committee in the case of Koontz vs. Coffroth, nor with my friendfrom Penns l vania, [Mr. ScorisLn, ] who was also of t o minority, but it makes a very great difference with the majority of the committee.
Mr. SHELLABARGER. I understand my collea e to take the ground that the House must allow its determination in the case of Koontz vs. Coffroth; that that becomes the law of the House, which we must follow as the decision of the court of last resort in this case; that is, we must follow what in colleague regards as that judgment. Now, maintain that neither he nor I nor anybody else is bound to look upon the decision of the House in a for mer case in any other light than a mere prop position, not as authorit.
Mr. PAIN E. It wouI’d be utterly impossible for me to be more explicit than I have been on that point. I can only repeat what I have said. I have said over and over again that if you count company A, 150 5th regiment, as the Gentfrom Ohio believes and as the Gentfrom Pennsyl vania believes it should be counted, and as I believe it should be counted, it can make no difference in the result in this case. I further say, as I said before, that although the report of the majorit of the committee in the case so often ret'crre to was ratified in this House, I feel not only authorized but bound in this case to vote in accordance with the opinion which I maintain in the minorit report in the case of Koontz vs. Coffroth. Ianswer him, then, by saying that I do not believe this House is bound to follow the rule which the House adopted in that case, but I believe we are at liberty, if we see fit, to reconsider and change the rule which was then adopted, and I have no doubt that we ought to do so. But I have to ask how you will change the result in the case now before us when you have done all that, when you have reconsidered and rescinded the rule which you then laid down, as I believe you'ought to do? You will not affect the result in this case. You will still leave the sitting member in his seat. I have not intimated and the gentleman misunder stood me if he thinks I have that this House is bound to follow an incorrect decision. I repudiate that idea. We are not only not bound to follow it, but are, in my judgment, in duty bound not to follow it.
Mr. SCOFIELD. IfIunderstand to friend, he now says that company A, 155th regiment, were counted for Fuller, so that that makes 7votes to be taken from the 15 majority counted for the sittin member, leaving him in. Do I understand is position correctly?
Mr. SCOFIELD. I do not want an expla nation. If the gentleman wants to meet this case with fairness, he will give us a categoricafanswe'r without talking and explaining and making speeches about it. Is he in favor of counting the 7 votes given by the soldiers of company A, 155th Pennsylvania regiment, or is he in favor of reject in them?
Mr. PAINE. I shall be very apt to answer the gentleman in my own way. I do not quite like to hear him say that he now understands this matter so and so, as if I had ever expressed a different opinion. I repeat that I have always thought, as I think now, that this return should have been counted. I say so in the report and have repeatedly said so in the House today. Why did not the gentleman read the report and ascertain my opinions there, instead of asking me whether he understands that now I say “so and so?” If that return would change the result it would change my vote in this case. But it makes no change in the result. I have said nothing different from this, and it is idle to insinuate that I have stated one thing in the report, or heretofore on this floor, in reference to this case, and now state another thing. I now answer the gentleman “cate gorically, ” and say that' that return ought to have been counted. [Here the hammer fell.]
Mr. PAINE. I have not yet reached the main points of my argument, and should be glad of an extension of time.
Mr. SCOFIELD. I move the gentleman’s time be extended.
Mr. PAINE. Personally, I do not desire to proceed, but I thoughtit due to the gentlemen on the other side hat I shouldfully explain what they have to meet. But there seems to be some 0 position, and perhaps I had better wait until take the floor to close the debate. "hi‘r '11. or} wh FRIDAY, July 18, 1866. l The House resumed the consideration of the report from the ComElections.
Mr. PAINE. I have not yet commenced my argument in this case.
Mr. INGERSOLL. Is it in order to move to extend the time of the Gentfrom Wisconsin?
Mr. SCOFIELD. I have the floor, I believe.
Mr. INGERSOLL. I supposed I made my motion in time.
Mr. SCOFIELD. I obtained the floor, and object to being taken off it without my consent. I was going on to say that I had no objection to this Gentfrom Wisconsin gorn on and finishing his speech if the House is wi lin that he shall do so. I was going to ask the house to grant him an opportunity to continue his
Mr. PAINE. hsp.e'ccIhd.o not ask any such privilege. I shall have an opportunity to close this debate.
Mr. SPALDING. I desire to ask the Gentfrom Pennsylvania if there is any prob. ability that a vote will be taken on this question this evening.
Mr. SCOFIELD. I know nothing about it. I shall only occupy ten or 15 minutes.
Mr. SPALDING. I wish to give notice that as soon as this case is closed I s iall call up the report of the select committee on the recent breach of privilege.
Mr. PAINE. I admit just this: that if you count all the votes that appear upon the papers presented to us by the contestant, and which to calls “returns, ” than he has a majority of 16 votes. ButI do not admit that votes enough were ever returned frommilitary precincts, either to the prothonotary’s office in Pennsyl vania, or to the office of the secretary of the Commonwealth, to give the contestant a majority of 16. I do not know how that is; but I do know that no proof of anything of the kind has ever been made to the committee.
Mr. SCOFIELD. The Gentfrom Wisconsin reasserts his admission instead of re tracting it. If all the returns, informal and otherwise, are to be counted, the contestant, as he states, has a majority of 16 votes. But when you come to apply the technical rules, which to some extentt ic Gentfrom Wiscousin indorses, and which 1Ibelieve the chair man of the committee [Mr. Dawns] indorses to a greater extent for he is a great admirer of forms and to count. these votes in accordance with them, then you exclude 30 or 40 more for the contestant than you do for the sitting member.
Mr. PAINE. I beg the gentleman to allow me to interru t him for one moment.
Mr. SCOFIELD. There are 2 or 3 gentlemen who are intending to repl to me, and Ionly want ten minutes in all. owever, if it is only for a question, I will yield.
Mr. PAINE. I‘hat is all I want; I do not wantto make a speech. Will the gentleman be kind enough to tell this House whether he regards the return in the ease of Camp Hamilton as anything upon which this House can act?
Mr. SCOFIELD. I shall not. reply to the gentleman just now by giving him an answer about Camp Hamilton, because votes from other cam s are in issue now.
Mr. PAINE. Will the gentleman allow me to say to this House that the return in the case of Camp Hamilton is nothing but the oaths and the certificates of oaths, without any poll book, tally list, or anything to show how the votes were cast?
Mr. PAINE. The gentleman, I understand, insists that it shall be counted.
Mr. SCOFIELD. I will not say by whom they were numbered, because I do not know. But they were all so numbered, and the gentleman will not deny it.
Mr. PAINE. I would like to make a single statement just here. I think that from the remarks of the gentleman the House will not understand the fact correctly.
Mr. LAWRENCE, of Pennsylvania. Mr. Speaker, I have a very little to say on this question, but I prefer tosay it tomorrow morning, and I will yield to the Gentfrom California. LAND TITLES IN CALIFORNIA.
Mr. BIDWELL. I move the appointment of a committee of conference on the disagreeing votes of the 2 Houses on Senate bill No. 343, to quiet land titles in California. The motion was agreed to. REPORT OF RECONSTRUCTION COMMITTEE.
Mr. LeBlOND. I rise to a privileged question. I find that the report of the JtComReconstruction has been brought into the House bound, but incomplete. It was or‘ dered by the House that the wholereport be published, together with the testimony. In this vol ume I find the minority report is not included. I understand the order of the House embraced the mine t'it as well as the majority report. It may be sai that the minority report was not brought in simultaneously with the majority report. I grant it.‘ But at the time that the majority report was presented notice was given by a member of the committee that the minority report would be submitted in a short tune. That was notice to the House and should haye been notice to the Printer, or to the ComPrintg.
Mr. WASHBURNE, of Illinois. I do not see that this is a question of privilege.
The Speaker. It is, but the gentleman must condense his remarks.
Mr. WASHBURNE, of Illinois. Let it be referred to the ComPrintg to report It on. pMr. LeBlOND. I do not know who is responsible for this omission, whether the ComPrintg or the Public Printer, but unless it was a mere accidental omission it certainly merits the censure of this House. It is just as necessary that the minority report should go to the country as the majority.
The SPEAKI'. R. The gentleman has raised his question. The majority report was ordered to be printed on the 8th of June; the minority on the 19th. 11 days afterward. The House subsequently ordered a certain number of copies of the testimony to be printed. It may possibly solve the difficulty if the ComPrintg examines the matter.
Mr. GRIDER. The report of the majority of the committee is the 1st matter contained in this volume. The testimony comes after that, although itjwas taken long before there was a mnjont report.
The SPEAKER. The Chair will remind the Gentfrom Kentucky of the fact of which e must be well aware, as an old member of Congress, that whenever a report with testimony is printed the report always precedes the testimony.
Mr. GRIDER. I desire to state that the minority report was ordered to be printed 2 days after the majority report was ordered to be riuted
The SPEAKER. The Chair is informed' that it was 11 days after.
Mr. GRIDER. I After that the chairman of the ComReconstruction on the part of the House [Mr. STEVENS] moved for the printing of an increased number, and he himselftnoved that the reports both of the majority and minority should be printed.
Mr. WASHBURNE, of Illinois. I must object to further discussion on this matter. If gentlemen opposite want further investigation into this matter let them have it.
Mr. wENTWORTH. Let us have the order to irint read. the SPEAKER. The Chair will state that the Journal shows that the majority report was made upon the 8th of June and the minority re art upon the 19th of June.
Mr. GRIDER. I do not want to be misap rehended. I knowthe reports were so made. at leave was ranted to the minority to make a report imme iately after the majority report was received.
Mr. LeBlOND. I desire some action on this matter' but. as this book has already been published I do not exactly see how any correction can be made now.
The Speaker. Ifanywronghasbeen done, however, it can be reported to the House. ‘Mr. WASHBURN, of Illinois. It is due that the facts which a pear on the record should be known, and that can only be done by a reference to the ComPrintg.
Mr. LeBlOND. I move the reference of this matter to a select committee of 5, with instructions to ascertain why this book is published in violation of the orders of the House.
Mr. wASHBURNE, of Illinois. I object to a select committee, and move that the subject be referred to the ComPrintg and on that motion I demand the previous question.
Mr. wENTWORTH. What is the question before the House?
The SPEAKER. The point made by the Gentfrom Ohio [Mr. LeBlOND] is that an order of the House has not been complied With.
Mr. WENTWORTH. Do I understand the Gentfrom Ohio to make such a specific charge as that?
The SPEAKER. the gentfrom Ohio has stated at some length the facts upon which he bases the charge.
Skip Skip The question was put on the motion of Mr. Wasnmmxn, of Illinois; and there were ayes 47, noel 36; no quorum voting. Tellers were ordered; and Mr. Wasnnnnwn, of Illinois, and Mr. Ln Bnoxn, were appointed.
Mr. LeBlOND. Inasmuch as there is probably no quorum resent, I am willing to ct this question stan over until tomorrow. I move, therefore, that the House do now adjourn. The motion was agreed to; and thereupon (at live o’clock and 15 minutes p. m.) the House adjourned.
Skip Skip PETITIONS, ETE. The following petitions. &c. werepresentedlunder thBeyrule and referredto the approprlatocommittees: Mr. ANCONA: The memorial of Charles M. Pott, asking to havethe provisions of an act increasing the rates of pensionsin certain cases extended to 1m. By Mr. HULBURD: The petition of Edward A. Persons for American enrollment and licenseof the schoonerGeorgeHarvey. &c. late of Toronto. Mr. KELLEY: The petition of Mcssrs.Daniel S. Clurg. William W. Hall, and William B. Rogers, surcties for ] J. Simnkins, deceased, late collector for the port of Norfolk, Virginia, appealing to the justice of Congress to be releasedfrom the payment of a certain amount of mopey which remained in the handsof the said Simpkms on the breaking out of the late war, which amount was orderedby John letcher, then Governor of the State of Virginia. to be surrendered to the treasury of thut State. the order being communicated to Silnpktns through General Benjamin Huger.then commandingthe army in and near the city of Norfolk. then in arms against it": U.S., and havrng full powerto enforce e order.
@@@IN SENATE SENATE. Tuossnar, July 12, 1866. Prayer by the Chaplain, Rev. E. H. Gnsr. On motion of Mr. WILSON, and by unanimous consent, the reading of the Journal of yesterday was dispensed with. EXECUTIVE COMMUNICATION.
The PRESIDENT protempore laid before the Senate a communication from the SecyNavy, transmitting, in answer to a resolution of the Senate of the 19th of March last, a report from Rear Admiral Charles H. Davis, Superintendent of the Naval Observatory. in relation to various proposed lines for interoceanic canals and rai roads between the waters of the Atlantic and the Pacific oceans' which was referred to the ComNavAffrs and ordered to be printed.
Mr. GRIMES subsequently said: I move to reconsider the vote by which the communication from the Navy Dept was referred to the Naval Committee. I understand that it is in relation to the routes of transit across the Isthmus of Darien, and was called for by a res olution of the Senfrom California, [Mr. Conness] It is not properly a naval question. I suggest that the document be permit ted to lie on the table until he shall be in the Senate, and then he can make such a disposition of it as he chooses.
The PRESIDENT protem ore. No objection being made, the vote wi I be regarded as reconsidered, and the communication will lie on the table.
Mr. CONNESS afterward moved the reference of the communication to the ComPostOffices, and the motion was agreed to.
Skip Skip PETITIONS AND MEMORIALS. Mr. ANTHONY presented the memorial of Richard H. Bryan, a loyal citizen of Stafford county, Virginia, (praying for compensation for supplies furnishe to the Army during the war; which was referred to the ComClaims. Mr. JOHNson presented a memorial of dealers in cutlery and hardware in Baltimore, complainin" of the excessive duties proposed by the pending tariff bill to be imposed upon imported cutlery and hardware; which was referred to the ComFinance. REPORTS or COMMITTEES.
Mr. WADE. The ComTerrito ries, to whom was referred a bill (H.R.No. 315) for the relief of inhabitants of towns and villages in the Territories of NewMexico and Arizona, have had it under consideration. This bill refers entirely to land titles and to modifying the homestead bill, &c., and does not properly belon to the ComTerritor. I move that that committee be discharged from it and that it be referred to the ComPubLands. The motion was agreed to.
Mr. WADE, from the ComTerritor, to whom was referred the bill (S.No.404) to regulate the selection of rand and petit jurors in the Territory of Uta, and for other purposes, reported it with amendments.
Mr. POMEROY. from the ComPubLands, to whom was referred the bill (S.No.420) to revive and continue in force the provisions of an act granting public lands in a ternate sections to the State of Mississippi to aid in the construction of railroads in said State, and for other purposes, approved Au gust 11, 1856, reported it without amendment. Mr. EDMUNDS, from the ComCommerce, to whom was referred the bill (S.No.419) repealing an not entitled “An act repealing certain (provisions of law conceruin seamen on boar public and private vessels of the U.S., ” approved June 28, 1864, reported it without amendment. Mr. MORGAN, from the Committee on Fi nance, to whom was referred the bill (H.R.No. 674) to establish additional offices for the assay of gold and silver, and for other purposes, reported it with an amendment. Mr. STEWART, from the ComPubLands, to whom was referred the bill (S.No.415) to amend an act entitled “An act to grant the right of preemption to certain settlers on the Soscol ranch in the State of California, ” reported adversely thereon, and moved the indefinite postponement of the bill; which motion was agreed to.
Mr. POLAND. I ain instructed bya majority of the ComJudiciary, to whom was referred the JtResolution (S.R.No. 102) construing and giving effect to the JtResolution entitled “A resolution for the relief of the State of Wisconsin, ” approved July 1, 1864, to report it back with an amendment; and I' am also instructed by the same committee, to whom was referred a memorial of the Milwaukee and Rock River Canal Company on that subject, to ask to be discharged from its further consideration. REGISTERS to vnssELs.
Mr. HOWE. The ComCommerce to whom was referred the bill (H.R.No. 727 declaratory of an not entitled “An act authorizing the SecyTreasury to issue registers to vessels in certain cases, ” approved February 10, 1866, have directed me to report it back with 2 amendments, and to recommend its passage. The bill has to go back to the HoRep, and if there be no objection I should like to have it considered now. It is very brief. B unanimous consent the bill was considere as iu ComWhole. It declares that the act approved on the 10th day of Feb ruary, in the year 1866, entitled “An act further to regulate the registering of vessels, " shall not be deemed or construed to affect or limit the operation of the act approved on the 23d day of? December, 1852, entitled “An act authorizing the SecyTreasury to issue registers to vessels in certain cases, or the practice under the same, but it shall be in full force and effect, anything in the act 1st named to the contrary notwithstanding. The 1st amendment reported by the ComCommerce was in line 5, after the word “act, ” in the quotation of the title of the act of February 10, 1866, to strike out the word “4th.”
Skip Skip The amendment was agreed to. ' The next amendment was in lines ten and 11 to strike out the words “ or the practice under the same.”
Skip Skip The amendment was agreed to. The bill was reported to the Senate as amended and the amendments were concurred in. It was ordered that the amendments be engrossed and the bill be read the 3rd time. i The bill was read the 3rd time and passed. The title of the bill was amended so as to read “An act to regulate the registering of vessels.” BRHTCHES, ETE., IN PACIFIC STATES.
Mr. STEWART. I am instructed by the ComPubLands, to whom was referred the bill (H.R.No. 865) granting the right of way to ditch and canal owners over the public lands in the States of California, Oregon, and Nevada, to report it back with an amendment and with a recommendation that it pass; and I ask for its present consideration for the reason that the substitute reported is the same that was in a section of a bill that was considered by the ComMining and passed. It has already been considered and passed b the Senate andis well guarded, and Ishou (I like to have the bil. but on its passage now.
The PRESIDENT protempore. The Senfrom Nevada asks for the present consideration of the bill just reported by him. It requires unanimous consent to consider a bill on 0 day it is reported. No objection being made, it is before the Senate. THE TARIFF BILL.
Skip Skip A message from the HoRep, by Mr. McPnunsox, its Clerk, announced that the House had passed a bill (H.R.No. 718) to provide increased revenue from imports, and for other purposes, in which it requested the concurrence o the Senate.
Mr. FESSENDEN. I hope the Senfrom Nevada will allow me to take up the tariff bill, which has just been brought in, for the purpose of havings t referred and printed.
Mr. STEWART. This will take but a moment.
The PRESIDENT prolemporc. The Senfrom Maine asksmnanimous consent to take up the tariff bill just received from the HoRep. The Chair hears no objection. The bill (H.R.No. 7‘18)to provide increased revenue from imports, and for other purposes, was read twice b its title.
Mr. FESSENDEN. I move that the bill be referred to the ComFinance. It will be printed, of course, under the rules.
Mr. GRIMES. I move to amend that motion by referring the bill with instructions to the committee to report it on the 2nd Wednes day in December next.
The PRESIDENT protempore. The nestion is on the amendment of the Senfrom Iowa to the motion to refer.
Mr. CONNESS. This will necessarily lead to discussion, and I hope the pending bill will be allowed to be disposed of 1st.
Mr. FESSENDEN. If the tariff bill is to be referred to the committee it is very important that it should be printed, and it is very important that it should be done immediately. It is very late in the session, and the question ought to be settled on the motion of this Senfrom Iowa.
Mr. CONNESS. Very well, I will not interpose.
Mr. POMEROY. I suggest that this matter be'laid aside informally until we get through with the mornin business.
The PRESIDENT protempore. The Senfrom Iowa is recognized by the Chair as having the floor.
Mr. POMEROY. If the Senator will allow me, he knows that I agree with him, but I think it is entirely out of order to discuss the merits of the bill on the question of reference.
Mr. GRIMES. I am not discussing the merits of the bill. I understand that on' a question of this kind I have a right to assign tereasons why I think the bill ought to be postponed.
Mr. POMEROY. ButI was speaking of the merits of the bill. On the question of the post ponement of the bill to next December, of course the reasons why it should or should not be postponed may be stated; but I do not think proper to discuss the whole merits'of the l.
Mr. GRIMES. Mr. President, I have no desire to discuss the merits of the bill, but I have assigned, as I think, 3 reasons which are substantial reasons in my view why this question should go over until December. The bill, according to its provisions, cannot go into effect until the 1st of) August. I do not think that the ComFinance can give it that consideration and investigation that it deserves, and that they will be disposed to best'ow upon it, and be able to report it b ack and have it acted upon by this body before the 1st of Au gust. The postponement therefore until the 1st of December will only be for 4 months. In the mean time we can learn what the sentiment of the country is in regard to n measure of this kind, and we can determine whether or not, in view of the law which we have passed in regard to internal taxation, there is absolutely any necessity for the passage of any such bill as this.
Mr. JOHNson. That can be taken up separately.
Mr. HENDERSON. I do not wish to take up the time of the Senate; butI am very much in hopes that the Senate will consent to postione to a future day the consideration of this bill. Of course it would be improper, even if I were informed of the different provisions of the bill that the House has sent to us, to enter into a discussion of the merits ofitat thistime. I am not and cannot be sufficiently acquainted with it to speak of its details until it shall have been printed and laid before us; but, sir, I understand the encral character of the bill is to increase the uties upon imports. I believe it decreases the duty upon scarcely any article whatever.
Mr. WADE. WilLthe Senator tell me how he is about to reform this inflated currency while all your specie goes out of the country to pay for foreign goods? He says the 1st thing necessary is to regulate the currency. I should like to knew how that can he done.
Mr. HENDERSON. Really that would open up a discussion that would be very burdensome upon me. The Senator has heard my views upon currency questions, if he paid any attention to them, on several occasions when I have addressed the Senate. I cannot now enter upon that subject. It is certainly too vast a field for me to enter upon. I may say, however, that there are various ways in which there might be a curtailment of the currency. If I be my way, I could tell the Senator very plainly how I would begin it; but of course he would differ with me‘so essentially in that regard that my argument would amount to nothing in his estimation., But, Mr. President, I was saying that since 1362 we have been annuall increasiii the tariff, and what has been the excuse or it every year? We all know that it was because we were levying internal duties, and it was said that a corresponding increase of the tariff was absolutely essential to save our manufacturers from oppression and ruin; but what have we done at this session? This year we have decreased the excise tax on all manufactured articles from 6%. to 5%. We have taken a large number of manufactured articles previously taxed and put them on the free list. Now, will any gentleman tell me, under such circumstances, what excuse there is for a still higher tariff than we had before? If I understaii it, there is an increase of the duties upon railroad iron in this bill to the extent 0 about 8 dollars perton.
Mr. WADE. bone at all., Mr. HENDERSON. Then it has been very recent] altered.
Mr. FESSE'NDEN. Yes; it was altered in the other House.
Mr. HENDERSON. It must have been altered just before the bill was passed. I understand, at any rate, that on almost all articles of iron manufacture there is a ver large increase of duty; for instance, on cut cry an increase of from 70 5to 200%.
Mr. WADE. Will the Senator allow me to ask him a question right here?
Mr. WADE. If an increase of the tariff will increase our revenue so much and not stop the importation of foreign goods, ought we not certainly to make use of it as a revenue measure? Some pretend to say that the importations will fall off. The Senator says they will not.
Mr. WADE. If they will not fall off, is it not the most obvious thing in the world that we ought to nit on a higher tariff?
Mr. HENDERSON. There is a large increase upon every woolen manufacture.
The PRESIDENTproiempore. The motion before the Senate is that the bill from the HoRep be referred to the ComFinance. As an amendment to that motion the Senfrom Iowa moves that the committee be instructed to postpone their report until the 2nd Wednesday in December next; and the question is on the amendment to the motion.
Mr. EDMUNDS. I demand the yeas and navs on that amendment to the motion. The ycas&nays were ordered.
Mr. Presicut, I have not come here to represent the wool growers. I come here to represent the mass of the people of my State who wear the woolen fabric when it is made up into goods; and they do not tell me to vote for any such provision as this. They do not tell me to put 3 dollars1,000 on lumber which is to go into the houses and to fence the farms on the western prairies, for the sake of getting any such tax as this on wool. They do not tell me to agree to put 50 dollars a ton on iron, which goes into their wagons and their plows and their harrows for the sake of getting a little advantage to a few wool growers. They do not tell me to oppress the mass of the people for the sake of securing an advantage to a select few. Sir, the wool growers of my State are intelligent men. They have never asked me nor my colleague to vote for any such bill as this. They do not want us to do it. They would repudiate us, and I believe justly repudiate us, if we imposed such a bill as this upon them. The Senator talks about British free trade agents and says that British gold has been distributed among members, perhaps, or among agents
Mr. GRIMES. The Senator spoke about British old being used to influence the legislation of Congress. That was his idea.
Mr. WADE. I said what I believe to be true, that it subsidized papers, printed books, and hired traveling agents to disseminate their free trade system.
Mr.WILSON. I do not know when the vote will be taken on this question, and I ask the unanimous consent of Ihe Senate to introduce a resolution which it is very important should be passed today.
Several SENATORS. Let. us take the vote now.
Mr. WILSON. Very well; if the vote is to be taken, I will not insist on introducing the resolution now.
Mr. POMEROY. I should like to ask the Senator if he thinks putting railroad iron on the free list in the tax bill is not a sufficient protectionto the producer now. I was told that the internalrevenue tax was about 8 dollars a ton. 4 or 5 Pennsylvania manufacturers called upon me last year, when we were putting on that tax, and told me that the internalrevenue tax would cost them 8 dollars a ton, directly and indirectly. how, we took that all off in the tax bill just passed. One of your manufacturers also toldlme that last year he paid $250,000to the Government as in ternal revenue tax from his manufactory alone. That is all taken off. If he was able to manufacture at all last year, that $250,000 divided among the hands this year will be quite an item, even without any tariff. My point, therefore, is simply to know if putting iron on the free list is not a sufficient protection.
Mr. COWAN. If iron was actually and in fact put upon the free list, perhaps it might be a sufficient protection; but iron is not put upon the free list, except nominally. Iron itself is put upon the free list; but all the elements which enter into the composition of iron are taxed. Everything that the laborer eats, almost everything that the laborer wears, is taxed. Every part of it and almost every element of it is subject to a tax indirectly, not directly, I agree. But it is enciigh to say, in answer to the question, that the prices of almost everything in the country are doubled, sometimes they are trebled; and it requires. 1 no especial sagacity on the part of any man to see that if in the country itself you double or treble or quadruple the prices of commodities, generally, you increase the cost of manufacturing in the same proportion; you increase the cost of production in the same proportion. It is notorious that you cannot employ a'laborer now for less than 2 or 3 times what you could have employed him for 5 or 6 years ago. You cannot get anything that he eats, anything that he wears, without paying 2 or 3 prices for it. So it is with everything. The standard of value rises uniformly. It is like water; it finds its level over a large space at the same time; and whenever you affect one of the elements you affect all the rest. Hence it is not true that exempting iron co nomine, or by name, from a tax is a sufficient protection as against the foreign producer, all other things being equal; because while you exempt it you subject to extraordinary burdens all the elements that enter into its comosition, and it is well that that be taken into the account. Mr. President, I am admonished by some friends near me that I am sufficientlyunder stood upon this question; and as I have no fancy at this stage of the session or at mybtage of life to make a speech merely for the sake of a speech, I shall consider the admonition in a friendly spirit and say no more.
The PRESIDENT protempore. The question is on the amendment of the Senfrom Iowa to the motion of the Senfrom Maine. The question beingtaken by yeas and iiays, resulted yeas 23, nays 17; 9. So the amendment to the motion was agreed to.
The PRESIDENT protemporc. The question now is on the motion, as amended, to refer this bill to the Committee'on Finance, and that the committee be instructed to postpone their report until the 2nd Wednesday in December next. The motion, as amended, was agreed to.
Mr. SHERMAN. I desire to offer a resolution in connection with this same subject, the reading of which will explain itself, and to which I know there will be no objection.
The Secretary read the resolution, as follows: Resolved, That the SecyTreasury is instructedto causeto be preared a statementshowing. in tabular form. the utics levied on different articles of im orted goods under the severaltariffs since the tari actof1842, and including in such tables the duties proposedby the tariff act now pendingin the Senate: and that lie report the same to the Senate at the beginningofits nextsession.with such further information as he may possessas to the proper duties on importedgoods. The resolution was considered by unanimous consent, and agreed to.
Mr. SHERMAN. In connection with the same matter, I desire to submit a motion that 1,000 extra copies of the tariff bill be printed.
The PRESIDENT proternpore. That inetion will go to the ComPrintg, under the rule. BILL INTRODUCED.
Mr. BROWN asked, and by unanimous consent obtained, leave to introduce a bill (S.No.421) to authorize the construction of a submerged tubnlar bridge across the Mississippi river at StLouis; which was read twice by its title and referred to the ComPostOffices. RELIEF OF PORTLAND SUFFERERS.
Mr. WILSON. I ask the unanimous consent of the Senate to introduce a JtResolution.
The PRESIDENT protempore. The bill reported by the Senfrom Nevada, [Mr. S'rrzwaa'rd which‘was laid aside by common consent, is before the Senate, and nothing can be received, exceptby unanimous consent until that is dispose of. The Senfrom ltIas sachusetts olfers a resolution. objection to its bein received?
Mr. WILSON. Ig title, and then I do not think there can be any objection to it. The JtResolution (S.R.No. 129) to authorize the President to place at the disposal of the authorities of Portland, Maine, tents, camp and hospital furniture and clothing for the use of families rendered houseless by the late fire, was read a 1st time and passed to a 2nd readin.
Mr. CLARE. I hope that will be considered and passed at the present time.
Mr. WILSON. Iask for its present consideration. I desire to have it passed today, if possible. By unanimous consent, the JtResolution was read the 2nd time and considered asin ComWhole. It authorizes the POTUS to place at the disposal without charge) of the city authorities of ortland, Maine, such clothing condemned or ordered to be sold, and such surplus cam and garrison equipage, bedding, and os pita furniture on hand as can bes ered by the Army, for the use of families rendered houseless and destitute b the recent conflagration;' and it is to be the duty of the quartermaster’s dept to deliver these articles at Portland, and receive and properly dispose of them when no longer needed.
Mr. WILSON. I have a letter here from General Meigs, in which it is stated that the Government has a large amount of condemned clothing ordered to be sold on the 28th of this month. They have all these other articles on hand in great abundance, and they can be used now for a good purpose and will cost the Government ver little. It is a matter of humanity, and hope that no Senator will oppose it.
Mr. HOWE. I will suggest to the Senator that the quartermasters ought to be required to take a receipt from the mayor; otherwise there will be no we of settlingtheiraccounts. I
Mr. WILSON. I‘hey will take care of that .
Mr. HOWE. But the resolution does not make the receipt of the may or evidence. The quartermasters are charge with this property, and the resolution ought to make somebody’s recei the vidence that they have properly dispose of it.
Mr. CONNESS. That is matter of administration.
Mr. CLARK. The authority to give it is sufficient for that purpose.
Mr. HOWE. hatis the evidence thatthey do not credit themselves with twice the amount they actually deliver over to the city?
The PRESIDENT protempore. The JtResolution is open to amendment.
Mr. HOWE. The resolution is not printed, and I have it not in my hand, but I move that it be so amended as to require the quartermaster to take a receipt of the mayor of the cit. Iir. WILSON. I have no objection to that. I take it the quartermaster at any rate will keep an accurate account of what he delivers there, because after they have been used they are to be returned to him, such as can be returned. He is to take care of them. Many of the articles will be worn out.
Mr. HOWE. He should have some vouchers by which to settle his accounts.
The PRESIDENT protempera. it is moved to amend the resolution by inserting after the word "Portland" the words, “and to take a receipt for the same of the may or of said city.” The amendment was agree to. The JtResolution was reported to the senate as amended, and the amendment was concurred in. The JtResolution was orderengross for a 3rd reading, was read the 3rd time, and passed. Is there any ask that it be read by its minoritY REPORT ON RECONSTRUCTION.
Mr. ANTHONY. The ComPrintg to whom was referred a resolution for the printing of 50,000 extra copies of the views of the minority of the JtCommee of 15 appointed to inquire into the condition of the States which formed th'e socalled confederate States of America on the subjects treated of in the report submitted to the senate on the 8th of June, have instructed me to report it back without amendment and recommend its passage. I ask for its present consideration. By unanimous consent, the Senate proceeded to consider the following resolution: Retained, That 50,000 additional copiesof the views of the minority of the JtCommeeof 15 beprinted to accompanythe report madeby that committee on the 8th of June.
Mr. POMEROY. I ask what is meant by having it “accompany” the other report. Is it to b. but in the same volume?
Mr. A THONY. It cannot accompan the other report, because the other report has been printed and distributed.
Mr. ROMEROY. I do not want this to accompany any that I have got. have no objection to its being printed as a sort of appendix.
Mr. ANTHONY. The resolution may beso amended as to omit those words. It cannot accompany the other report, because that has been distributed.
Mr. FESSENDEN. As they will have to be printed separately, the pliraseology of the resolution ha better be changed.
Mr. ANTHONY. I move to amend the res olution by striking out that part which speaks of this document accompanying the majority report and inserting the words “for the use of the Senate.”
Mr. SUMNER. I think we should prefix to the publication of this document the resolution of tie Senate that was adopted on the motion of the Senfrom Illinois, Mr. stating the character of the ocumTeitnut, unacnudq move that that resolution be prefixed to it. I presume there will be no objection to this.
Mr. DOOLITTLE. I should like to know what that resolution is.
The PRESIDENT protempore. The res olution referred to is not on the table of the Senate.
Mr. CONNESS. It was a resolution giving the consent of the Senate to the reception of the document.
Mr. SUMNER. Senators do not seem to think it necessary: I will not press it.
The PRESIDENT protempore. The question is on the resolution.
Mr. HOWARD. I wish to inquire of.the chairman of the ComPrintg what number of copies of the report of the majority of that committee was ublished.
Mr. ANTHONY. the same number. It has been customary, when we printed the views of a minority at all, to print the same number that is printed of the majority report. In the HoRep they go together. This was not presented here until some time after the printing of the report was ordered; but although the number is very large, we thought it was but following the usual prac tice, and was according to the common court esy, and the expense is not very great.
Mr. HOWARD. Courtesy of course would require me to vote for the printing of the number proposed by the resolution of the report of the minority; but at the same time I take 0c casion to say that I regard that document, so far as it undertakes to inculcate principles of constitutional law with reference to the seceded States and, the effect of the civilWar upon the rebellious States as, in “my judgment, a very dangerous document. I certainly hhve read no document recently, emanating from a Union loving author which, in my judgment, strikes so heavy a blow at what I regard as the sound and permanent principles of the Constitution as does that report of the minority. If the question were put to me whether I would pay out the public mone for the circulation of that document, and the question was entirely aside from all considerations of courtesy, I certainly would not vote a dollar nor a cent 1to)ut it in circulation. he resolution was agreed to.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. McPERSON, its Clerk, announced thatthe House had passed, without amendment, the JtResolution (S.R.No. 129) to authorize the President toplace at the disposal of the authorities o fPortland, Maine, tents, camp and hospital furniture, and clothing for the use of families rendered houseless b the late fire, and the bill (S.No.869) to establish certain post roads. The message also announced that the House insisted upon its 10th amendment disagreed to by the Senate to the bill (S.No.343) to quiet land titles in California and asked a conference on the disagreeing vote of the 2 Houses, and had appointed Mr. Joniv BIDWELL of California, Mr. G. W. JULiAN of Indiana, and Mr. G. W. Axnnusox of Missouri, managers at the conference on its part. The message also announced that the House had concurred in some and had non-concurred in other amendments of the Senate to the bill (H.R.No. 213) making appropriations for the legislative, executive, and judicial expenses of the Government for the year ending 30th June, 1867, asked a conference on the disagreeing votes of the 2 Houses thereon, and had appointed Mr. THADDEUS Sravss's of Pennsyl vania, Mr. J. A. Kassos of Iowa, and Mr. w. E. FINCK of Ohio, managers at the conference on its part. ENROLLED BILLS SIGNED. The messagealso Announced that the Speaker of the House had signed the enrolled bill (S.No.357) to aid in the construction of telegraph lines, and to secure to the Government the use of the same for postal, military, and other purposes; and the enrolled JtResolution (S.R.’0. 129) to authorize the President to does at the disposal of the authorities of Port and Maine, tents, camp and hospital furniture, and clothing for the use of families rendered house less by the late fire; and they were signed by the President protempore. DITEHES, ETE., IN PACIFIC STATES.
Mr. HOWE. I move that the Senate proceed to the consideration of House bill No. 344.
Mr. CONNESS. I beg leave to remind the Senator that there is already a pendin question which was laid aside informally an which will only occupy a few minutes. I hope that will be 1st disposed of.
Mr. STEWART. Ihope so. We have given way ever since 15 minutes past 12 o’clock.
Mr. HOWE. If there is a bill before the Senate I do not ress my motion now.
The PRESIDIENT protempore. The bill (H.R.No. 365) granting the right of way to ditch and canal owners over the public lands in the States of California, Oregon, and Nevada, is before the Senate as in ComWh'ole, the question being on the amendment reported by the ComPubLands.
The Secretary read the amendment, which was to strike out all of the bill after the enacting clause, and insert the following as a substitute: That wheneverby priority of possessionrights to the useof water for mining. agricultural. manufac turing, or other purposes, have vrsted and accrued and thesamcarerecognizedandacknowledged by the local customs.laws and the decisionsof the courts, the possessorsand ownersofsuph vestedrights shall be maintained and protectedin the same and the right of wayfor the construction of (HIOIK‘Sand canals for the purpoaoafore saidishereby acknowledged and confirmed: Provided, however.That, wheneverafter the passageof this not any q‘crson or persons shall, in the construction of anydite orcanit].IDJUI‘Oor dnrn, agethepossession ofany settle ron the public domnin. l the party OOIDHHHJI‘IK'KUiCnIjIury or damageshall be i liab oto the partiesinmred for such iiuury or damage.
Mr. STEWART. It is desirable, erhaps, that another amendment be made, and: to give time to consider iIt, move that the bill be post poned for the present. The motion was agreed to. LEGISLATIVE, ETE., APPROPRIATION BILL.
Mr. FESSENDEN. I move to take up the message from the House relative to the legislative, executive, and judicial appropriation bill, in order that we may agree to the conference proposed. The motion was agreed to; and the Senate proceeded to consider its amendments to House ill No. 213.
Mr. FESSENDEN. I move that the Senate insist on the amendments disagreed to by the House and agree to the conference proposed by the House. The motion was agreed to.
The PRESIDENT protempore was authorized, by unanimous consent, to appoint the conferees on the)art of the Senate, and Messrs. Fnsssxnss, mums, and Hsxnaiexs were appointed. the MARBLE ROOM.
Mr. DAVIS. I offer this resolution and ask for its consideration: Received That any Senator havin confer with any person on business shall have the privilege of the iirblo Room for such conference. This is for the convenience of all of us, and I hope it will be adoped.
The President protempore. Is there any objection to the consideration of the resolution?
Mr. FESSENDEN. I should like to understand the meanin of it.
Mr. DAVIS. The Marble Room is now closed against persons having business with Senators. The object is simply that the officers may allow Senators conferring with individuals upon business to have the use of the Marble Room for that purpose.
The PRESIDENT protempera. No objection being made, the resolution is before the Senate.
Mr. DAVIS. The effect of it will be simply this: if a stranger or an acquaintance sends a message to a Senator that he wants to confer with him on business, the Senator shall have the privilege of taking that individual into the Marple Room for conference. It does not extend beyond that privilege.
Mr. HOWE. I hope my friendfrom Kentucky will let the resolution lie over as it is evidently going to lead to debate.
Mr. FESSENDEN. I hope the Senfrom Kentucky will consent to let it lie over until tomorrow, that we may have a chance to think it over.
Mr. DAVIS. Very well; I will consent to let it lie over. CALIFORNIA LAND TITLES. On motion of Mr. CONNESS, the Senate proceeded to consider the message of the House relative to the bill (S.No.343) to quiet land titles in California.
Mr. CONNESS. I move that the Senate insist on its disagreement to the 10th amendment of the House to that bill and agree to the conference asked by the House. The motion was agreed to; and the President protempers being by unanimous consent authorized to appoint the committee on the part of the Senate, Messrs. Pousaor, Coxxsss, and Srasous were appointed. NIAGARA SHIP CANAL. On motion of Mr. HOWE, the Senate, as in ComWhole, resumed the consideration of the bill (H. It. No. 344) to incorporate the Niagara Ship'Canal company, the pending question being on the amendment reported by the ComCommerce to add the following proviso to section 21: Abife That no mouey shall belonned to said corporation by the U.S., nor borrowed 5it from any pther su urce until the full sum of c.o0no0.00soubsen torts capital stock shall have consteroulcleticotneodfasnadid inw good, faith expended upon the which expenditure shall i 8 occasion to 7 u I I be duly verified by the oathsof the praident and en cers aforesaid and therca such loan shall be advanced only upon the terms and conditions in this section prescribed: And promded further, hat all interest accruedop an bond to be ssnedto said corporation by the U.S. under thp provisions of this act prior to the date of its delivery shall be duly cancele prior tojts delivery.
The PRESIDENT ro tempers. All the amendments reported y the ComCommerce have now been disposed of.
Mr. HOWE. The amendment reported as the 28th section has not been acted on.
The PRESIDENT protemporc. The Chair understands that the record shows that that amendment was amended by strikin out “one year” and inserting “two years, and then adopted.
Mr. HOWE. I move to amend the 21st section by striking out in the 3rd line “300,000 ” and inserting “ 2 million.”
Mr. HOWE. I further move to amend the same section b inserting the word“so” at the end of the 18th line.
Mr. HOWE. I move to amend the section furtherby striking out all after the word “ treas urer, ” in the 20th line, down to and including the word “ aforesaid, ” in the 20 4th line. The words proposed to be stricken out were read, as follows: To the amountof$fllh000 at a time, or such parts thoreofas may be nerpsmryto make the whole sum herebyorderedand directedto be loaned iipon suoh certificatesand proof of expendlture as aforesaid.
Mr. HOWE. I move to amend the 20 seeond section by striking out the word “ ten, ” in the 3rd line, and insertin “ 20.” The amendment was agree to.
Mr. HOWE. I move further to amend the 22nd section by adding to it these words: “and such application shall be made annually until the whole sum loaned by the Government, with annual interest thereon at 6%. per annum, shall be repaid.” leamendment was agreed to.
Mr. HOWE. I move to amend the 1st section by striking out in the 20th and 21st lines the words “the use of the U.S. for the purpose aforesaid” and inserting “that use."
Mr. HOWE. I move to amend the 12th section, on page 12 of the bill, by striking out all after the word “States, ” in line 106, to and including “ 64, ” in line 109. The words proposed to be stricken out were read, as follows:, Which shall not exceed the ratesof toll or charges imposedon vesselsand procrty passingthrough the Welland canal. in Canada Vest, in the year 1864.
Mr. HOWE. New, to conform to that, the words “instead of the limit to the toll above provided, " in line 111, should be stricken out.
The PRESIDENT protemporc. That correction will be made to make the bill corre spond with the previous amendment.
Mr. TRUMB LL. I am under theim ression that section 28 has never cen agreed to. It certainly was not agreed to when I was present, and it is a section which I regard as important, erhaps vital to the bill itself. I think that con11 not have been agreed to. If it was done it must have been done inadvert ently. That is the section which declares that the act shall not take effect unless the legislatllfe.0f the State of NewYork shall, within 2 years from the date hereof, give its assent thereto. There was an alteration made in the section, but if any vote was taken upon the section itself it certainly escaped my notice. I think no such vote was taken.
Mr. HOWARD. There was no vote at all taken upon it except upon the verbal amendment.
The PRESIDING OFFICER, (Mr. HARRIS in the chair.) The Chair is informed by the Secretary that the record shows that that amendment was agreed to.
Mr. HOWARD. I am quite sure that the Senate have not voted on this section 20 eight.
Mr. HOWE. M recollection coincideswith the statements of teSenfrom Illinois and the Senfrom Michigan. My recollection is that we proceeded with all the amendments reported by the committee, passing over the one to the 21st section, to which our attention was called on resuming the consideration of the bill today; but when we reached the amendment proposed‘by the committee as the 28 section I stated that the Senfrom Maine [Mr. MORRILL] felt great interest in that question, and that it was deemed desirable that he should be here when it was considered, and therefore it was laid over.
Mr. TRUMBULL. The fact about it is, I presume and I understand that is the way it is reported in the Globethat after this ver bal amendment Wasmade changing “ one year” to “two years ” it was suggested by the Senfrom Wisconsin that the Senfrom Maine was peculiarly interested in this section, and thereupon it went over without having been acted upon. It is very natural that an incorrect entry may have been made, because there was an agreement to an amendment to the amendment changing “one year ” to “ 2 years.” I think that is the condition of it; but as there seems to be a misunderstanding about it, I presume there will be no objection to a reconsideration of it, so as to bring it before the Senate.
Mr. HOWE. The question will come up again before the Senate, anyhow, on concur ring in the amendment.
Mr. TRUMBULL. We can try it in the Senate, and that, perhaps, will be sufficient.
Mr. TRUMBULL. It stands now with that section in the bill, but I do not think we ever voted upon it.
Mr. HOWE. The 23rd section, I understand, was not stricken out.
The PRESIDENT protempore. The amendment reported by the committee (proposing to strike out that section was rejeete.
Mr. HOWE. I move to amend the section by striking out, in the 3rd and 4th lines, the words “once in every 5 years after the completion of said canal” and insertin “at any tinie after 8 years from its comp etion, and once in 5 years thereafter.”
Mr. TRUMBULL. Why prolong it to 8 years?
Mr. HOWE. I will simply say that inas much as the aying qualities of the enterprise are presumed) to be matter of experiment, to some extent, the capitalists who put their money in ought to be allowed to fix their OWnrates of toll for at least 8 years. Thatis controlled by other provisions which allow the Government to purchase the work at any time at the cost price, with ten%. added.
Mr. TRUMBULL.Ishould prefer leaving the revision as it is. T o amendment was rejected;
Mr. HOWARD. I move to amend the bill on page 12 by inserting after the word “ gun b ats in line 91 of section 8 the words “ships of war of all kinds, ” so as to remove any possible ambi uity which might arise from the language of the clause in its present form, and to cover that class of craft beyond nll doubt.
Mr. SHL t. AN. When ehis subject was up the other day, I think I indicated a purpose to move to postpone the bill, but I withdrew it at the suggestion of other Senators. Further reflection has convinced me, although the necessities of my immediate constituents are very much in favor of the construction of this ship canal, vet that we ought not at the present session ofCongress undertake by this bill to commenccthe construction of that work. The State of NewYork, as the Senfrom NewYork has properly said, is now in possession of a work that has always been liberally managed to the West. As long as that work is controlled by the State of NewYork there is no doubt that the tolls will be put as low as they can be consistent with the proper re air of the work and a small income from it. o complainthas ever been made of unreasonable or improper tolls on that canal,but the canal itself is not sufficient to transport vessels of proper size, schooners and the like. from the waters of the lakes to the waters of the Hudson, and therefore sooner or later some mode of trausit around Niagara falls will be constructed. But the question with me is whether we should commence the construction of that work by giving to a corporation of citizens, over whom we shall have no control, over whose tolls we shall have no control, who will only be controlled by their own interests, a monopoly of this work. I am inclined to think that if this work is ever done by a corporation, they will levy such a tribute upon the transportation of the West as to make it oppressive, and we shall all regret that we had any agency in this transaction.Mr. TRUMBULL. The Senator has not examined the bill, surely. We have control over the tolls by the bill.
Mr. SHERMAN. Then the bill has been altered from what it was originally. I have not noticed the amendments that have been made.
Mr. TRUMBULL. The 27th section authorizes Congress at any time to alter, amend, or repeal the act; and then we provide for a board to meet every 5 years to revise the tolls.
Mr. SHERMAN. The authority to amend or repeal the act does not amount to anything.
Mr. TRUMBULL. We provide in section 23 for a board of commissioners to meet every 5 years to revise the tolls.
Mr. TRUMBULL. That section was reported in the Senate by our committee.
Mr. SHERMAN. I beg pardon; I mm to say that the bill could not have been‘re ported to the Senate by our committee Without that section.
Mr. HOWARD. The bill passed the Home without that clause by a large minority.
Mr. SHERMAN. I understand from a member of our committee that the bill could not have been reported to the Senate without that section in it.
Mr. HOWARD. I do not know how that may be, but the statement of the honorable Senator was that Mia bill could not have passed the HoRep without that clause being in. refer him to the fact that it did pass without it.
Mr. SHERMAN. I withdraw that part of my statement. I simply meant to say that I was informed by a member of the Senate committee that this bill would not have been reported to the Senate by the committee except with that clause in it. Now, if we strike it out, it is really a bill that has passed without the sanction of the committee which reported it. No harm can result from postponing the bill until next December. N o proceedings can be had under it in the mean time. Although my Statepprobably, as I said before, is more interested than any other in the construction of a canal to avoid this great natural obstruction and secure free naviation to the sea through the StLawrence, am yet disposed to vote for the postponement of the bill at the present session.
Mr. HOWARD. Mr. President, I cannot but notice that those gentlemen who are in favor of ostpouing the bill until next December proc aim in the same breath their opposition to it. I shall not, therefore, expect their votes in favor of the bill even next December. So far as they are concerned, the bill has no favIor to expect. I hope, sir, the bill will not be postponed. think it a measure of so much importance as to challenge the continual attention of Congress until it is passed, and I venture to say that the apprehensions which seem to be entertained by the honorable Senatpr from NewYork, that the establishment of such awork as this will render the Erie canal and the NewYork Cen tral railroad valueless, are entirely imaginary.
Mr. HOWARD. I understood the honorable Senator to say that one effect of this work would be to render the Erie canal valueless.
Mr. MORGAN. I stated that if this canal were built, and should prove a success, it would so divert trade from the Erie canal as to cause large taxation, and cause the people of the State of NewYork to demand an amendment of the constitution and a sale of that canal. I said that in that event there could be but one buyer there could be no purchaser except the NewYork Central railroad corpo ration, for a very large amount of money would be required, and that corporation, while itmight buy the canal for 15 or 20 million dollars, would, after it once had perfect control, get an income on a capital of perhaps 100million dollars, and make it extremely valuable instead of valueless; but they would, at the same time, inflict very severe injury upon the agricultural products of the West. 'lhat was the oint which I raised.
Mr. OWARD. I did not entirely misapprehend the honorable Senator. The point of is objection is that if this work shall be establilshed b Congress, and shall become asuccess, in his phrase, it will in some way increase taxation in the State of NewYork to such a degree that the people will clamor for a sale of the Erie cana. Is that a logical consequence? Is it possible to conceive how it is that the success of the Niagara ship canal will increase taxation in the State 0 NewYork so as to make it necessa that that State should sell it?
Mr. HOWARD. Very possibly the Senator can answer; but as at present informed, I am unable to perceive the sequence which seems to connect these 2 events in his mind. I cannot understand how the establishment of a canal round the falls of Niagara and the success of that work can have the effect to increase the taxation of the state of NewYork; I mean “mason taxation. I suppose that is what the honorable Senator means.
Mr. MORGAN. Will the Senator yield to me for a moment?
Mr. HOWARD. Certainly, I will yield for an explanation.
Mr. MORGAN. By the constitution of the State of NewYork a certain amount in every year is placed to the credit of the sinking fund to provide for the interest and the redemption of a portion of the principal debt. During the present year the State has been compelled to tax the people $1,500,000 to support the canals and to make good the constitutional requirement of the sinking fund. Ifthis canal should be built and divert the trade still further, it might make that tax, instead of $1,500,000, $3,000,000; and it would if it were a success. It would depend altogether upon that.
Mr. HOWARD. After al, Mr. President, the Senator will pardon me for saying his remarks show that he entertains the a rehension that the success of the Niagara s lip canal will have the effect to reduce the revenues of the NewYork canal to such a degree as to make it necessary to impose additional taxation upon the people in order to fill the treasury o the State. That is to say, it will have a tendency to reduce in some degree, and according to him, in a very eat deree, the revenues which the State o NewYork now derives from the tolls upon her canal. That is all there is about it, as I understand. Now, Mr. President, I shall not undertake to detain the Senate with a detailed statement of the insufficiency of the means of transportation through the State of NewYork for western products at the present time. The whole commercial world understands this perfectly well now. The West are aying very large tribute to the State of NewYork on the transportation of their goods and passengers passing upon the canal as well as upon the Central railroad, which, I suppose, also pays a specific tax into State treasury. Does it not?
Mr. SHERMAN. There is one observation that I neglected to make when I was up, that I had intended to make; and that is that at this session we have appropriated between one and 2 million dollars for the improvement of the lake defenses and the rivers which form this line of communication. We have already done at this session more than has been done for a number of years. What has been most desired by our constituents is what will give them imme diate relief. We have appropriated sufficient to put all the harbors of the upper lakes that are now in use in a good state of repair. It seems to me at this time, when we have under taken so much of an extraordinary character, so much more than is usually done, that we ought not now, in addition, to embark in this large expenditure. For the improvement of every harbor for the improvement of which an estimate had been made from Chicago through the whole series of the lakes and down to the StLawrence, within our territory, there has been ample provision made. Having already attended to the immediate wants of our constituents on the northern border, we ought not in reason to involvethe Governmentin so large a contract as this will be. There is no limitation on the amount. This guarantee is only so many millions, but we know very well from the history of other appropriations of a similar character that if this amount is not sufficient more will be called for, and more will be given; and we have no estimate of the cost. We have no estimate made by any U.S. engi neer as to the amount that will be necessary to complete this work. There is no sufficient guarantee for its completion. I think, therefore, until we get fuller information, until we know what the cost of this work will be, where it is proposed to be located precisely, and the mode and manner of the construction of the work, we ought not to make this contract.
Mr. SHERMAN. Allow me to state to the Senator if they attempt to go down the StLawrence they have to go through Canada and p' pass through the Lachine locks.
Mr. GRIMES. The Senator has well said that when we get into Lake Ontario we have the choice of going 2 ways; we can go through Canada, through the Lachinc locks, or whatever they are called, down to Montreal and patribute to Canada; or we can take the NewYork canal at Oswego, go down to Rome and then continue on the main line of the Erie canal to Troy or Albany, paying tribute to this grand monopoly that eugrosses the NewYork Central road and the Erie canal; and after they have accomplished that, when they shall find that it will be their interest to do it, then they will put their hands upon this franchise that you give to this company, and then where are the people of my country? In the hands of a soulless monopoly. I The Senfrom Michigan says he never will consent to the Government of the U.S. undertaking this work as a national work. I never will consent to the Government of the U.S. making it in any other light than as a national work. I am not. disposed to let a company occupy the only unoccupied ground for a transit route that there is between the Mississippi river and the Atlantic ocean, and then set all the people that are west of it at defiance and charge just such tolls as they choose. I suppose that this bill has provisions, but I think they were stricken out today, limiting the tolls'. There is probably a provision, or will be, in the bill, authorizing Congress to legislate on that subject. I would not give the snap of my finger for any such provision as that in any bill. Congress will not legislate about it. They never will change it. If it has not got the power now, the will give the power to the company to transfer its franchise to any other compan. That will be the result of it.
Mr. GRIMES. It cannot be done, the senator says. It can be done. They are not authorized to do it by the terms of the charter, but they can buy up the stock of the company; they will run it, not in the name of the NewYork Central railroad or of the NewYork and Eric canal, but they will conduct it in the name of the present company that you authorize, they deriving all the benefit from it and controlliniit. That is the way in which they can do it, y buying up all the stock, put ting in their own creatures or their own friends as directors and controllers of it. Now, sir, for these reasons I am disposed to postpone this measure until the day s ccified by the Senfrom NewYork; or it the committee in charge of the bill will introduce a measure authorizing the engineer dept to make a survey, and that survey shall be reported upon favorably, I am ready to vote this minute for an appropriation of 6 millions, if you please, to aid in the construction of the work; and if that is not enough I will vote for whatever may be necessary. The Senfrom Michigan says that it will cost the Government a great deal more if the Govornrnent undertakes to build it than ifthis company undertakes to build it. Very likely it may; I presume the Senator is correct in that regard; but we can afford to pay a great deal more. When we have made it we are not to be oppressed with tolls in the future; we shall have the control of thatsubject. All that it will be necessary for us to do will be to kee it inrepair and furnish the gate keeers and the agents. They can be paid throng a small toll to be levied, or they can be paid directly from the Treasury of the U.S.; but under the provisions of this bill, it seems to me we shall subject ourselves to the imposition of just such tolls as this company may see fit to 1m ose.
Mr. WILSON. I do not suppose this vote is to be taken to night, and I SlOUld like to have unanimous consent to take up a little bill that I suppose everybody is for, or ought to be for a bill to revive the grade of general in the Army. I am very anxious to get that bill up.
Mr. FESSENDEN. That is in the Army bill on passed. I
Mr. OWE. I do not understand the Senfrom Massachusetts to submit a motion.
Mr. WILSON. I do not submit a motion. I only ask to take it up by unanimous consent.
Mr. JOHNson. Is not that provided for in the Army bill?
Mr. FESSENDEN. The creation of a genera is.
Mr. HOWE. I am in hopes that we can obtain a vote on this bill to night, and sustained by that hope I will not make a long speech. I desire to submit 2 or 3 remarks, perhaps halfa dozen of the m, in reply to what has been urged in support of this motion to postpone the consideration of the bill until the next session. The 1st remark I have to make is that every reason which has been urged for the postponement of the bill is a reason more or less cogent against the passage of the bill, but, as I understand, is no reason why we should not vote upon the passage of the bill at this session just as well as at the next. I do not hear any reason offered by anyone why we shall be better prepared to vote upon this bill at the next than we are at the present session. The Senfrom Maine says that if we can geta good bill we shall be prepared to vote on it. Mr. President, if you postpone this bill until De cember you will havct is bill then before you, no better and no worse than it is now, and you will be guided by the same considerations in voting yea or nay upon the passage of this bill in December as you are in Fuly. This general remark brings me to consider for a moment whether this is a proper bill to be passed or not. It is urged by several senators that this proposition has been preceded by no survey of the work on the part of the Government. That is true; and the answer to that and the reason for that is that the Govelrnment does not propose to build the cana.
Mr. FESSENDEN. They would if you passed a bill directing them to have a survey may c.
Mr. GRIMES. My admission is that it is possible, probable, indeed, that it will cost more to the Goverhment; but I want free communication. The Senfrom Wisconsin wants every one to pay tolls that passes through.
Mr. HOWE. I am not ambitious that anything should pay tolls unnecessarily. The Senfrom Iowa wants that it should be free communication. Does he stand by that?
Mr. FESSENDEN. I move that the Senate adiourn. I
Mr. FESSENDEN. I vary my motion and move an executive session.
Mr. HOWARD. I hope before that vote is taken I may beallowed to take upa certain bill.
Mr. HOWE. I hope the Senate will not go into executive session. Why not take a vote on the bill?
Mr. FESSENDEN. Because other gentlemen want to speak upon it, and it is late and it is hot, and we have worked hard enough and long enough today.
Mr. HOWE. It is no hotter in the open Senate Chamber than it will be in the Chamber after the doors shall have been closed.
Mr. FESSENDEN. I resume there will not be much business to e attended to in executive session.
Mr. LANE, of Indiana. a matter I want attended to.
Mr. HOWE. I do not know any Senator who wants to speak on the bill.
The PRESIDENT protempore. The question is on the motion to proceed to the consideration of executive business. The motion was agreed to; there being, on a division ayes 19. noes 7; and, after some time spent in executive session the doors were reopened, and the Senate adjourned. Only a minute for
###HOUSE OF REPRESENTATIVES. Tnvasnsr, July 12, 1866. The House met at 12 o’clock m. Prayer by the Cha lain, Rev. C. B. Borsros.
Mr. DA ES. I move to dispense with the readin of the Journal.
Mr. E BLOND. I object. The Journal of yesterday was then read and approved. ORDER or nusma‘ss.
Mr. STEVENS. I ask the consent of the House to allow us to' take up and finish the amendments of the Senate to the legislative appropriation bill, so that we may conclude our action upon them and have a committee of conference appointed before we proceed to any other business. It will tak. but a few minutes, and it is very important.
Mr. LeBlOND. I would say that I suppose that by the rules the question that was raised by me last night in regard to the printing of the minority report of the JtComReconstruction has precedence of every other business. It willtake buta few moments to dispose of it, and then I will have no objection to the proosition of the Gentfrom Pennsylvania, Mr. SrnvENs] LEGISLATIVE APPROPRIATION BILL.
Mr. STEVENS. I will ask the House to agree to this proposition: that the recommendations of the ComAppropriat be concurred in, and that a committee of conference on the disagreeing votes of the 2 Houses be asked for.
Mr. LeBlOND. I have no objection to t at. No objection was made; and accordingly the recommendations of the ComAppropriat in regard to the amendments of the Senate to the legislative appropriation bill were agreed to and a committee of conference on the disagreeing votes of the 2 Houses was directed to be asked for. PRINTING OF REPORTS.
The Speaker. The 1st business in order is the unfinished business pending at the adjournment of yesterday, being the question of privilege raised by the Gentfrom Ohio iMr. LeBlOND] in regard to the printing of teviews of the minority of the jtComReconstruction, upon which he moved thata select committee of 5 be appointed to examine and report upon the same. The pending question is upon the motion of the Gentfrom Illinois [Mr. Wasnauaxs] to amend the motion of the Gentfrom Ohio [Mr. Ls BLOND] so as to refer the subject to the ComPrintg.
Mr. LeBlOND. I would like to make one suggestion to the House. This question seems tolembracewthe action of the comPrinting. buoh being the case, it certainly would not be proper to refer that proposition to that committee for investigation.
Mr. WASHBURNE, of Illinois. I understand that the matter is susceptible of the full est and most complete investlgation. And if the Gentfrom Ohio [Mr. LeBlOND] will withdraw his motion for investiation, the‘ chairman of the ComPrintg, [Mr. L.PL1N] as soon as he can obtain the facts, will make an explanation which will undoubt edly satisfy him. If he does not make such exlanation, then the Gentfrom Ohio [ltIia LeBlOND] can ask for further action.
The Speaker. The Chair would state to the Gentfrom Ohio [Mr. LeBlOND] that the question would again come up for consideration, whatever committee may e designated to consider it, whenever the committee shall report upon the subject.Mr. LeBlOND. All thatis very true. But I simply wish to say this: the volume in question has already been printed and bound, and no investiation that can be made by the Committee on riuting or bya select committee can change the character of the volume now. Now, I do not wish to have a committee raised particularlywith the view to investigate the matter, which, let it result one way or the other, will produce no change. These volumes must now go to the country without the minorit report. And all I wish to sayin conclusion is, that who ever may have made that omission, made it in violation of the order of this House. And therefore they are sending to the country the majority report accompanied by the testimony, but without its antidote. And it strikes me, and I felt that that was the case when I made the motion I did lastnight, that it was intended to go to the country as an electioncering document, emanating from that committee, for that purpose, and that alone. And now they are sening it to the country without the minority report, which is a complete vindication of the position taken by the minority, and a complete answer to the position taken by the majority. With these remarks I withdraw my motion for an investigating committee, for it must fall as all others do, still born.
Mr. ELDRIDGE. I object to the withdrawal of the motion. I understand that all these reports are not yet printed, and perhaps the action of this House may to some extent rem edy the evil and prevent the mischief or wrong which otherwise will be inflicted.,
The SPEAKER. The Gentfrom Ohio [Mr. LeBlOND] has the right to withdraw his motion; but the Gentfrom Wisconsin [Mr. ELDRIDGE] can renew it if he thinks proper. Elk. ELDRIDGE. Then I renew the motion for a select committee of 5 to inquire into the matter and report the facts why the report of the minority was not included.
Mr. WASHBURNE, of Illinois. I move to lay the whole subject on the table.
Mr. LAFLIN. Will the gentleman with draw the motion until I can make a personal exlanation?
Mr. WASHBURNE, of Illinois. I will withdraw it for that purpose.
Mr. LAFLIN. ‘Mr. Speaker, on the 13th day of March 131stthe House adopted the following re“solution: That 25,000extra copies of each of the reportsof testimonytaken by the jornt select ComReconstruction, together with the accomfianyimzdocuments, be printed for the useof the house." In accordance with that resolution the Superintendent of Public Printing, receivin the report of the testimony from the clerk o the ComReconstruction, proceeded to execute the order of the House. The testimony was printed immediately after it was presented; and when the committee of 15 made their report, as is always customary with all such reports, it was sent with the testimony to the binde immediately upon its being printed. The house will bear in mind that after the presentation of the majority report some ten or 12 days elapsed before the minority made anyreport to the House. The Superintendent of Public Printing, acting under the direction of the House, printed 25,000 copies of the report of this committee. There was no report from the minority of the committee at the time these were sent to the hind ery; and ifthere had been
Mr. LeBlON D. If the gentleman will permit me a moment. I will as him whether this document was printed at the time the mine irty report was handed in. Will the gentleman sa that it was printed at that time?
Mr. LeBlOND. Then I wish to ask the gentleman another question: whether the mine irty did not give notice at the time the majority report was handed in that they were reparing a minority report, and would hand it in to be published with the other, and whether it was not presented to the House 11 days after the majority report came in and the House received it for the purpose of publication with the majority report?
Mr. LAFLIN. Mr. Speaker, I do not understand that, when the House consented to receive the report from the minority, it consented at that time to the publication of that minority report. There was nothing said about that. But the fact is that the minority report was presented ten or 11 days after the report of the majority. At the time the minority report was presented a motion was made that 50,000 extra copies of that report be printed. That motion was referred to our committee.
Mr. LeBlOND. Will the gentleman allow me to correct an error right here? The order of the House subsequently was that there should be so many copies of the majority and minority reports published together, but without the testimony.
Mr. LAFLIN. Will the gentleman permit me to finish? I see no reason why he should endeavor to anticipate what I am about to say. The ComPrintg reported a resolution in favor of printing 50,000 extra copies of the majority and the minority reports; and if I remember aright a motion was made on the other side of the House that these reports should.he printed independently of each other. And now the great complaint is that they are not printed together, even in the books in which they were not ordered to be printed to ether.
Mr. HALE. Will the gentleman permitme to interrupt him a moment?
Mr. HALE. According to m recollection, Mr. Speaker. the order of this House was express that the 2 reports should be printed together.
Mr. LAFLIN. If the gentlemen would only allow me to finish my statement, neither my colleague [Mr. HALE] nor the Gentfrom Ohio [Mr. LeBlOND] would find the least necessit for asking me these questions.
Mr. ALE. the gentle man will excuse me. He finished his sentence, and, as I supposed, his statement. I asked leave to interrupthim, and did so with his permission. I do not perceive that I am guilt of any improriety.
Mr. LAFLIN. hot at all. But Iwas going on to say that when the Committee on Priuting reported, they reported in favor of printing 50,000 extra copies of the majority and the minority reports together. The House amended this so as to print 100,000 copies of the mujority and minority reports. That order of the House is now being executed; and we have here now the report of the JtComReconstruction, the majority and minority reports bound together, of which there are now being printed 100,000 copies. Now, this is the explanation of the matter.
Mr. HALE. I hope my colleague will allow me Mr.WILSON.ofIowa. letmeaskaquestion.
Mr. WASHBURNE, of Illinois. I only withdrew the motion to lay upon the table to hear the explanation of the chairman of the ComPrintg.
Mr. ELDRIDGE. I wish to know of the Gentfrom NewYork, if to his knowledge or belief a single copy of this bound volume of testimony and the majority report was bound at the time when this House made the order to priut the minority and majority reports together.
Mr. ELDRIDGE. I think that is the only material question here.
Mr. WILSON, of Iowa. I ask whether the House has ever made an order to have the majority and minority reports printed in one volume.
Mr. HALE. Let the resolution authorizing the publication of the report or reports he reported, so that we may know what it is.
Mr. ELDRIDGE. I should like to know of the Gentfrom NewYork whether this volume is printed in accordance with the direction of the ComPrintg; whether it is printed as they directed, without the minority report bein included.
Mr. LAFLI I say that all matters printed are printed under the direction of the house, and not of the ComPrintg. The ComPrintg do not constitute themselves agents.
Mr. ELDRIDGE. I wish the gentleman would answer my question.
Mr. LAFLI N. They had no direction except as the House directs.
Mr. GRIDER. I wish to ask a question: whether there is any order of the House to print the testimony taken together with the report of the majority in one book?
The SPEAKER. The Clerk will read the resolution.
The Clerk read as follows: "Reaolveri, That 25,000extra copies ofcach of the reportsoftestimony taken by the suit select Comreconstruction together Wit the accompanyingdocuments, be printed without covers for the use of the House.”
Mr. LeBlOND. I wish to say this in ref erence to that resolution, which in my judgment amounts to nothing more than the order of the House originally: gentlemen upon this floor who are old members understand well when there are majority and minority reports the House makes an order to print, which car ries with it both the majority and minority reports; that the minority report is just as essential as the majority report itself in order to make the whole subject matter complete; and when the chairman of the ComPublic Printing undertakes to say to this House and the country Mr. FARNSWORTH rose.
Mr. LeBlOND. I cannot yield for a moment. I say when the chairman of the ComPublic Printing undertakes to declare to this House and the country that that committee carried out the order of the House merely, be is saying to this House and the country what is in violation of every principle governing the subject of public printin in this or any other deliberative body. Sir, the remarks of the chairman of that committee convince me that this omission of the minority report was by order of that committee, and he under takes to screen himself by givinga construction to the order of the House that is unwarranted.
Mr. FARNSWORTH. I ask whether an order to Jfflnli the report carries both the majority an minority reports. Is there an such thing as a minority report recognized by the rules? What is usualIy called the minority report is nothing more than the views of the minority which are allowed to be printed by courtesy.
The Speaker. The Chair will state, in reply to the point made by the Gentfrom Illinois, [Mr. Fsnxswon'rii] that there is no such thing in parliamentary law known as a minority report. The report of the majority is the report of the committee. But parliamentary odies always allow the minority to express their views in what is called the views of the minority. That is well understood, probably, by old members of the House. I am not able to answer that'
Mr. LeBlOND. I think the Gentfrom Illinois [Mr. FARNSWORTH] might read in vain to find in the rules of the House anything showing that the minorit report shall accompany the majority. But the gentleman being a law er, knows that custom makes rules and laws that are just as bindingas though they were written. There is scarcely a day passesin the transaction of business in this body, or any other deliberative body, when you do not find a minority report coming in and being published with the majority report. It has become so universal that it is not regarded as necessary to incorporate it into the rules of any deliberative body. It has become common law, and the necessity of such a thing is too apparent to everybody. Look at it. Here you have a committee selected for the purpose of making an examination and investigation into some particular subject. The committee go to work and take testimony, and when they have concluded their labors they undertake to agree upon some fact that is established by this testimony. Here we have a committee of 15 whohave had under consideration the investigation of a Inn for the reorganization of the States. When they undertake to come to a conclusion, as they did in this case, they find a portion in favor of one thing and aportion in favor of another. Percliance there may be a majority of only one upon the committee in favor of the report, and t cy publish that to the country for the purpose of communicatinginformation. But, sir, the Heuse is relieved of any common law doctrine relative to the authority to print the minority report for the reason this House, under the notice given to the House at the time the majority report was handed in, that a minority report would soon be made, which was done, not only authorized it to be made but received it and ordered it to be printed, which should have been done.
Mr. WASHBURNE, of Illinois. I appeal to the gentleman not to trespass any further upon my courtesy. I merely gave way to the Gentfrom NewYork [Mr. LAFLIN] to make his exlanation.
Mr. LEB OND. I believe I am speaking to a resolution introduced by the chairman of the committee, and I do not think I am indebted to the courtesy of the gentleman.
The SPEAKER. The Gentfrom Ohio withdrew his question of privilege, and the Gentfrom Wisconsin [Mr. Ennmnon] renewed it. The Gentfrom Illinois [Mr. Wasnannxn] then took the floor and moved that it lie on the table.
Mr. ELDRIDGE. I thought I had the floor.
The Speaker. The gentleman did have the floor, but he certainly was not making any remarks.
Mr. ELDRIDGE. I was slow of speech, and had not at through. [Laughter.]
Mr. LEB OND. If the Gentfrom Illinois [Mr. WASHBURNE] will indulge me 5 minutes I will be done.
Mr. WASHBURNE, of Illinois. I think that is cutting it rather fat after having spo ken about ten minutes. [Laughter]
Mr. LeBlOND. I know the kindly feel in of the gentlemen.
Mr. W SHBURNE, of Illinois. I am pressed by other gentlemen around me who want to get at other business.
Mr. HALE. Will the Gentfrom Illinois yield for a suggestion?
Mr. HALE. My suggestion is this: that a charge is made by the minority of this House of an improper execution of an order of the House. The charge involves a question of grivilege. Now, I have the most perfect condence in m colleague, the chairman of the committee, Mr. LAi ‘LIN] but I submit to gentlemen on both sides that the fact that such a charge is made by the minority is of itself sufficient to call imperativel for a proper investigation. It is a question 0 that characterthatnomancan rdtodisregardit.
Mr. WASHBURNE, of Illinois. I now reglew my motion to lay the subject on the ta e.
Mr. ELDRIDGE. On that I demand the yeas&nays. The yeas&nays were ordered.
Skip Skip The question was taken; and it was decided in the affirmative yeas 84, nays 29, not voting 60;. So the whole subject was laid upon the table.
Mr. FINCK. I ask the unanimous consent of the House to introduce a resolution providing for the printing of 100,000 extra copies of the report of the minority of the ComReconstruction.
Mr. WASHBURNE, of Illinois. I object. ELECTION CONTEST FULLER vnasns nswsos. The House resumed the consideration of the contested election case from the State of Pennsylvania, Dawson vs. Fuller, upon which the Gentfrom Pennsylvania [Mr. LAWRENCE] was entitled to the floor.
Mr. LAWRENCE, of Pennsylvania. Iyield to the Gentfrom Wisconsin, [Mr. Pawn]
Mr. AINE. I wish to give notice to the House that the previous question on this case will not be called before half past 3 o’clock this afternoon, and it may not be called as early as that. I now move that the consideration of this case be postponed until after the termination of the mormng hour in order to carry out the agreement [made yesterday with the chairman of the comPostOffice. The motion was agreed to.
Mr. PAINE. I repeat the notice that the previous question on the contested election case will not be called before half ast 3 o’clock today. I now insist on the regular order of business. FOREIGN TELEGRAPHIC COMMUNICATION.
The Speaker proceeded, as the regular order of business, to call the committees for reports, resuming the call where it was suspended yesterda, with the comPostOffice and ost Roads.
Mr. ALLEY. I wish to present, with the approval of the comPostOffice, a bill for the better protection of international communication. It is thought by many to be necessary after the passage of the telegraph bill. The bill was read a 1st and 2nd time. It provides that no line of magnetic telegraph cable or cables from foreign shores shall e landed, maintained, or o erated on or over the coast or shores of the U.S. without special permission of Congress.
Mr. ZLLEY. I call the previous question on the bill.
Mr. HALE. Allow me to oifer an amendment to the hill.
Mr. ALLEY. I cannot yield for amendments.
Mr. HALE. I hope the gentleman will allow me to oint out what I think is a very serious defect. in the hill.
Mr. ALLEY. I have shown the bill to a great many gentlemen, who saw no objection to it. It seems to me that it is very plain. I believe it is almost precisely the amendment proposed yesterday by the Gentfrom Illinois, [Min iVASHBURNl I] and I think the Gentfrom NewYork can have no objection to it. But if there is really any objection to the bill I shall not press it at this time, but shall move that it be recommitted.
Mr. JOHNson. I want to ask the Gentfrom Massachusetts [Mr. ALLEY] a question. I understood him to state that the ComPostoffice had agreed to this bill. I desire to inquire of him when the committee had this bill before them. This is the 1st time I ever heard of it.
Mr. ALLEY. The gentleman misunderstood me. I stated to the House, as they will remember, that it received the apprOval of the committee. I presented it this morning to every member of the committee, I believe, but the Gentfrom Pennsylvania, [Mr. Jermsos'] who was not in the House at the time, and they all approved it.
Mr. JOHNS N. Then it was not considered by the committee at all as a committee.
Mr. ALLEY. I insist upon my motion to recommit, and upon that motion I call the previous question.
Mr. HALE. I really wish the Gentfrom Massachusetts [Mix ALLEY] would allow somebody to point out the defects in this bill. But if the House is of opinion that it ought not to be done "
Mr. ALLEY. Ihave offered this bill because I believed there could be no possible objection to it. But there are persons in this House, I know, who want to delay the business.
Mr. HALE. I rise to a question of order. I inquire by what authority this bill comes before the House.
The Speaker. The Chair thinks it is too late now to raise a point of order in regard to the reception of the bill, though it probably would have been a good point if it had been made in time.
Mr. HALE. My point of order is this: this bill was introduced without anyone having an opportunity to object to it, supposing it came regularly from the committee. I now understand that no such bill has ever been referred to or considered by the committee as a committee, and therefore it comes here irregularly.
The Speaker. The question of reception can be raised only when the measure is offered; but after the House has considered a measure it is too late to raise the question.
Mr. HALE. Ifl had not supposed that the gentlemarr from Massachusetts [Mr. ALLEY] iad been authorized to report the bill, I should have objected to its recetion.
Mr. FARNSWORT. If my recollection is correct, when the bill was presented by the Gentfrom Massachusetts [Mr. ALLEY] it was stated either by the Chair or by the Clerk probably by the Chair 1‘ he SPEAKER. By the Chair, in the usual form.
Mr. FARNSWORTH. It was stated by the Cliairthat “the Gentfrom Massachusetts, from the ComPostoffice, reported the following bill." I supposed that it was a report from the committee; so did gentlemen who sit around me. And I think it was so understood by the Chair.
The Speaker. It was. But if the point of order can be made now it can be made after 2 or 3 hours’ discussion.
Mr. HALE. I wish to call further attention to the point of order; and that is, that the obJection was made at the 1st moment that the fact was disclosed to the House that the report was irregularly made.
The Speaker. That may be. But if the debate on this bill had been continued for 2 days before that fact was disclosed, it is evident that the objection would be too late. The question upon the reception can be raised only when the measure is introduced, and it is generally made by some member of the committee who dissents from it, and who discloses the fact that the committee had not formally authorized the report.
Mr. SCHENCK. I rise to a question of order upon this state of facts; the Speaker will correct me if I am wrong. I understand that this morning the floor was yielded by the member of the Committee of' Elections [Mr. Pawn] to the Gentfrom Massachusetts, [Mia Arman] the chairman of the ComPostOtiice, to continue making re arts from his committee. A bill was introduce ur orting to come from the ComPostOffice; it was announced from the Clerk’s desk, and read by the Clerk as a report from that committee. In the course of its consideration the fact was disclosed that the bill was not from the committee, but was an outside report. Now, the point I make is that if the question of reception is raised as soon as the fact is disclosed that is soon enough to raise the question. And if it were 2 days or 2 weeks after it was presented that the fact is disclosed that the house has been misled into believing that it was acting upon the report of a committee, when such was not the fact, it is then time enough to make objection to it. That which purported to be areport has been made: it as not been acted upon in any way. Before it has been acted on this disclosure is made, and the House comes into the possession of the knowledge that it is not a report from the committee. Then the Gentfrom NewYork [Min HALE] makes his objection.
The Speaker. The Chair overrules the point of order upon the ground that the uniform usage of the House has been different. When a report is presented, and it is disputed whether the report has been authorized to be made, the question can be raised whether the House will receive and consider the report. In this case the report has been received and considered. The point of order, therefore, is too late.
Mr. SCHENCK. How can the House know, at the moment of the presentation of a report, whether the committee have authorized the presentation of that report?
The SPEAKER. It is true that the House may not know; but the point cannot be raised after the report has been received and debate upon it continued at some length. The Chair Wlll state an illustration which is in point. The chairman of the ComMilAffrs [Mr. Scar mon] might report an Army bill, and after the House had been engaged for a week or 2 in the consideration of the bill, the oint might be raised that the bill had never been formally agreed upon in the committee room. It would certainly be too late then to entertain the question, “Will the House receive and consider this report?” for it would already have been received and considered.
Mr. SCHENCK. Well, sir, there ought to be a remedy somewhere.
Mr. FARNSWORTH. I rise to a point of order. How can a motion be made to recommit this bill when ithas never been committed?
The SPEAKER. Because ithas been treated by the House as having been reported by the committee, the report having been made by the chairman.
Mr. GARFIELD. I rise to a question of order. I wish to inquire why this is not a.re port from the committee. Is it necessary that the committee should have gone into their committee room and acted? 'I he chairman of the committee has stated that he had the consent of every member of the committee save one to the reporting of the bill, that;consent being obtained on this floor. N ow, I havekuowu dozens of cases in which reports of this kind made and received, the committee halivaivneglieeiand a consultation, but not in the committee room. Some gentlemen near me pay that this subject was never referred to that committee, either by petition or bill. I answer that the subject of this very telegraph bill has been referred by the House to the committee.
The Speaker. Both the usage snd therule of the House are against the point as suggested by the Gentfrom Ohio, [Mr. GARFIELD] The report of a committee, to be legal in the parliamentary sense, must be the result of the action of the committee in session, upon the call of the chairman or 2 members. On page 54 of Barclay’s Digest it is stated that “ a committee meet when and where the please if the House has not ordered time and place for them; but they can only act when together, and not by separate consultation and consent, nothing being the report of a committee but what has lieeii, pgreed to in committee actually assem bled Mr. GARFIELD. I desireto ask the Chair whether he does not recollect
Mr. ALLEY. To obviate all difficulty, I move that this whole subject he laid on the table.
Mr. GARFIELD. Mr. Speaker, I believe that Iam entitled to the floor.
The Speaker. The Gentfrom Ohio [Mr'. GARFIELD] is upon the floor on a question of order. If he has not concluded the presentation of his oint, he will proceed.
Mr. GARFIELD. I desire to remind the Speaker that last winter a bill reported from the ComMilAffrs being rejected in this House, the members of the committee consulted upon this floor and agreed upon a substitute, which, in less than 5 minutes, the chairman reported from that commit tee. Objection was made by other members of the committee; and answer was made that the consultation had been had here; and the bill was reported by the chairman as from the committee.
Mr. SCHENCK. I desire to correct the statement of my colleague, [Mr. Gsnrini.n.]
The SPEAKER. The Chair will 1st respond to the point of order which has been presented. Very often the chairman of a committee states, when the question is raised, that he has been authorized by the action of the committee to report a substitute or an amended bill; he takes upon himself the responsibility of declaring that he has the authority of the committee. In such a case, ofcourse. the Chair accepts the statement and entertains the report.
Mr. SCHENCK. I wish to add a word with reference to the facts in the case to which my colleague has referred. In that case no question was made as to where the committee had assembled. The members of the committee did, in fact, get together and agree upon a report, although they did not assemble in their committee room. The point made in that case was that the committee could not have met, because the report had been agreed upon during the session of the House; and that was on swered by showing from the record that the ComMilAffrs had authority to meet during the sessions of the House, which the Chair considered as a sufficient an swer to the objection.
The Speaker. The Gentfrom Massachusetts [Mr. ALLEY] moves that the whole subject he laid on the table.
Mr. HALE. I hope the gentleman will with draw that motion, in order that
Mr. ALLEY. I insist on the motion. The question being taken, there were ayes 85, noes 39; no quorum voting.
The Speaker, under the rule, ordered tellers; and appointed Mr. ALLEY, and Mr. wasunnass of Illinois.
Mr. ALLEY withdrew the motion to lay upon the table.
Mr. WASHBURNE, of Illinois. This is to supply an omission in the bill hurried through yesterday, to which I called the gentleman’s attention without effect. I well knew if he undertook to pass that bill in the shape in which he did this question would arise, that it would crmit any company of any foreign nation to and telegraph wires upon your shore and you cannot licl) it.
Mr. AL EY. The Gentfrom Illinois was in favor of the passage of the bill. He told me so. His object was an ulterior one. I Iis object was to prevent our getting at other bills which he was op osed to.
Mr. wASHBGRNE, of Illinois. The gentleman has no authority to make an assertion of that kind; and when he makes it he makes an unwarranted assertion. I was in favor of his bill, in good faith, if I could get such an amendment in which he now comes here and asks us to pass.
Mr. ALLEY. Iinsist on the demand fo the previous question. '1‘ ie previous question was 2nded and the main question ordered.
Skip Skip The House divided; and there were ayes 64, noes 31. So the bill was recommitted.
Mr. HALE mtRtv the bill was recommit ted; on the table. agreed to. BRIDGE ACROSS THE MISSISSIPPI.
Mr. ALLEY, from the comPostOffice and Post. Roads, reported back Senate bill No. 236, to authorize the construction of certain bridges, and to establish them as post roads, with amendments; and he also gave notice he would move as an amendment abill for the construction of a bridge at Clinton, Iowa.
Mr. HALE. Does this bill come regularly before the House? Has it been referred to that committee, and has the committee authorized it to be reported?
The SPEAKER. So far as the Chair is aware it is regularly before the House.
Mr. HALE. My object is to see whether this bill comes before the House in the same manner as the one just recommitted.
The Speaker. If the gentleman makes a point of order he must state some specific grpund for objecting, on which the Chair will ru e.
Mr. HALE. I want to know whether the bill is regularly reported. The SPEAKEI. The bill is indorsed as having been referred to that committee.
The clerk read 2nd amendment: Insert:. Abife: That abridge may be constructedacrossthe Mississippi river betweenPrairie Du Cliicn, in the State of Wisconsin and North Mc Grenorflu the State of Iowa. with the consentof the Legislatures of Wisconsin and Iowa. on the same termsand under the some restrictions as are 001' tuined in this act for the construction of a bridge at Quincy. Illinois.
Mr. ALLISON. Will the gentleman yield for a question?
Mr. ALLISON. I desire to ask the gentle from Massachusetts [Mr. ALLEY] what has become of an amendment that was sent to the committee by my colleague, authorizing any railroad companies whose lines terminate on the Mississippi river to build bridges on the terms and specifications of this bill; or if it is the design of the committee only to authorize special railroads to build these bridges at particular specified pomts, excluding other companies from the benefits of this bill. Why not propo50 8 general provision that will include every railroad that wishes to cross the Missis sippi river?
Mr. ALLEY. The committee were of opinion, I think unanimously, that it was improper to pass a general law of that kind. So they considered all the cases that were presented upon their merits separately, and it was on that ground that the amendment offered by the Gentfrom Iowa was rejected.
Mr. FINCK. I desire to say that I under‘ stood distinctly that all the amendments came from the committee Without any recommendation whatever.
Mr. ALLEY. My colleague will allow me to correct him. The amendments were adopted by the committee, I think by a unanimous vote, With the understanding that the bill itself was to be reported t of the House Without recommendation; but if the House in its judgment should think best to pass the bill, then it was thought proper on the part of the committee that these amendments should be adopted.
Mr. FlNCh. I desire to state to my colleague that I cannot be mistaken on this subject. I was opposed in the committee, as I am here, not only to the bill, but to the amendments, and it was only with the understanding that the whole subject should be referred to the House that we consented to report them withdut any recommendation. Certainly I could not favor the amendments when they involve precisely the points of the bill itseli. i
Mr. FARNSWORTH. I rise to a point of order It is improper to state what takes place in committee.
The SPEAKER. The Chair sustains the point of order. Statements can only be made in writing. in the conclusions of their report.
Mr. KASSON. Will the Gentfrom Massachusetts [ML ALLEY] allow me a word?
Mr. KASSON. Several inquiries have been made touching the amendment I offered, which was referred to the committee, proposing to grant a general right to all railroad companies upon reaeliin that river to bridge it upon the same terms. lilow, I wish to say that I waived that amendment for 2 reasons. One was that my colleague of the district in which Keo kuk is situated had an amendment which cov ered the object I had in view; and the other was, that I thought the privilege was a little too much to take away entirely the discretion of COD'WESSin all cases as to where it should allow that river to be bridged. I thought the special attention of Congress should be called in each case to the points to be bridged and that that discretion might be exercised at the time the privilege was asked. I therefore cheerfully waived that amendment, and in lieu of it agreed to accept that which my colleague from the 1st district will offen
Mr. WASHBURNE, of Illinois. I wish to state what perlia s may be a question of order, in order to call tic attention of the House to what our legislation has already been on this subject, and I particularly desire to direct the attention of the Gentfrom Massachusetts
Mr. ALLEY. I do not give way for that purpose. 1
Mr. WASHBURNE, of Illinois. Ihope we shall have a fairdisenssion. There has seldom been in this country a question of so much interest as this.
The Speaker. The Gentfrom Massachusetts declines to yield.
Mr. HOGAN. Will the gentleman yield to me only for a question?
Mr. ALLEI. I will after we get the bill in a proper shape.
Mr. HOGAN. It is merely a preliminary question.
Mr. HOGAN. I ask the gentleman whether we have not during this session directed the SecyWar to make a survey of the mississippi river, with a view to ascertain whc bridges can be built; and whether it would not be proper to defer further action until that matter is settled.
Mr. ALLEY. I believe it is true that the SecyWar has been instructed to make a survey, but I see nothing in this bill incompatible with that action. if this House sees fit to pass it. The Senate has passed the bill, and I believe by a very large vote, notwithstanding the action of the Senate and the House upon the subject to which the gentleman refers. Now, Mr. Speaker. IWish it distinctly under stood between myself and my colleague on the committee [Mia Fisex] how this matter stands. I think he will agree with meif he understands my statement. whichis this: that I wasinstructed to report back this bill without an recommendation. The committee were on ecided in regard to it, but with regard to the amendments they were unanimously of the opinion that as they involved the same principle, if the bill itself was passed, there could be no objection to the amendments. It was on that ground, and that alone, that they agreed to the amendments. Am I right?.
Mr. FINCK. I hardly think there will be any difference between the gentleman and myself wheu we come to understand each other. I understand that these amendments involve the same principle as is involved in the bill itself, and an opposition to the bill would be an opposition to the amendments. There is no doubt that the gentleman was authorized to report the amendments. I do not concur in the amendments, nor do I concur in the bill.
Mr. ALLEY. I did not mean to intimate to the House that the Gentfrom Ohio, my colleague on the committee, did approve of these amendments. But they stun upon the same ground as the bill and if the House should decide that the bill itself should pass, then there is no reason in the world for the exclusion of these bridges provided for in the amendments.
Mr. RANDALL, of Pennsylvania. I desire to make a motion, and in support of that motion I desire to say a word or two.
The SPEAKER. The question is on the demand for the previous question on the 2nd amendment reported from the ComPostOliice.
Mr. RANDALL, of Pennsylvania. I desire to move to recommit the bill to the committee with a view of having a report.
Mr. RANDALL, of Pennsylvania. Then I hope the House will not sustain the previous question, so that I can make my motion, and on it I desire to say a single word.
Mr. ALLEY. I cannot yield for any such purpose.
Mr. RANDALL, of Pennsylvania. You‘will certainly hear me.
Mr. ALLEY. The gentleman must allow the bill to be perfected.
Mr. RANDALL, of Pennsylvania. the committee to perfect the bill. The SPEAKEI. The Gentfrom Massachusetts must either insist on the demand for thrilprevions question or withdraw it.
Skip Skip The question was put upon 2nding the demand for the previous question; and there were ayes 57, noes 86. So
Skip Skip The previous question was 2nded. The main question was then ordered; and being put, the 2nd amendment was agreed to. The 3rd amendment reported by the committee was read, as follows: Add the following as an additional section: Sec. 7. Abife:, That the right to alter or amend this so as to prevent or removeall bmyaterial obstructionsto the navigation of said river the construction of bridges is hereby expressly reserved.
Mr. ALLEY. I yield now to the Gentfrom Iowa, [Mr. wlLSON]
Mr. WILSON. of Iowa. I move to amend the amendment by adding to it the following: Abife: That the Kcokuk Mid Hamilton OHFHM'IPDI Bridge Company be, and is harsh.antho sed to construct and mnintninabridize overt cMississippirivt r betweenKcokuk. Iowa and Hamilton llline ts. of the somecharacter, descrip tbiorind.geasnndtQcouninsetryuctionas provided in this act for the and burlington, and thesaid bridge. in its useand operation shall be subject to the sumo restrictions that apply to said bridgesat Quincy and Burlington by the terms of this act.
Mr. WILSON, of Iowa. I desire to say that this is one of the most important railroad crossings on the river; and if any bridge should he made, it. should be this one. I ask the previous question on the amendmenttothe amendment.
Mr. WASHBURNE, of Illinois. I would ask if this amendment to the amendment is recommended by the ComPostOHice.
Mr. ALLEY. It has not received the formal approbation of the committee, but I believe the Plfljfiflty of the committee, considering that it involved the same principle as the other amendment, made no oliyection to it.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the amendment to The amendment was agreed to. Mr. WILSON, oflowa, mtRtv the amendment to The amendment was agreed to; on the table. agreed to. I want The question recurred upon the amendment as amended.
Mr. WINDOM. I move to fiirther amend the amendmentby adding thereto the following: And that the Wine na and StPeter's Railroad Company, a corporation ousting under the laws of the tats of Minnesota, is herebyauthorisedto construct and operatea railroad bridire acrossthe Mississippi rMivinenrebsoettaw, eenthe city of Wine na. in the State of to the oppositebank of said river. in the State of Wisconsin, with the consentof the Legislaturesof the Statesof Minnesota and Wisconsin: and said bridge by this section authorized is hereby declareda post route and subject to all the terms. restrictions and requirementscontained in the fore going sections of this act. This amendment stands in precisely the same relation to the bilfas the one just now passed, offered by the Gentfrom Iowa, [Mr. will som] I believe a majority of the ComPostOffice are in favor of it, though I was requested to offer it. I now call the previous question on the adoption of the amendment to the amendment.
Mr. COBB. I have abundant reason to oppose this amendment to the amendment, and I hope the House will not sustain the call for the previous question.
Mr. WashB ENE, of Illinois. Iask the Gentfrom Minnesota [Mr. WINDOM] to withdraw for a moment his call for the previous question. This subject involves a matter of 2 bridges which were discussed for perliaps a whole day in the Senate. It is certainly a question which this House ought to understand before they vote upon it; and I trust the Gentfrom Minnesota [Mr. WIN non] will not press his demand for the previous question until the House can understand precisely what it is that they are asked to pass upon. It is a matter in which the Gentfrom Wisconsin [Mr. PAINE] and 1/2 of the people of Wisconsin are deeply interested.
Mr. PAINE. the gentleman is right; I am ver much interested in having it adopted. Mr. WINDOM. I insist upon the call for the previous question.
Skip Skip The question was taken; and upon a division there were ayes 52, noes 39; no quorum voting. Mr. COBB. I ask for tellers upon 2nding the call for the preVious question. Tellers were ordered; and Mr. Wmnou, and Mr. Wasnnuaxr: of Illinois. were appointed. The House again divided; and the tellers reported ayes60, noes 35. So The previous question was 2nded. The question recurred upon ordering the main question to beqput. Mr. WASHBURNE, of Illinois. Upon that I ask for the yeas and pays. The yeas&nays Were not ordered. The question was taken; and upon a division there were ayes G2, noes 31. So the main question was ordered, which was upon the amendment of Mr. Wisnou to the amendment. Mr. WASHBURNE, ofIllinois. Upon that question I call for the yeas&nays. The yeas&nays were ordered. The question was taken; and it was decided in the ntfirmative yeas 8t), nays 34, not voting 68;. So the amendment to The amendment was agreed to. Mr. WINDOM mtRtv the amendment to the amend ment was agreed to; on the table. agreed to.
Mr. WASHBURNE, of Illinois. Has the morning hour expired?
The SPEAKER. It has, and the bill goes over until Saturday morning next. PRINTING OF TAX LAWS.
Mr. LAFLIN, from the ComPrintg, reported the following resolution; which was read. considered, and agreed to: Resolved.That there beprinted for the useof the House 20,000 copiesof the internal tax laws.as theyshall stand after incorporating provisions of the not recently passed.so that as far as is practicable the provisions of the difforentlaws upon the same matter shall be printed in connection. POST ROADS.
Mr. ALLEY, by unanimous consent, from the comPostOffice, reported back Senate bill No. 369, to establish certain post roads. The readin of the bill was dispensed with.
Mr. ALLExifv stated that the bill contained nothing but provisions for post roads. The bill was ordered to a 3rd reading; ang it was accordingly read the 3rd time an passed.
Mr. ALLEY mtRtv the bill was passed; upon the table. agreed to.
Mr. ALLEY, by unanimous consent, from the same committee, also reported a bill to establish certain post roads; which was read a 1st and 2nd time, orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time and passed.
Mr. ALLEY mtRtv the bill was passed; upon the table. agreed to. DEPUTY COLLECTOR AT PORTLAND, OREGON. On motion of Mr. HIGBY, the ComAppropriat were discharged from the further consideration of the matter of increase of pay of the deputy collector at Portland, Oregon, and the same was referred to the ComCommerce. PAY OP CLERKS. On motion of Mr. HIGBY, the ComAppropriat was discharged from the further consideration of a petition in reference to the pay of clerks, and the same was referred to the ComWays&Means. TAPPING GOVERNMENT WATER PIPES.
Mr. FTHOMAS, by unanimous consent, introduced a bill in relation to the unlawful tapping of the Government water pipes; which was read a 1st and 2nd time and referred to the ComJudiciary. ABELARD GUTHR'IE.
Mr. SPALDING. I move that the ComApproriations be discharged from the further cousi eration of the claim of Abelard Guthrie, and that the same be referred to the ComElections.
Mr. DAWES. I should like to have the gentleman give some reason why it should be so referred. The ComElections had the case before them and reported it back. It was the u referred to the ComClaims, and on being reported back from that committee it was referred to the ComApproriations. if it is going around again, why not are it done today?
Mr. SPALDING. Ifthe ComElections will reportthis man has a good case, then the ComAppropriat will report to pay him. Mr. DAWES. The ComElections and the ComClaims have reported several times.
Mr. SPALDING. The ComClaims reported against it.
Mr. SCHENCK. It has been referred 4 or 5 times, and there seems to be no possi bilit of this man having his claim considered by the House.
Mr. PAINE. I move to refer it to the Committee on Revisal and Unfinished Business.
The Speaker. That committee is composed of 4 chairmen of principal commit tees. There was no objection, and it was so ordered.
Skip Skip MESSAGE FROM 'rnn SENATE. A message from the Senate, by Mr. FORNEY, its Secretary, announced that the Senate had insisted on its amendments disagreed to by the House to the bill (H.R.No. 2151)making appropriations for the consular and diplomatic expenses of the Government for the year ending 30th June, 1867, and for other purposes; had disagreed to the amendments of the case to the 9th amendment of the Senate; had agreed to the conference asked by the House, and had appointed Messrs. SUMNER, Taun BULL, and GHIMES conferees on the part of the Senate. The message further announced that the Senate had passed the bill (H.R.No. 727) entitled “An act declaratory of an act on titled ‘An act authorizing the SecyTreasury to issue registers to vessels in certain cases, approved February 10, 1866, " with amendments, in which the concurrence of the House was requested. The message also announced that the senate had passed a bill (S.No.414) entitled “An act to regulate the times and manner of holding elections for Senators in Congress;” in which the concurrence of the House was requested. ELECTION OF SENATORS. On motion of
Mr. COOK, Senate bill No. 414, to regulate the time and manner of holding elections for Senators was ordered to be printed. ENROLLED BILL SIGNED.
Mr. COBB, from the ComEnrollBill, reported that they had examined and found truly enrolleda bill of the Senate of the following title; when the Speaker signed the same: A bill (S.No.357) to aid in the construction of telegraph lines, and to secure to the government no use of the same for postal, Military, and other purposes. ELECTION CONTEST AGAIN.
The Speaker stated the regular order of business was the consideration of the report of the ComElections in the case of Fuller vs. Dawson, from the 21st congressional district of Pennsylvania, on which the Gentfrom Pennsylvania [Mr. LAWRENCE] was entitled to the floor.
Mr. LAWRENCE, of Pennsylvania. Mr. Speaker, there is no man in this House more averse to public speaking than Iam, and nothing but an imperative sense of duty to the contestant, who is a personal acquaintance and esteemed friend, and to the Union men of the 21st district of Pennsylvania, induces me now to trespass on the attention of the House. I know almost all of these and know how anxious they have been and are to be properly represented and there is not a more worthy or intelligent set of men in any district in the State. They feel and have felt that great injustice is and has been done them, because by the soldier vote the sitting member was defeated in 1862, and Mr. Stewart, of lndiana. a competent and intelligent gentleman, elected Over him.
Mr. DAWSON. I never heard that urged before.
Mr. LAWRENCE, of Pennsylvania. I repeat that the sitting member was defeated; the exact majority I cannot give, but have heard it was at least 50 votes, and perhaps more.
Mr. DAWSON. This is the 1st time I ever heard this urged, either here or in my district.
Mr. LAWRENCE, of Pennsylvania. Ifthe gentleman denies it, then there is a question of veracity between us, for I assert it on the authority of the gentleman then elected and others; This district is composed of Fayette, Westmoreland, and Indiana counties, and is a close district perhaps the Democrats have a small majority, but Mr. Fuller, the contestant, being a popular mun, received more than the party vote, and I believe was duly and honestly elected, as was
Mr. ROGERS. I will state the reason. It is because every Democrat who has been turned out has been wrongfully turned out.
Mr. PAINE. I merely wish to say in regard to that what I said yesterday, that of those 2 pages taken up in explanation of that return 3/4ths consists of the copy of the law of Pennsylvania, which the committee did not frame. I therefore could not well have written less.
Mr. LAWRENCE, of Pennsylvania. I am sorry the committee did not understand the laws of Pennsylvania, as it is very evident they did not. The laws of Pennsylvania were not. designed to disfranchise the soldiers. And before I go further I want to say on behnlfof the soldiers of Pennsylvania and other States, that in the camp, in the field, and in hospital they never voted to admit one of their ene mies to this floor. I have said that this case was made up by special pleading. Let us exercise common sense. I admit I am not a lawyer, and have not looked into the techni calities of the case, perhaps, as much as some who have been educated at the bar. I am a farmer, but I claim to have some common sense and I repeat that there is not a lawyer on this floor, care not how astute, who can show that these figures are wrong. I will take in learned colleague, [Mr. WILLIAMS] who has a cgal reputation. perhaps, equal to any man in the State; I will give him one hour to prove that the sitting member is entitled to his seat by the facts and figures of this report, and if he can do it I will agree to vote for it. He has examined it, and so have other able lawyers in the House, and they have come to no other conclusion than that by adopting the report of the committee you dist'ranchise these soldiers.
Mr. PAINE. I understood the gentlemen to say just now that the majority o the committee have found 15 majority for the sitting member. l I
Mr. LAWRENCE, of Pennsylvania. That is what the report says.
Mr. PAINE. Will the gentleman state in what part of the report he finds that?
Mr. LAWRENCE, of Pennsylvania. it is: “Upon the hypothesis that the illegal returns, to which the contestant objected, were actually can vassedin favor of Mr. Dawson, and the notice of contest crmits the contestantto attack them, the vote wilFbo, majority for J. L. Dawson 15.”
Mr. PAINE. I will explain now to the House the misunderstanding which the Gentfrom Pennsylvania, Mr. Lawnnxesfl in 1 common with all those who take the view he does, have made in regard to this report. If he had read further he would have read: "If it is assumedthat theseillegal returnswerenot, canvassed or that the notice of contest does not per mit the contestant to attach them, Mr. Dawson’s l majority will be21." Then, turning back to page 9 of the eporn l he would find that there is no proof whatever in the case that those votes should have been counted; and therefore the conviction of the committee was that the majority of the sitting member was 21, and not 15.
Mr. LAWRENCE, of Pennsylvania. If the Gentfrom Fayette [Mr. Dawson] was entitled to retain his seat by 21 majority, why did not the committee put it down in figures? In his argument yesterday the Gentfrom Wisconsin [Mr. Paws] claimed that the majority was 15. And when pressed by my colleague [Mr. Srorrsm] upon that, he now gives it. up, and puts in a claim for 21 majority.
Mr. PAINE. We did not put it down in figures, but we wrote it all out in letters and words on page 1‘).of the report, in the very next sentence to what the gentleman read.
Mr. LAWRENCE, of Pennsylvania. I have had that page.
Mr. PAINE. Does not the gentleman find “ 21 ” there?
Mr. ROSS. As the other side have more than sufficient majority to pass laws over the President's veto, I do not see that there is any political reason why they should turn out any more members on this side. We have now only members enough to call the yeas&nays, and I ask why the gentleman will not let us remain as we are.
Mr. LAWRENCE, of Pennsylvania. I am glad the gentleman has put the question in that way. I say those gentlemen have treated the soldiers‘ vote with reproach and contumely. They have tried in every possible way to disfranchise them. Still, if any member is legally elected, I am in favor of giving him his seat. I admit that I have been in the habit of voting with the committee, although I do not know that their recommendation was always right.
Mr. ROSS. Did you uotvote with the committee to turn out some members on this side who were entitled to their seats?
Mr. LAWRENCE, of Penns lvauia. The gentleman asks me whether I did not vote to turn out some members on that side who were entitled to their seats. I will say that none were turned out who were not turned out by the judgment of the committee; but some have been retained who ought not to have been retained because I do not believe they were elected by the people. I know the power of personal influence. It is very easy or me to go and ask an old friend to stand by me. It is not very difficult to get a member who has not examined the question to say he will not vote to turn out a member with whom he is acquainted. Knowing what an effort has been made to keep out the soldiers’ vote, believing the committee has come to a wrong conclusion, knowing that 4 members of the committee refuse to sign the report, I leave the case to the House with the hope that the House will do justice to this contestant. I have much more which I would like to say but which I am precluded from saying by want of time. The contestant presented his case fully to the committee, an if the House will examine iIt am sure they will agree with me that it is unanswerable.
Mr. MARSHALL. If the gentleman will permit me, I would like to say a few words in response to a remark made by his colleague, Mr. LAWRENCE.
Mr. MILLER. I will yield to the gentleman if it does not come out of my time.
The Speaker. It will not come out of the gentleman's time.
Mr. MILLER. Then I have no objection to yielding. 0
Mr. LAWRENCE, of Pennsylvania. Will the gentleman allow me to explain 7 He has certainly misunderstood me.
Mr. LAWRENCE of Pennsylvania. I desire to repeat what I did state. I said this: that the Gentfrom Wisconsin who made this report s out half an hour in attempting to prove that this report was the report of a majority of the committee. I admitted that it was the report of the committee, but I said that the Democratic members of the committee had, during this session, voted uniformly on all oc casions for their own friends. The Gentfrom Illinois knows that there is no gentleman upon the other side of the House for whom I have a higher regard than I have for him, but, I ask him if my statement is not true.
Mr. MARSHALL. You are mistaken in regard to that.
Mr. LAWRENCE, of Pennsylvania. If I am mistaken, I stand corrected; but I understand that in the Voorhees case the Democratic members of the committee voted to sustain Mr. V oorhees.
Mr. LAWRENCE, of pennsylvania. In the Dodge case, did they not vote to sustain Mr. Brooks?
Mr. LAWRENCE, of Pennsylvania. In the case of Koontz vs. Coffroth, you sustained Cof froth.
Mr. MARSHALL. In those 3 cases you are right and we were right.
Mr. LAWRENCE, of Pennsylvania. In the case of Fuller against Dawson, they voted to sustain Mr. Dawson.
Mr. LAWRENCE, of Pennsylvania. In the case of Mr. Baldwin, of Michigan, they voted for Mr. Baldwin, although there was a majority of 5 or 600 for Mr. Trowhridge.
Mr. MARSHALL. I remind the gentleman of the case of Follett against Delano.
Mr. LAWRENCE, of Pennsylvania. Oh, there was no real contest in that case. I want the gentleman to understand that I have no personal feeling toward him. Iam only stating facts.
Mr. MARSHALL. I do not understand the gentleman yet to say that he did not make the remark which I understood him to have made, that we would vote for our own side without any regard to the merits of the case.‘ What I intended to say was that this mode of discussing questions, so frequently indulged in by gentlemen, by attacking the motives and character of those who happen to differ from them, is unworthy of seats in a great deliberative body It is disgraceful to the House and ‘. illegitimate and disgraceful to the House and the country. I
Mr. LAWRENCE, of Pennsylvania. Ifthe gentleman will have it so I cannot help it. If they will vote so they must bear the blame.
Mr. MARSHALL. That is no answer to what I have said. I said, and I repeat it, that this mode of discussion, which has been adopted to a great extent by gentlemen upon the other side of the House during this session, is disreputable to the House and the country, and for myself, personally, I do not intend to submit to it any longer. Now, I would not have made these remarks had not the gentleman alluded personally to myself, because I happen to be a member of the ComElections. And I wish to say that while I do not claim to be free from the imperfections of human nature, while I know that all men are sometimes unconsciously misled in their judgments by their preconceived ideas or predilections, when any gentleman im' putes to me motives other than those which ought to actuate a gentleman and a legislator under the high responsibility of his oath and his positionfiie does that which is unworthy of him and he makes a charge which is in fact false.
Mr. LAWRENCE, of Pennsylvania. Mr. Speaker, I will not baudy words with my friend on the other side of the House. He knows that I have a high personal respect for him, as much as I have for any member of the Dem ocratic party. The gentleman will admit that ‘ile has been so long associated with that party lat it would be difficult for him to differ with them in opiniorP. I do not say that he does these things dishonestly at all not by any means. I have simply stated facts. Let the gentleman explain the facts away and not abuse me. SUFFERERS BY The PORTLAND FIRE.
Skip Skip A message from the Senate, by Mr. Fouxsy, its Secretary, announced that the Senate had passed a JtResolution (S.R.No. 129) to authorize the President to place at the disposal of the authorities of Portland, Maine, tents, camp and hospital furniture, and clothing for the use of families rendered houseless by the late fire, in which he was directed to ask the concurrence of the House.
Mr. RICE, of Maine. I ask unanimous consent to take up the JtResolution which has just been received and put it on its passage. No objection being made, the 'oint. resolution was read a 1st, 2nd, an 3rd time, and passed.
Mr. RICE, of Maine, mtRtv the Jtresolution was passed,upon the table. agreed to. LEAVE OF ABSENCE.
Mr. MOULTON asked and obtained leave of absencefor the remainder of the session for his colleague, Mr. Cannon. ELECTION CONTEST AG AIN.
Mr. GARFIELD. Will the gentleman yield to me for a moment?
Mr. DAWES. Certainly. DEATHS 01"PRISONERS OF WAR.
Mr. GARFIELD, by unanimaus consent, submitted the following resolution; which was read, considered, and agreed to: Resolved, That the SecyWar he directedto report to this House. nt as early a day as possible, the whole number of Union soldierswho died during the war while held by the rebelsas prisonersof war and also the number of rebel soldiers who died while held by us as prisonersof war.
Mr. GARFIELD mtRtv the resolution was agreed to; be laid on the table. agreed to. ENROLLEDJtResolution SIGNED.
Mr. COBB, from the ComEnrollBill, reported that they had examined and found truly enrolled a JtResolution (S.R.N o. 129) to authorize the President to place at the disposal of the authorities of Portland Maine, tents, camp and hospital furniture, and clothing for the use of families rendered houseless by the late fire; when the Speaker signed the same. CONTESTED ELECTION AGAIN.
Mr. BINGHAM. Does the gentleman mean to be understood as saying that the contestant offers no proof as to the number of votes given for him, and that he has asked the committee and the House to actupon his statement alone?
Mr. SCOFIELD. The gentleman will allow me to ask him a question. The remarks of the gentleman in relation to this notice are an entire surprise to me, and I feel constrained to notice them. I want to ask the gentleman if the committee was not unanimous, himself leading off, in decidin that the time from which the 30 days egan to run was the day upon which the Governor issued his roc laination, and if he did not himself decide, in a case which we had in the last Congress, that where the notice was given too early, if an acknowledgment of it. was made by the sitting member or the contestant as the case might be, without objecting to the time, that was a sufficient notice. Was not the decision that the time began to run from the proclamation of the Governor in Pennsylvania, and did not the gentleman brin forward his own precedent in the case of telast session 7 Did not he himself approve it, and was not the decision unanimous by the committee? There was no such straining or arguing to evade the law or the fact presented by anybody in that committee.
Mr. DAWES. That the statement of the facts surprises the Gentfrom Pennsylvania
Mr. SCOFIELD. It does not surprise me so much as it does that he thinks his present statiernent conflicts at all with what. I have sai.
Mr. SCOFIELD. What I mean to say is this: there are a great many things which the genileman has stated which I believe to be wholly and literally true. But his whole version of the matter is such a burlesque of the reasons that influenced the committee in deciding this question, that if it was anywhere else 1 would say that the gentleman was designing to burlesque it. Still, svith his solemn voice and impressive manner, and marching up and down the aisle, I suppose he designs to have the House understand that he is not making a burlesque of it.
Mr. DAWES. I will state that the gentleman has failed to point out wherein I have misstated one single thing. I admit that I tried all I could to get over this difficulty and reach the merits of the case. But I have never been over the ground in my own mind since without its seeming, as it strikes the Gentfrom Pennsylvania [Mr'. SCOFIELD] today, that it was more of a burles ue than a proper administration of the law. (had hence it was that the committee, looking back to the stand point of 5 weeks" examination, came to the conclusion that it was a pity they had not hold these parties to the law and required of them that they should conform to it. Now, there never was any reason in the world given why the contestant waited 32 days, until Mr. Dawson had left his home for Washington city, and then went out and hunted u 1 the house keeper in the country, and persuaded her to go to the house while they went through the farce of serving this notice. There were 30 days in November while Mr. Dawson was at home, when the notice could have been served there properly.
Mr. WILLIAMS. Will the gentleman allow fine to interrupt him a moment?
Mr. WILLIAMS. Inasmuch as I can find nothing in the report of the ComElections upon the point that m friendfrom Massachusetts
Mr. THAYER. I desire to ask the gentleman whether the' contestant offered evidence under any other specification than that which the entle man hasmentioned. h
Mr. DAWES. The contestant openly aban doned all the specifications but 3; and he offered no evidence under any except the 11 th.
Mr. SCOFIELD. The gentleman will allow me to explain. At one time a remark was made which was understood as an abandonment of the (greater part of the specifications; hut afterwar, when it appeared that the conf mittee had put this construction upon the remark, the explanation was made on' behalf of the contestant that it had never been his design to make any such abandonment.
Mr. DAWES. I have stated the matter in the hearing of all the members of the committee who were present. My friendfrom Pennsylvania and in self do not agree in our recol lection of it. think, however, the gentleman will admitthat this 11th specification is the only one under which the contestant ofiered any testimony. If the gentleman can point out any testimony offered under any other specification, I shall be glad to have him do so.
Mr. SCOFIELD. 'I will concede just what the gentleman himself said in the beginningthat there were no depositions. The evidence in the case on the part of the contestant was all record evidence. Yet I do no erstand that this justifies the gentleman Massachusetts in maintaining that the contestant presented no roof.
Mr. THAYER. I desire to ask the chair man of the committee whether there was any other specification to which the evidence would apfly.
Mr. DAWES. There was not. I never, before today. heard an body suggest that there was. I say this in the caring of all the members of the committee who took part in the examination of the case. I have regretted exceedingly, and I re ret it today more than ever, that the learnefiGentfrom Ohio [Mr. SHELLABARGER] was compelled to be ab sent during the hearing of this case by his duties upon another committee. The Gentfrom Michigan [Mr. Urson‘] was sick, and thus we lost his services. 2 other members of the committee the Gentfrom Pennsylvania [Ma Scorrsw] and the Gentfrom Vermont [Mr. Baxrsa] differed with the majority of the committee. I entertain a firm conviction that if we could have had the assistance of the Gentfrom Ohio, with the exhaustive ability which he brings to the examination of every subject falling Within his province to investigate, we should have had him today supporting actively the report of they may not be lost. the committee.
Mr. SHELLABARGER. Invail myself of the kindness of the chairman of the committee to say this in regard to the matter to which he has alluded, and which occurred when I was in attendance on the investigation of this case, and that is the matter of the abandonment or non-abandonment of a specification in the contestant’s statement or petition. The only point of difference in our recollection in regard to that record is this: I think there was no abandonment, although I think the remark was once made, but was afterward withdrawn as having been made inadvertently, or as one they did not want the committee to abide by. So much for that. As to whether there is any evidence applicable to the case or not, from my absence from the deliberations of the committee I am unable to say.
Mr. MILLER. I ask the gentleman if the seal of the State is not of some account.
Mr. DAWES. I submit that all that a man can certify to under the seal of the State is a copy of the record. He cannot certify a fact. If that be so, then the taking of depOsitions is useless. If he can certify anything except a record, I want to know what it is. There is no record, no minute, nothing in one of these apers showing when it came into the office. It was the eastest thing in the world to take the deposition of the secretary to show when they came there. They were not obtained till 14 months afterward, and he could have sworn when they came there. But that is riot all. I promised to relieve this case of every technicality. sought to be thrown around it by the 3 gentlemen from Pennsylvania who have spoken upon it. I hold in my hand the statement of his whole vote as furnished to the committee by the contestant himself, entitled “classified statement of the entire military vote.” I wish to ask my colleague on the committee, [Mr. ScorlsLn] and the Gentfrom the Harrisburg district, Mr. MILLER] and the other Gentfrom Pennsylvania, [Mr. Lswnsxca] if there is a single vote that is not on this paper.
Mr. SCOFIELD. I never saw the paper, and cannot, therefore, state.
Mr. DAWES. I regret to learn that the gentleman never saw the brief of the contestant in this case, furnished by him at the request of the committee used by him in the argument of the cause, and printed by the committee at his request for the use of the House. And yet my friend, who has undertaken to argue this case to the House, says he never saw it and does not know what it is. I ask the Gentfrom the Harrisburg district if there is a single vote in any camp or hospital that is not upon this paper entitled “classified statement of the entire military vote.”
Mr. MILLER. I took all the votes that were referred to in the report. I did not see an brief that the gentleman speaks of. In DAWES. I ask the other Gentfrom Pennsylvania [Mr. LAWRENCE] the same question.
Mr. LAWRENCE, of Pennsylvania. It is very easy to ask that question. Gentlemen on the committee say they never saw that brief. All we have stated is based on the reportitself, which shows that the contestant has a majority.
Mr. DAWES. I thought nothing could be fairer, and“therefore I put the question, so that the gentlemen might answer it if they could.
Mr. SCOFIELD. I do not know what the paper is, and I have not time to examine it. he gentleman gets up and swings a paper around triumphantly, and when I tell him I know nothing about it, thatI have never seen it, he commences a sort of I do not know what to call it. I do not know whether he is or [ning or scolding at me.Mr. DAWES. There is a copy of it.
Mr. SCOFIELD. I have no occasion to look atit, but if the gentleman wants to scold me about iIt, would ike to have him do it in 8 little different tone.
Mr. DAWES. I subniit that I am not scolding anybody. I am dealing fairly with this case, and I did suppose that nothing could be fairer than to take the contestant’s own statementof these votes and ask if there was any member of the House who knew of a sin gle vote that the contestant claimed that is not on this paper. If there is, I would like tqknow it. I state on my responsibility as a member of the committee, that I hold in my hand a paper prepared by the contestant taking the whole vote of this district. "It is printed and in circulation about the House. If I am wrong I am innocently wrong, and I will beg any member of the House to show me my error. The contestant here sums up the aggregate of IYcstmoreland, Indiana, and Fayette counties, miscellaneous returns and all, adds the civil vote, and brings out the result as follows: for the contestant, 10, 984; for the‘sitting member, 10, 966; majority for the contestant, 18. I think I may assume that the House will believe me when I state that this is eve vote he claims; and that upon this paper w rich I hold in my hand he has recounted the oll books upon which he relies; and he has been kind enough to give us the pages upon which you can find anyone of them. Now, the 1st thing I desire to say about this paper is, that in order to be satisfied that this man’s majority was 18, as he states, on must be satisfied that here are all the poll ooks. I am not alluding nowto that one which the gentlemen from Pennsylvania have claimed was omitted. That is in ere. But is it not necessary, if he asks you to count the vote of the whole district, and brings in papers here which he claims are the oll books of the whole district, that he shouldprove that this is the entire poll of the district? There is not one particle of evidence of that fact.
Mr. LAWRENCE, of Pennsylvania. Iwant to ask the gentleman if they have not records from all of these counties, made out by the prothonotaries and sworn to.
Mr. DAWES'. No, sir; we have not a sin gle scrap of paper sworn to except this afli avit in relation to Bidd Reynolds. Here the hammer fell.]Mr. DAWES. I ask the House to allow me ten minutes that I may go through this paper. I think I can close in ten minutes, butI should not like to be limited to that time.
Mr. PAINE. I ask unanimous consent that the time of the Gentfrom Massachusetts be extended. No objection was made.
Mr. SCOFIELD. If the gentleman will allow me to interrupt him, I desire to say that if he will turn to the record in the case, for instance, of the vote in McClellan hospital, he will find on pages 6 and 7 the return properly signed, giving the names of the voters. It is true that the certificate of the oaths is wanting there; but this will be found fully given on page 380.
Mr. DAWES. There are 2 returns from McClellan hospital; one for Westmoreland county, the other for Fayette 0r Indiana county.
Mr. SCOFIELD. The gentleman is think in of the returns from Lincoln hospital. 1
Mr. DAWES. Well, Mr. Speaker, I prefer to allow the contestant the benefit of those 3 votes, still leaving the sitting member with a clear majority, rather than detain the House by a minute examination of that matter. This case, Mr. Speaker, has been examined by the committee with a patience and assiduity which, I venture to say, have scarcely a paral lel in investigations of this character. The committee waived in behalf of the contestant every difficulty and objection which they possi blfy could waive in order to reach the merits o the case. The several gentlemen from Pennsylvania who have advocated the claims of the contestant with so much zeal and ability have directed their attention to various returns conncctedwith this case, but no one of those gentlemen has even looked at the contestant’s own a brief. They all appear to have been ignorant of its existence niitilI called their attention to it here in the House. I have taken up that brief and have, I think, shown conclusively that the contestant on his own showing did not receive a majority of all the votes of the district. There are other papers in this case to which I might refer in confirmation of the position which I have taken; but at this late hour I will not tax my own strength or the patience of the House by dwelling upon them. I resent, that this case presents no question about isfranchising soldiers. I affirm that it is impossible to make out a majority of votes for the contestant unless you count votes which were cast for other officers, or count the same votes twice, or count votes which have no authentication whatever. I leave this case to the good judgment and good sense of each mem fier of the House.
Mr. PAINE. I am informed that the Gentfrom Pennsylvania EMr. KELLEY] and the Gentfrom Ohio [It Mr. SHELLABARGER] desire to speak on this question. If they do I will yiel the floor to them. If not I will call for the previous question tomorrow after the mornin hour.
Mr. SHELLABARGER. I do not want to say anything this afternoon, but if permitted I may want to say a word or 2 tomorrow.
Skip Skip Mr. WASHBURNE, of Illinois, demanded the previous question. The previous question was 2nded, and the main question ordered. Mr. WASHBURNE, of Illinois, mtRtv the main question was ordered; on the table. agreed to. And then, on motion of Mr. PAINE. (at 5 o‘clock and 5 minutes p. m.,) the House adjournedr
Skip Skip PETITIONS, ETE. The following petitions. k0, were presented under the rule unbrcterred to the appropriate committees; By Mr. BROOMALL: The petition of citizens of Chestercounty, in the State of Pepnsylvania, ii king for such change in the tax and tarifflawsas will protectAmoricaii labor agpinstforeign competition, By Mr. MOORHEA Allcahany county. Pennsyvcutnitiiaon of rroamyincgitizfoernsine f crBeaysedprotection to American In or. Mr. SOHENCK: The memorial of the Rev. J. gaisntibounrnchBarpoewlnIn. rGeecotorgreotfotwhne.DPrisottreicsttaonfte EoliluSmOObiIaJj, H asking for an amendment to the law in relation to thAelrseos, idence of vestrymen. the petition of H.B. Lacy. late major U.S. volunteers, prayingrelief for lossesof property and voucherstaken and destroyed Without fault or negligenceon his part.
@@@IN SENATE SENATE. FRIDAY, July 13, 1866. Prayer by Rev. Dr. Hiscox, of NewYork city. On motion of Mr. EDMUNDS, and by unanimous consent, the reading of the Journal of yesterday was dispensed with.
Skip Skip PETITIONS AND MEMORIALS. Mr. MORGAN 'presented 5 memorials from dealers in hardwarcand cutlery in NewYork, Boston, and Philadelphia, remonstrating against the exeessive duties imposed by the tariff bill; which were referred to the ComFinance. REPORTS FROM COMMITTEES. Mr. POMEROY, from the ComPubLands, to whom were referred various petitions and memorials concerning land grants in the southern States which expire in 1866, reported a bill (S.No.422) to revise and extend certain of the provisions of an act approved the 3d day of June, 1856, entitled “:1 act granting public lands in alternate sections to the State of Alabama, to aid in the construction of certain railroads in said State and for otherpurposes;” andnbill (S.No.423) amend atory of the act granting public lands in ulter nate sections to the States of Florida and Ale. bama, to aid in the construction of railroads in said States, approved May 17, 1856. The bills were severally read a 1st time by their titles and passed to a 2nd readin.
Mr. GUTHRIE. I am directed by the ComFinance, to whom was referred the bill (S.No.379) to amend the several acts to indemnify the States for expenses incurred by them in defense of the U.S., and also aresolution, to report an amendment to the bill as a substitute for the bill and resolution; and I ask for its present consideration.
Mr. POLIERO. Ihope we shall be allowed to complete the morning business, and therefore I trust the bill will not be considered now. '
The PRESIDENT protempore. Is there any objection to the present consideration of the bill?.
The PRESIDENT protempore. Objection being made, the bill cannot be considered on the day it is reported.
Mr. GUTHRIE, from the Committee on Fi nance, to whom was referred the JtResolution (S.R.No. 115) respecting the payment of interest upon the war debts due the loyal States, asked to be discharged from its further considoration.
Mr. ANTHONY, from the ComClaims, to whom was referred the JtResolution (H.R.No. 115) for the relief of John Wells & Sons, of Baltimore, reported it with; out amendment.
Mr. CHANDLER, from the ComCommerce, to whom was referred the bill (H.R.No. 728) authorizing the SecyTreasury to issue certificates of registry or enrollment and license to certain vessels, reported it without amendment.
Mr. WILLIAMS, from the ComClaims, to whom was referred the bill (H.R.No. 629) for the benefit of William G. Lee, reported it without amendment.Mr. HARRIS, from the Committee Public Lands, to whom was referred the bill (S.No.396) for promoting the growth of forest. trees on the public lands, reported it with amendments.
Mr. DAVIS, from the ComClaims, to whom was referred the memorial of Mary E. Walker, M. D., praying for compensation for services rendere by herto the Government during the late rebellion, reported adversely thereon. He also, from the same committee, to whom was referred the Jtresolution (H.R.No. 119) for the relief of Isaac Ramsey, internalrevenue collector for the 8th district of Ohio, reported it with amendments. e also, from the same cemniittee, to whom was referred the JtResolution (H.R.No. 170) for the relief of Caroline A. Randall. admiiiistratrix and widow of Charles B. Randall, deceased, reported it without amendment.
Mr. HOWARD. The ComMilAffrs , to whom was referred a JtResolution (S.R.No. 125)grauting the right of way through military reserves to the Union Pacific Railroad Company and its branches, have had it under consideration, directed me to report it back to the Senate and recommend its passage; and I beg to ask the Senate to put the JtResolution on its passage now, because it is very necessary at this time. I hope, therefore, that it will be considered at once. By unanimous consent, the Senate, as in ComWhole, resumed the consideration of the Jtresolution.;
Mr. FESSENDEN. Has that resolution come from any committee?
Mr. HOWARD. Yes, sir; it is just reported.
The PRESIDENT protempore. It is reported by the ComMilAffrs .
Mr. FESSENDEN. I think it on ht to be referred to the ComPublicLands.
Mr. POMEROY. I notice one feature iirthe resolution by which it is provided that when these lands are not wanted for militar purposes the shall be restored to the public ands. The lands in these military reservations are very valuable, and it has not been our svstem heretofore to restore them to the ab ic at $1 25 an acre. We have always lin militn reservations, when no longer wanted for Military purposes, sold at whatever they would bring, but under this bill you restore them to the public lands and then they can be taken at $1 25. I do not want to object to the res olution, but I say that is a feature which we have never adopted in any bill which came from the ComPubLands.
Mr. SHERMAN. There is one clause of this resolution which I certainly object to. I have no objection to the grant of the right of way through the Fort Riley reservation to this railroad and sufficient ground for the necessary stations; but the 2nd clause of it, if I heard it read correctly, grants to all railroads running through reservations not only the right but all that is necessary for their bui dings and station houses. For instance, suppose they should go through the reservation at ort Leavenworth, an immensely valuable piece of rop erty. The only limitation here is, I be ieve, 20 acres in the midst of the Fort Riley reservation for stations, &c. I do not wish to grant anything more than is necessary for the occasion. I have no doubt that the railroad named her; ought to have the right of way through the Fort Riley reservation, with suit able stations and grounds; but I think they ought to be confined to that one object, and it should not be made general.
Mr. HOWARD. If the Senfrom Ohio will look at the resolutionlhe will see that none of those grounds can be taken b the railroad without t ie consent of the Presient., Mr. SHERMAN. I know; but the President has not the information, and we ought not to throw this duty upon him.
Mr. HOWARD As a matter of course it will be referred to the proper Dept for examination, and if an extravagant quantity is required by the road, of course it will not be granted. I know of no safer mode than to refer such questions to the proper Dept Of the GOVGI‘HHIOHZ, who have access to the maps and public surveys and can determine better than anybody else as to the quantity that is required.
Mr. SHERMAN. The remark of the Sea ator might apply very well to a right of way, if the road must pass over a reservation, but not to station grounds on the reservation, because there will be grounds surrounding the reservation which the railroad companies could purchase.
Mr. HOWARD. It is not possible for us to lay down any more safe an accurate rule than this resolution contains in itself as to the quantity necessar to be taken.
Mr. POMEROY. It is very important that the company should have the right of way, but I suggest to the Senfrom Michigan to put m a clause that when the reservation is not needed for military purposes, it shall be disposed of under such rules and regulations as the SecyInterior may prescribe.
Mr. HO ARD. I have no objection to.such. an amendment.
Mr. SHERMAN. I more to amend the resolution b striking out, in lines 4 and 5, the words‘ and the necessary grounds or depots, stations, shops, ” &c.; so as to make it read simply: ri gThhtato. fsubject to approval by the President, the way, 100 feet in width is hereby wanted tot a Union Pacific Railroad Company and 6 companies constructing the branch roads connoefcting therewith, for the construction and operation their roadsover anduponall military reservations ough which the same may pass. I t also then specifically grants to the eastern lvision 20 acres of the Fort Riley reservation.
Mr. HOWARD. I hope thatamendment will be adopted. The grounds for depots, stations, shops, '&c., may be just as necessary hi a military reservation asthe right of way itself. It maybe necessary to establish a depot upon a military reservation. It may be to the public interest to do so. Very often it is for the public interest. Why, then, should they be prohibited from having the necessary ounds for their depots and machineshops, an everything else connected with a station “I
Mr. SHERMAN. This resolution provides for a grant of 20 acres at the Fort Riley reservation; and if a case should hereafter occur at any reservation we can provide for it. They will not reach any other fort for ayear or two, at any rate.
Mr. HOWARD. I cannot see the necessity for particular acts of legislation whenever a ea8e of this kind may arise. Why not enact it in the shape of a general law, leaving the execution at the law to the President. under the advice of the heads of the proper Depts? There is no danger in it at all; on the other hand, I think the public interests will be better secured by this provision. I hope the amendment will not prevail.
Skip Skip The question being put, there were, on a division ayes 18, noes 4; no quorum voting. Mr. GRIMES. I call for the yeas&nays. The yeas&nays were ordered; and being taken, resulted yeas 20, nays 5; 24. So The amendment was agreed to.
Mr. HENDRICKS. If it is the intention of this resolution to give these lands to the railroad compini, then it should pass, I suppose, as reported; but if it is intended simply to give them the use of the land, then these words ought to be stricken out from the 19th to the 22nd lines, “the same when so restored to be subject to existing laws concerning public lands in the same manner that they would have been if said reserves had never been made.” If these lands happen to fall upon odd sections they will come, under the grant, to the railroad company; so that the company will have the absolute ownership under the original grant if these words are let in the resolution. If that be the purpose of the committee, and it is the pleasure of the Senate to do so, I have no objection; but to test that, I move to amend the resolution by strikin out those words.
Mr. IOWARD. I have no objection to their being struck out.
Skip Skip The amendment was agreed to. The JtResolution was reported to the Senate as amended, and the amendments made as in ComWhole were concurred in. The resolution was orderengross for a 3rd reading, and it was read the 3rd time and passed. THE TARIFF BILL.
Mr. ANTHONY. The ComPrintg, to whom was referred a resolution to print1,000 copies of the tariff bill, have directed me to report it back without amendment and to recommend its passage. I ask for the present consideration of the resolution. The resolution was considered by unanimous consent and agreed to, as follows:. Renolverl,That there be printed for the use of the Senate. 1,000 additional copiesoftho bill (H.R.No. 718)toprovideincreasedrevenuefrom imports, and for other purposes. RETROCESSION OF ALEXANDRIA.
Mr. WILLIAMS. I move to reconsider the vote of the Senate refusing to pass Senate bill No. 280, to repeal an act entitled “An act to retrocede Alexandria, in the DistCol, to the State of Virginia, ” and for other purposes. I do not propose to ask any imme ‘amciidatory of certain acts imposin (liate action on the motion; but I desire to have it entered at this time.
The PRESIDENT protempore.tion to reconsider will be entered. BILLS INTRODUCED.
Mr. WILLEY asked, and byunanimous consent obtained, leave to introduce a bill (S.No.424) to incorporate the Washington Tem erance Society of the city of Washington, DistCol; which was read twice by its title and referred to the ComDistCol.
Mr. WILLEY also asked, and by unanimous consent obtained, leave to introduce a bill (S.No.425) to provide for restoring to the States lately in insurrection their full political rights; which was read twice by its titlre.
Mr. WILLEY. The committee of 15 having acted upon that subject, and desiring when their bill shallcome up for consideration to offer the one I now propose as an amendment, I move that it be laid on the table and be'lprinted. he motion was agreed to.
Mr. WADE asked, and b unanimous consent obtained, leave to intro ace a bill (S.No.426) to punish adultery in the DistCol, and for otherpu oses; which was read twice by its title and referred to the ComDistCol. HOUSE BILL REFERRED. The JtResolution (H.R.No. 187) recommending the organization and instruction of the militia of the several States, and providing for the distribution of ordnance and ordnance stores, was read twice by its title and referred to the ComMilAffrs . TONNAGE TAX 0N VESSELS.
Mr. CONNESS asked, and by unanimous consent obtained, leave to introduce a JtResolution (S.No.130) to construe an act duties on foreign importations, approved arch 3, 1865; which was read twice y its title.
Mr. CONNESS. I ask for the present consideration of the resolution; and on a slight explanation I know that the Senate will not obicct to it.
The PRESIDENT protem are. It requires the unanimous consent of the Senate to comsider the resolution on the day it is introduced. No objection being made, the JtResolution is beforethe Senate as in ComWhole, and will be read at length.
The Secretary read the JtResolution, which provides that the 2nd proviso of section 4 of an act entitled “An act amendatory of certain acts imposin duties on foreign iinportations ” approve March 3, 1865, shall be construe to include any ship, vessel, or steamer to or from any ort in the Sand wich Islands or the Society slands.
Mr. FESSENDEN. I will state to the Sea ator that that is one of the clauses in the tariff bill which was postponed until December next.
Mr. FESSENDEN. I presume the Senator knows it. The subject has been under consideration in the House committee, and I think it can hardly be worth while to separate this from others. There will be abill rought in to amend several of those sections.
Mr. CONNESS. If the Senator will listen to me for a moment, I think he will have no objection to it.
Mr. FESSENDEN. I have no objection to it; I think it is all right; but it will be included with several other sections in a bill which will be reported and probably passed, and I see no occasion for separating it mm the others.
Mr. FESSENDEN. That is the intention. If it is not done in the House it will be done by the Senate committee.
Mr. CONNESS. I hold in my hand a letter on the subject showing, and of course the The mo law itself shows, that it was the original intention to release all vessels making those short voyages from the payment of the tax, except once a year, while all those vessels are now subject to the payment of 30 cents tonnage on their trip. If the honorable chairman says that it will be reached at this session, of course that will be enough on the subject.
Mr. FESSENDEN. A bill will be reported from our committee unless the one reported in the House and now under consideration is speedily acted upon.
Mr. CONNESS. Then I move to refer the pending resolution to the ComFinance. The motion was agreed to. SEWARD A. FOOT.
Mr. POLAND submitted the following res olution; which was.referred to the Committee to Audit and Control the Contingent Expenses of the Senate:. Reso‘lerd, That therebe paid out of the contingent fund of the Senate to SewardA. Foot. the sum of ‘180iu full for servicesas clerk of committee. COMMITTEE CLERKS.
Mr. SPRAGUE. I move that the Senate proceed to the consideration of the resolution increasing the pay of the clerk of the ComMilAffrs‘and the Militia, and the clerk of the ComDistCol. The motion was agreed to; and the senate resumed the consideration of the following resolution: a Resolved, That the annual compensation of the clerks of the ComMilAffrs and the DistCol shall hereafter be the same asthat of the clerks of the Co mittens onlgogiancc, Printing and ClaimsI comme n3 July Mr. CHANDLER. I move to amend the resolution by adding the clerk of the ComCommerce. M
Mr. GRIMES. Is there not a motion already pending? If I remember aright, I made a motion when this subject was under consideration before to refer the resolution to the ComContingent Expenses to consider the whole subject as to all these clerks, and if it be necessary that their pay shall be increased, let the committee make it uniform.
The PRESIDENT protempore. An examination of the record shows that that is now the motion pendin upon the resolution. The amendment there ore, perhaps, will not be in order without unanimous consent. It is moved that the resolution be referred to the Committee to Audit and Control the Contingent Expenses of the Senate.
Mr. SPRAGUE. I trust that will not be the disposition of this resolution. The object of a reference is for information as I understand, upon all matters that come before this body. 7 is resolution has already been before the Senate twice; it has taken up a great deal of its time, and is understood by every member. It is understood and wanted by the chairmen of the respective committees to which it refers. It is not perhaps so much necessary to the chair man of the ComDistCol, though he would not object to it; but it is necessary for the proper administration of the business of the ComMilAffrs . I I believe it; the chairman believes it; he asks for it; and I can see no real objection to the Senate considering the eubieet at the bpreseut time.
Mr. FESSENDEN. I hope the resolution will be referred. The Senfrom RhdIsland, I think, is very much mistaken in one respect. We get the information at 2nd hand, altogether. The chairman of the ComDistCol, my colleague, [Mr. MoRaILL] told me expressly when he was in the Senate the othe day, that this was done without his knowle ge, without his assent, and that he did not think it necessary or advisable to make the clerk of the ComDistCol 11permanent clerk, nor did he think it advisable in the other instance. on such a motion is brought in ip here, and the chairman of one of the commit tees concerned, which certainly has considerable business. deems this an unnecessary expense, I think the least we can do is to refer the resolution to the ComContingent Expenses to examine into the matter. You see to what it leads. M honorable friendfrom Michigan moves to a d the clerk of the ComCommerce, and somebody else will move to add the clerk of some other commit tee, and so it will go. I think the matter had better be sent to the appropriate committee, to be carefull examined.
Mr. RI DLE. I merely wish to say one word in reply to the Senfrom Maine, with regard to the clerk of the ComDistCol. If there be a clerk connected with an committee, other than the ComFinance, who should be a ormanent officer, it is the clerk of the ComDistCol. That committee has, this session, had over 100 bills before it. The clerk has been comelled to be present every day of the week. e is obliged to be familiar with the laws of the country and the regulations of the District. If yoh are to pick up a clerk to that committee for 3 months during the short session, for the perdiem allowed during that time, you will have to take a man from this neighborhood, and you cannot expect to get a man who is expe rienced and able to discharge the duties. I have served upon that committee, and I know the duties the clerk has to discharge; and if the chairman of the committee were present he would indorse every word that I say on the subject.
Mr. FESSENDEN. I can only say in reply, that the chairman of that committee, who certainly ought to know as much about the labors.of it as anybody, because I believe the labor of a committee generally falls on the chairman, expressly stated to me that the resolution was moved without his knowledge, or assent, and that he did not consider it necessary oradvisable to make the clerk to that committee permanent; that he thou t the clerk should only be continued durinit e time Congresswas in session; that to made him a permanent clerk would be a useless expense from which no good would come. This was substantially his statement to me and to others.
Mr. CHANDLER. I hope the reference will be made, for there is an evident injustice being done here to clerks ofcommitteesin this body. It may be that the Committee on Fi nance require a permanent clerk. I presume they do 5 at I think there is no other committee of this bodythat requires a permanent clerk, and I hope that if the subject is referred to the ComContingent Expenses they will regulate the whole matter and report a proper provision on the subset. Now, in regard to the labors of clerks am sure there is not a clerk of any committee of this body that 'has (lurin the present session performed one"half the in or that the clerk of the ComCommerce has performed; and if there is any committee, besi e the ComFinance, that requires a permanent clerk, it is the ComCommerce. But I am willing that the reference should be made, and I be e the ComContingent Expenses will give the subject a thorough investigation, and correct the wrong which is being done.
Mr. POMEROY. I suppose all that the Senfrom Delaware has said in reference to the ComDistCol might be said in reference to the comPubLands, but we have not thought of asking for any compensation for our clerk during the recess. should go to the ComContingent Expenses. If they report a bill including all the clerks, it will be very well. If not, I think we had better let the matter remain as it is.
Mr. GRIMES. I apprehend that every chair man of a committee would say about the same thing in regard to the services performed by his clerk. I happen to have been for about 4 years, I believe, prior to the last session prefer that this matter' of the last Congress, chairman of the ComDistCol, and I know something of the duties required to be per formed by the clerk of that committee, and I think I have a tolerable apprehensionas to the duties required of each of the clerks named in the resolution. It seems to me that in order to prevent any misunderstanding, any invidious comparisons here in the face of the Senate, or anylll feclin among the clerks or among the chairmen of the various committees, the easiest and best and most proper way to dispose of this matter is to refer the resolution to the ComContingent Expenses, and let that committee investigate the whole subject and report to the Senate.
Mr. AVIS. I believe the ComDistCol have unnecessarily arid unwisely added 9 10thsto their labors this session, and my own judgment would be for disallowing a clerk to that committee above all the committees of the Senate. If in that way we could stifle the mischief that they have been working, it would be a God seud to the country.
Mr. SPRAGUE. I must continue to object, though perhaps the objection will be in vain, to the disposition proposed to be made of this resolution. The Senfrom Iowa is disposed to postpone this matter, as be is a great many others, as we foundtyesterday. I desire, however, to se. one wor in reference to the remark made by the Senfrom Maine with regard to his colleague. I did not sanction that portion of the resolution with regard to the ComDistCol unadvis edly. Before introducing the measure I applied to the chairman of that committee, and after it was introduced I had a conversation with him on the subject, and I got no such impression as that referred to and expressed by the honorable member from Maine. Here are committees of this body employing a clerk during the long session of 7 months. During that time he gets fully instructed as to his duty, and by the time Congress adjournsin July or August he is very well qualified. Then he goes out, and the question is whether you can get him at the short session. It is evidently important that persons of experience should occupy these positions. If the clerks are changed every session, I think you cannot get proper, judicious legislation based upon the information that a competent clerk will obtain for a committee. Almost every messenger in this whole Government is continued through out the year. The clerks in most of the subordinate depts of your Government are continued throughout the year, with a pay equal to that received by these men, who are supposed to be, and whom it is desired should be, cometent to discharge the duties required of them. he ComFinance would hardly be willing to commit its duties to an uninstructed man as clerk. It would be dimcult to find in the whole range of its vision one who could satisfactorily and ably discharge the great trusts uecessaril reposed in the clerk of that committee. The same argument applies to other committees. I hope the resolution will not be referred.
The PRESIDENT protempore. The question is on the motion to refer this resolution to the Committee to Audit and Control the contingent Expenses of the Senate.' 0 The motion was agreed to ayes 23, noes not counted.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. McPnunsox, its Clerk, announced that the HoRep had passed, without amendment, the bill (S.No.114) for the relief of A. T. Spencer and Garden S. Hub bar. The message further announced that the HoRep had concurred in the amendments of the Senate to the following bills: A bill (H.R.No. 702) granting a pension to Mrs. Charlotte E. Reed; . of the foregoing section. the sum of $100,000 A bill (H.R.No. 739) for the relief of Sn mantha Rader;. A bill (H.R.No. 74l)(frantingnpension to Jonathan W. Beach; an A bill (H.R.No. 742) for the relief of the mine r childrep of Salvador Accardi, deceased. ENROLLBD BILLS BIGNE The message further announced that the Speaker of the House had signed the following enrolled bills; and they were thereupon signed by the President protempore: A bill (H.R.No. 456) to extend the benefits of section 4 of an act making appropriations for the support of the Army for the year ending June 80, 1866, approved March 3,1865; A bill (H.R.No. 518).to reduce internal taxation and to amend an act entitled “An act to provide internalrevenue to support the government, to pay interest on the public debt, and for "other purposes, " approved June 30, 1864, and acts amendatory thereof; A bill (H. It. No. 611) to provide for making the town of whitehall, i NewYork, a port of delivery; and A bill (H.R.No. 726) to extend to certain persons the privilege of admission in certain cases to the U.S. Government Asy lum for the Insane. RECORD OF A COURT 0! INQUIRY.
Mr. WILSON. I offer the following resolution, and ask for its present consideration: Resolved, That the POTUS be requestedto furnish to the Senate the record of the court of inquiry uponthemurder of 23 U.S. sol ion at Kinston, NCarolina. in 1864b.ythe rebel Generals lloke andPickett. under tahrme ayl, letoggeedtchhearrgeof being descrters from the rebel Withthe proceedings of the said court of inquiry and the action. if any, taken thereon.
Mr. FESSENDEN. I should like to hear the reasons for that resolution. I do not know what necessity there is for it. To copy the record will create a great deal of writing; it is a large record, I suppose.
Mr. JOHNson. object to considering the resolution now.
The PRESIDENT protempore. Objection being made, the resolution lies over under the I1le. WHITE BLUFFS AND HELENA ROAD.
Mr. NESMITH. I move to take up for consideration Senate bill No. 332. The motion was agreed to; and the bill (S.No.332) to provide for the construction of a wagon road ffom White Bluffs, in Washington Territory, to Helena, in Montana Territory, was considered by the Senate as in ComWhole. The ComMilAffrs had reported an amendment, whicbwas after the word “dollars, ” in line 3 of section two, to insert the wordi“ or so much thereof as may be necessary.”
Mr. GRIMES. I now call for the reading of the bill as amended.
The Secretary read as follows: Be it ennclrll, (tr. That the SecyInte rior be and he is hereby authorized and empowered to survcv. locate and construct a wagon road from White rifle. in Washington Territory. via Pond Oreillelake, to Helena, in Montana Territory. $502 Abife: That to enable the of SecyInterior to carry out the provisions much thereofasmay benecessary.be and thishim: is hereby, appropriated out of any money in the Treasury not otherwiseappropriated.
Mr. POMEROY. What committee reports this hill? 0
Mr. POMEROY. Then I suppose it is a military road; but the bill does not say so. It says “a wagon road.”
Mr. GRlMES. I inquire if this has been eitimated for by the War Dept, or any recommendation made for such an appropriation.
Mr. NESMITH. I will state that there has been no estimate from the War Dept. This is simply abill providing for the construction of a wagon to to connect the waters of the Missouri and the Columbia, 480 miles across. The country is opening up now, and is of great mineral importance. This road is important in a military point of view. It is the nearest and most direct route connecting the waters of those 2 great rivers, the Missouri and the Columbia. Pend Oreille lake, which forms a portion of the line of communication by this route, has a naviation of 65 miles. This route is regal" ed byall military men in that country as of the greatest importance, and it is intended particularly to open up the commerce of that vast region. It is substantially such a bill as was passed last can opening up a road from Virginia City to ew1ston.
Mr. FESSENDEN. Is there any written report accompanying the bill?
be PRESIDENT protemporc. The Chair is advised that there is not.
Mr. FESSENDEN. I hope, then, it will be postponed until we can have a regular report on it. Has there been any survey of the route?
Mr. NESMITH. There has been no survey of it by the Government for a wagon road.
Mr. FESSENDEN. Then the case is this: we have a general bill presented $100,000 for the purpose of hunatpipnrgopuripatianng discovering a route in the 1st place; With no estimate of what it will cost; no knowledge on the subject; no report as to the facts. I object entirely to this mode of legislation, and I wish to warn the Senate against it. We ought to proceed more understandingly with reference to these things. This idea of making a loose appropriation to satisfy everybody that asks for one, upon a mere statement of some member of a committee as to the facts, without any estimates and without any survey, is, to my mind, very unwise and very dangerous. I do not know but that I might be in favor of an appropriation for this purpose if we had the proper information. I cannot tell what I should do on that point until I know something nbout the facts; but, sir, we have got into a habit, which is a very recent one here, of recommending these things looselyl They are brought in by a committee, with no report on the subject, no preliminary information, appropriating large sums of money to begin a thing, when we do not know what it is to cost in the end, and we act upon it because some member of the committee says that, on the whole, he thinks it is best. It is a very loose mode of legislation, and I object to it. 7 I think the bill ought to lie over until the subject has been properly reported non-by a committee.
Mr. NESMITH. It is not always convenient for us, livi upon the Pacific coast, so very remote from tie seat of Government and particularly does this apply to the country where 1 the road is to get estimates from the dept for such works. The Senfrom h 9 controverts the proposition which I made in i regard to the amount of money that has been i expended in that country, and in regard to his opposition to appropriations forit. I desire to i say, for the information of the Senator, that I i think $40,000, or at most $60,000, is all that has ever been appropriated for the development of that region of country to which this ! bill refers. In relation to his opposition to’ these appropriations, I will only.'say that the i 1st measure I ever introduced into Congress for the benefit of that region of country was a small appropriation to enable the Indian dept to extinguish the Indian title to the i 'ez Perces country. That was fought here for, 2 days with great opposition by the Senator, from Maine. The next was an appropriation of the small amount of $45,000 for the improvement of the Columbia river, and that met the same opposition. The next was a propo sitipn to establish a mint in Oregon. the history of that question is pretty well known, and the Senate remembers the pertinacity with which the Senfrom Maine, the chairman of the ComFinance, opposed that bill. There appears to be a continual effort on his part to throw some obstacle in the way of the passage of all my measures for the interest of that country. I do not blame him particularly. He regards it as his duty as chairman of the ComFinance to guard and protect the Treasury. I have no particular objection to that; but I think it is a little in v'idious when that opposition is made to every measure coming from that particular country, and does not apply to measures coming from other sections.
Mr. GRIMES. I must be permitted to say that I think the remarks of the Senfrom Oregon in relation to the Senfrom Maine are not justified by anything that has occurred since I have been a member of this body. I am not aware that that Senator has ever interfered with the interests of the people of Oregon or any of the States on the Pacific coast innny respect; no more so, at any rate, than I believe he was not onlyjustified but required to interfere. Now, sir, look at this case. The Senfrom Oregon undertakes to create an impression that there has been an attempt to do some injustice to the Sate of Oregon or to Washington Territory. Why, sir, I should expect the Senfrom Maine, or somebody else to interpose an objection if I were attempting to passthrongh a ill under such circumstances as these. What is this? A military road? No. How came it before the ComMilAffrs?.Who sent it there? What ht had the ComMilAffrs to me jurisdiction of it? Has it been recommended by the SecyWar? Not at all.
Mr. GRIMES. The Senate sent it there, I suppose at the instance of the Senfrom Oregon. Who knows anything about this matter. but the Senfrom Oregon? Are we, the representatives of the people, me’n appointe and sworn to protect the Treasury of the country, to be assailed as being derelict in our duty and as attempting to injure the interests of any State or section?
Mr. NESMITH. With the permission of the Senfrom IowaI will sa that I have assailed no person; I merely allude to the circumstance that the Senfrom Maine always opposed these appropriation). I did not assail any ody, not even the Senfrom Maine. I said be supposed it to be his duty to protect the Treasury. I did not make any complaint of him or assail him; and I think the Senfrom Iowa Ought not to use the word “assail” in that connection. i
The PRESIDENT protempore. The morning hour having expired, it becomes the duty of the Chair to call up the unfinished business of yesterday. NIAGARA SHIP CANAL. The Senate, as in ComWhole, resumed the consideration of the bill (H.R.No. 344) to incorporate the Niagara Ship Canal Company.
Mr. CONNESS. We have been a great many days upon this bill, and I do not see but that it is going to occupy the whole time of the Senate during the remainder of the session in discussion. It we can come to a vote upon it, I shall be lad for one, because I am waiting patiently 'or a chance to get some business done. I do not know how many days this bill has occupied. I shall vote for its postponement unless we can get a vote upon it. That is all I mean to say about it.
The PRESIDENT protempore. The pending question is on the motion of the Senfrom NewYork, [Mr. MORGAN] that this bill be postponed until the 2nd Tuesday in De cember next.
Mr. HOWE. Will the Senator allow me to remark that the bill as it stands proposes to consult NewYork?
Mr. HARRIS. I am aware of that; but I am also aware of the fact. that an effort will be made by the Gentfrom Wisconsin, who has charge of the measure, to strike that out before it is put upon its passage.
Mr. HOWE. The Senator will allow me to say that he cannot be aware of any such thing. I made no such effort, and propose none.
Mr. HARRIS. Certainly the purpose was avowed by some one yesterday.
The PRESIDENT protempore. Is the senate ready for the question on the motion of the Senfrom NewYork [Mr. MORGAN] to post pone the further consideration of this bill until the 2nd Tuesday in December next?
Mr. HOWE. On that question I ask for the yeas&nays. The yeas&nays were ordered.
Mr. TRUMBULL. Amilliontonsof produce more than it has ever taken before. Tiiat may be true, if you could use it to its utmost capa city all the time; but how often is it blocked up, so that there is delay? Again, let me say to the Senfrom NewYork that the great amount of commerce that is to pass from the West to the East and from the East to the West does not want to be deendent upon the Erie canal and the rates 0 tell that may be established upon it.
Mr. GRIMES. Will the Senator allow me to ask him how produce is going to get out of Lake Ontario when it ets through this Niag ara ship canal, except y the NewYork Cen tral railioad?
Mr. HARRIS. They propose to take it down thron h the StLawrence.
Mr. HO'E. I did not mean to say an thing more in the progress of this debate. Ionly rise nowto correct the figures submitted to the Senatejust now by the Senfrom NewYork. He states the expenditures by the State of NewYork for the construction of her canals not in the construction of the Erie canal, but of all her canals at about 160 million dollars, of which he so 5 only about 90 millions have been refun ed, leaving a debt on the State of about 7 t millions.
Mr. HARRIS. No, sir; I state that the expenditures upon the canals were $166,000,000; that about 90 millions had been received back from tolls; that the other 75 or 76 millions had been provided for otherwise, of which, however, there is a debt of only 33 millions on the State. The rest has been paid by the State from other sources.
Mr. HENDRICKS. Mr. President, there are several reasons why I shall vote for the postponement of the consideration of this bill until the next session of Congress. In the 1st place, if it be necessary to pass the bill at all, the work need not be seriously delayed by its passage at the next session. It is not robable that the work will be commenced during this summer; and if the bill shall pass at an early day during the next session, the company equld be organized and the organization could be so completed so that the work could commence in the spring. Therefore I think that the work itself, if ever so desirable, is not delayed seriously by the postponement of the consideration of the bill. But, sir, I am not willing to vote for abill creating a corporation, with great powers and large capital, to exercise its powers in the State of NewYork against the will of that State, without a very full consideration of the measure a consideration which, I think, during the hot days of the summer we ought not to be called upon to give. The State of NewYork with great force says to us that she has invested very many millions of dollars in the construction of a canal, one of the greatest works of the world, which accommodates to a very large extent the commerce of the western States. She has made this investment, and we ought to consider very carefully, as a matter of justice and right to that State, before we establish a competing line or channel of commerce under the charge of a corporation created by an act of Congress. The Senfrom Illinois has said that Congress has already appropriated money to a work ofinte'rnal improvement to be used by a corporation. I ask that Senator if Congress incorporated the company that had charge of the work for the construction of the canal at the falls of the Ohio. I do not so understand. Congress made an appropriation to that work; but I do not rec o lect that Congress incorporated a company to improve the falls of the Ohio.
Mr. TRUMBULL. I stated distinctly that it did not; and I asked the question, if the congress of the U.S. had a right to become a stockholder in a corporation created by a State to make a national improvement, had it not a right to create the corporation itself?
Mr. HENDRICKS. I will not discuss the' question that the Sehator presents; but in the case to which he refers the State of Kentucky was very anxious for that improvement; the State of Indiana, that occupied the opposite bank of the Ohio, was ver anxious for that improvement: the State of Kentucky expressed that desire by incorporating the company. so that the expenditure of the money b the general Government was not only with the consent 'States. but at the mest earnest desire of the 2 States interested in the work. Now, we have the case of a great State, having invested a very large sum of money in the construction of a mag nificent work to aid the commerce of the western States, objecting to the immediate passage of this bill.
Mr. TRUMBULL. If the Senator has read the bill, be will see that it contains a provision I am opposed to the provision, but it is in the bill as it stands that the work is not to be done without the consent of the State of NewYork.
Mr. TRUMBULL. I presume that the Senfrom' Indiana, with his usual fairness, for I think he means to state the position of senators fairly, would not intentionally misrepresent any action which I have taken in this body. Sir, I opposed with all the power I was capable of, not a tax on whisky, but any such tax as 2 dollars a gallon on whisky. I never voted for it. I voted against It and talked against it and I believe today that it is a most injurious tax, not only to the corn power, but to tho‘revenue of this country. think that taxing the article of commerce 1,000%., or 1600%, as the Senfrom Indiana has it, is injurious in every aspect of the case. We have got no such revenue from whisky as we should have ot with a reasonable tax upon it. We ncede a revenue; Iwas willing that my constituents, with others, should submit to the payment of a revenue; but I never consente, so far as I was concerned, to the imposition of any such uneqpal and unjust tax, as I believe that to be. which is imposed by the law as it has existed for the last ear upon whisky.
Mr. HENDRICKS. I do notintend to pro' long the discussion upon a question that is not directly relevant to the bill before the Senate; but it is proper that I should very briefly reply to the Senfrom Illinois. He states the proposition that the relations between these States cannot be restored while I and others who think as I do are.in favor of placing the southern States under the control of rebels, and giving rebels a representation in Congress. Sir, I think that Congress has no control over the selection of the officers of the different States. As an Indianian, I am not willing to give up to the Federal Government, andI think as an Illinois man the Senator would hardly ask that Illinois should give up to the Federal Government the control of the officers of the State, or that the Federal Government should in an way control their selection. It may serve the Senator’s purpose upon the hustings, but it will hardly serve his purpose here to say that I, or any who agree with me in opinion, are now advocating the admission to seats in this body or in the HoRep of persons who were directly connected with the rebellion. The Senator knows very well that there now stands upon the statute book of the country, there now stands upon the rules of the Senate, a provision requiring every person who claims a seat by the Senate to take a most solemn oath. I will read that oath that this question mav be settled, Mr. TIlUhIBULL. Will the Senator allow me to ask him if he is in favor of that oath and that rule?
Mr. HENDRICKS. My views upon that subject will be expressed by my motions and by my votes. I have not asked to repeal that law. I have not the power, nor have those who agree with me in the Senate the power to repeal it. Does the Senator consent to its repeal?.
Mr. TRUMBULL. Certainly not; but I apprehend the Senator will not help me to keep it in force.
Mr. JOHNson. I dare say that the Senfrom Illinois has a high admiration for the course that
Mr. HENDRICKS. I supposed that I had expressed myself so clearly upon that question that the clear intellect of the Senfrom Illinois could not misunderstand it. I said that I was in favor of admitting anyone who came here from competent authority who could truthfully take this oath.
Mr. TRUMBULL. And did not the senator fnrther say that Congress had no right to determine what was cometent authority?
Mr. TRUMBULL. I understood the senator to say that Congress had no right to deter mine a on that question.
Mr. HENDRICKS. No, sir; Isaid like it. nothing I do not question the competency o the Senate to decide upon the elections of its members.
Mr. TRUMBULL. Does the Senator question the authority of Congress to decide whether a State has a Legislature loyal to the Union and with authority to be represented? That is the question.
Mr. ENDRICKS. That is not the question that the Senator suggested. I said that I was in favor of admittin to this floor any man who could take this oatg truly who came authorized by co petent authority. The Senate, under the Co stitution of the U.S., may decide whether he comes from competent authority. That is my answer.
Mr. TRUMBULL. Then do I understand the Senator and I want to keep him to the point; I am not talking about the Senate’s authority to decide upon the elections, qualifications and returns of its own members I want to know of that Senator if he denies the authority of the sovereign power of this nation, the Congress of the'U.S., not the Senate, but the congress of the U.S., to determine whether the body claiming to be cometent to elect Senators is the legislative authority of a State or not.
Mr. HENDRICKS. That is not the question which I discussed, and to which the Senator is replying; but I will say this, that the constitution of the U.S. having conferred upon the Senate the exclusive power of judging of the elections, returns, and qualifications of its own members, it is not for Congress to decide anyone of those questions, but for the Senate exclusivel.
Mr. TRUMBUHL. That is reasoning around a circle. The Senator repeats over the Constitution, which says the Senate of the U.S. has authority to determine upon the elections, returns, and qualifications of its members. We all know that. That is not the question I put. I have not been able to get a satisfactory answer from the Senfrom Indiana as to whether he denies the power of congress to determine whether a State is in rebellion against this Union or not. Sir, I hold that the power is in Congress, to declare war; that the power is in Congress to provide for raising armies, to at down insurrection and rebellion, and now iere else but in Congress; and that it is for Congress to determine whether the body of men assembled in Columbia, SCarolina, and undertaking to make war against the U.S., is a competent authority to elect Senators or do any other act whatever. I hold that it is competent under a law of Congress, and not by any action of the Senate, to send our armies to disperse any such hostile bod, called a Legislature, in SCarolina, In iana, Illinois, or anywhere else. If a body of men assemble in Sprin field, in my State, claiming to be the Legisature of that State, and proceed to organize troops, to set at defiance the authority of the Government of the U.S., swear its members to disregard the Constitution of the U.S., trample upon the flag of the U.S., despise its laws and its officers, repudiate both, I say it is for conress, not only to prevent such a body sending Senators here, but, if necessary, to shoot them upon the battle field or hang them upon the allows for their treason. Does the Senator en the power of Congress to do all this? I:
Mr. TRUMBULL. I understood what the Senfrom Indiana was arguing. It is no uncommon thing for advocates at the bar to avoid an issue and attemptto getu another one. He commenced this discussion y saying that the southern States were not represented here and insisting they were kept out of representation; and now he wants to go off into a discussion of the right of the Senate to determine upon the elections, qualifications, and returns of its own members. We shall have no difficulty about that point when there is anybod authorized to elect members; he and I will oth agree. When you find some constituency competent to elect members the senate will determine whether the persons they send here possess the requisitequalifications and were uly elected; and we s iall have no d'ifliculty about the qualifications, elections, and returns of the persons. But, sir, Ideny that that clause of the Constitution has any application to the admission of Senators here from the Canadian Provinces, from the empire of Mexico or the empire of Japan. When congress has declared the empire of Mexico a.State of this Union, and recognized it as one of the States entitled to representation, then it will be for the Senate to pass upon the elections, qualifications, and returns of persons sent here from that Mexican State; but it is not for the Senate to decide whether the empire of Mexico is entitled to representation or not. I do not choose to follow the Senfrom Indiana off after any i'gm'sfatuus light that he may set up, to hang out false colors and raise false issues to the count. There is no issue between the Senator an myselfas to the authority of the Senate to pass upon the elections, qualifications, and returns of its members, and never has been. It lies behind it, and it is thereI wish to bring the Senfrom Indiana, and there he is not willing to go.
Mr. HENDRICKS. If the Senator will allow me, upon his last illustration, as that is purely original in the present debate, though heard it suggested some time ago in the course of another debate I do not question that it is for the Congress of the U.S. to admit States, and until States have their relations to the Federal Government, either by the original formation of the Government or by an act of Congress, no distant community would have any r1 ht of representation in this body; but when the relation of a State has been fixed by the original formation of the Government which admitted into the Union the 13 States, or by the acts of Congress admitting all the States that have come in since, when the relation of the State is fixed and it is in the Union, is it not for the Senate exclusively to decide upon the elections and qualifications of its members? Can the HoRep participate in the decision of the question whet ier a Legislature is properly constituted to elect a Senator, or whether that Legislature being so constituted proceeds with sufficient regularity to electa Senator? Is not that question exclusively with the Senate?
Mr. TRUMBULL. The Senator says that when the relation of a State has been fixed as a State in the Union, then the question is exclusively for the Senate to determine.
Mr. NYE. If the Senfrom Illinois will allow me to interrupt him for a moment, I insist upon it that it is hardly fair for him to push the Senfrom Indiana an further at this time before he has ot settle in his new political associations. [ aughter.]
The PRESIDING OFFICER, (Mr. Ponnnov in the chair.) The question is on the motion of the Senfrom NewYork [Mr. MORGAN] to postpone the further consideration of the bill until the 2nd Tuesday in December next, upon which motion the yeas and noys have been ordered.
Mr. RIDDLE. I wish to state that I have paired 01?on this bill with the Senfrom Illinois, who is absent, [Mr. Yarns] If I were at liberty to do so I should vote for the postponement and against the bill. The question being taken by yeas&nays, resulte yeas 24, nays 18; 12. So the motion was agreed to. RELIEF OF PORTLAND SUFFERERS.
Mr. FESSENDEN. I ask the permission of the Senate to allow me to offer a JtResolution, which it is neeessa to pass immediately for the purpose of sendingit to the HoRep, with reference to the sufferers by the late fire in the city of ortland. I think it will occasion no debate. f it does I wil“ withdraw it. I send it to the desk to be rea. By unanimous consent leave was granted to introduce a JtResolution (S.No.131) for the temporary relief of the sufferers by the late fire in Portland, in the State of Maine; and it was read twice, and considered as in ComWhole. It proposes to authorize the ComrIntRev to suspend the collection of such taxes as may have been assessed or as may have accrued prior to July 5, 1866, in the 1st collection district in the State of Maine against any person residing, doing business, or owning (property in that portion of the city of Portlan recently destroyed by fire; but this suspension is not to continue after the close of the next session of Congress.
Mr. FESSENDEN. I will say one word in explanation of the resolution. It is a mere authority to suspend the collection of taxes; and the great reason for it is that'by the law If they are not paid in a certain time an addition of 10% is made; and it is utterly C impossible for a great many of these persons to pay at present.
Mr. JO INSON. Is there any time limited for the suspension? I
Mr. FESSEXDEN. It is limited so that it shall not be in force beyond the next session of Congress, so that Congress may then legislate further on the subject if necessary. The JtResolution was reported to the senate without amendment.
Mr. SHERMAN. An objection occurs to me from the reading of the resolution that it might extend to persons who did not suffer at all" by the fire. t applies to all persons living in the burnt district, but many persons may have lived in that district who have not actually suffered, by reason of insurance.,
Mr. FESSENDEN. It says distinctly “ residing, or doin business, or owning property” in the burnt district. It was drawn y the Commissioner himself, and merely confers upon him the authority of suspending the collection of the tax.
Mr. SHERMAN. I have no objection to the object.
Mr. FESSENDEN. The Commissioner stated to me that he should send to the collector to inform him of the cases where it would be advisable and necessary to make the suspension. The resolution does not compel him to suspend the collection. Let it be read again, and Senators will see that it is guarded.
Mr. JOHNson. Is the day named the day of the fire?
Mr. FESSENDEN. Yes'. sir. I think it should read “ rior to the 4th;” but “prior to the 5th” will do as well.
Mr. JOHNson. I ask the honorable member if some taxes have not accrued since the 5th.
Mr. FESSENDEN. The fire was extinguished on the 5th 5 it was only 2 days.
Mr. JOHNson. Have any taxes accrued since?
Mr. JOHNson. If they have, this ought to extend to them. a
Mr. FESSENDEN. The language of the resolution is, “ such taxes as may have been assessed or as may have accrued.” The res olution is carefully drawn.
Mr. SHERMAN. I do not wish to oppose the resolution; but I rise to suggest to the Senfrom Maine that he will see himself that there might be very many cases where persons owning property in the burnt district have not been injured by the fire, even, perhaps, where they resided in the burnt district, and to whom this relief ought not to be granted. I suggest that there ought to be a discretion
Mr. SHERMAN. I know butI would say, “in such cases where the evidence satisfies him that the parties have lost and are sufferers by the fire.”
Mr. FESSENDEN. I am perfectly willing that the Senator shall put on any proviso that he leases. l
Mr. SHERMAN. This proceeding is rather unusual.
Mr. FESSENDEN. The resolution was drawn by the Commissioner; there are only 2 or 3 words inserted by me, such as “owning property.” I wish to have it guarded properly. It
Mr. SHERMAN. I do not wish to set a bad enample.
Mr. SHERMAN. I move‘to amend the res olution by inserting after the word “fire, ” in the 16th line, the words, “and who in the opinion of said Commissioner has suffered may terial loss by such fire.”
Skip Skip The amendment was agreed to. The Jtresolution was ordered to be engrosse for a 3rd reading, was read the 3rd time, and passed. INTERNAL TAXATION.
Mr. VANWINKLE submitted the following resolution; which was referred to the ComPrintg: Resolved.That there be printed for the useof the Seua te. 5,000 copiesof the internal tax laws now in force.sothat the several provisionsin relation to the same subject shall beinserted HI connection. togetherwith a suitable indextothesame, the whole to becompiled and preparedfor printing under the direction of the ComrIntRev.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. McPunnsox, its Clerk, announced that the House had passed a bill (H.R.No. 779) to incorporate the National Soldiers' and Sailors’ Orphan Home, in which it requested the concurrence of the Senate. The bill was read twice by its title and referred to the ComDistCol. NORTHERN PACIFIC RAILROAD.
Mr. WILLIAMS. I move that the Senate proceed to the consideration of the bill (S.No.887) to secure the speedy' construction of the Northern Pacific railroad and telegraph line and to secure to the Government the use of the same for postal, military, and other puriposes. I
Mr. SHERMAN. I call for the yeas&nays on the motion to take up this bill. It is a bill guarantying the payment of interest on the stock of the Nort 1cm Pacific Railroad Company. It is a bill involving millions upon millions of dollars. It is evident that we ought not to take up the few hours left of this session in discussing and considering so grave a measure. The committee, as a matter of course, were divided upon it. The bill proposes to guaranty for 20 years the interest on about 100 millions 'of the Northern Pacific railroad stock. It is a bill of magnitude, and therefore it is hardly worth while to begin to discuss it at this period of the session.
Mr. ANTHO Y. If the Senfrom Ohio will yield me the floor, I will make a motion that will perhaps meet his views; and that is that the Senate proceed to the consideration of executive business.
Mr. SHERMAN. I think we had better have the sense of the Senate tested on taking up this bill; otherwise the motion will be made again tomorrow. I wish to test the matter now. I ask for the yeas&nays. The was&nays were ordered. Mr HOWARD. I hope this bill will be taken up. The ComPacRailroad had the matter under consideration, and after the most thorough consideration they were “able to give it, they felt it their duty to recommend its passage to the Senate. It has under gone a very thorough and careful investigation on their part. There is no doubt about the importance of the measure, as the Senfrom Ohio has said; but I do not see why a bill so important as this confessedly is should be given the go by in this way. I will not now go into the merits of the measure, because it would be out of order. I hope the Senate will at least pay respect enough to this bill, important as it is, to take it up or consideration. The Senfrom Ohio will find before he gets through the discussion of it, if he shall participate in the discussion, that it is as worthy oft e consideration of this bed as an bill we are likely to consider between this an the adjournment of the Senate. I hope the bill will be taken up.
Mr. SHERMAN. I have but a word to say in reply. This bill will undoubtedly excite a good deal of discussion. That it merits discussion is shown by the fact that it involves so large a sum of money, and that it proposes to aid in the construction of a road to rival one which the Government is actually engaged in building. It is a great and important project, which ought not to be pressed at this period of the session, and I am rather surprised that it is called up. If it was merely called up to enable the Senator to express his views upon it, I should have no objection; but the idea of passing the bill or engaging in its discussion with a view to its'passage at this period of the session I think ought not to be entertained The bill is now upon our tables; it will come up as unfinished business at the next session, and it can then he considered. The only effect of taking up the bill now will be to consume a considerable portIon of time which might well be bestowed upon other business not likely to excite much opposition. It is simply a waste of time to takeyp the bill at this period of the session, in myjudement. The question being taken by ycas&nays, resulte yeas 20, nays 19; 10. So the motion was agreed to.
Mr. ANTHONY. If the Senfrom Oregon [Mr. WILLIAMS does not wish to address the Senate this evening, I move that we proceed to the consideration of executive business.
Several Senators. Oh, no. Why go into executive session now?
Mr. ANTHONY. There are a great many executive messages that ought to be referre, and it is necessary for the exedition of business that it Should be dqne from day to day unless we are to be detained here after the adjournment of Congress. The motion was agreed to ayes 13, noes not counted, After some time spent in executive session the doors were reopened, and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. Fawn, July 13, 1866. The House met at 12 o'clock In. Prayer by the Chaplain, Rev. C. B. Bonrrou. On motion of Mr. KUYKENDALL, and by unanimous consent, the readin of the Journal of yesterday was dispensed wi. LEAVE OF ABSENCE. On motion of Mr. LOAN indefinite leave of absence was granted to his colleague, Mr. KELSO, after today. A. T. SPENCER. AND OURDON S. HUBBARD.
Mr. KUYKENDALL, by unanimous consent, from the ComPostOffice, reported back Senate bill No. 114, for the relief 0 A. T. Spencer and Garden S. Hubbard, with the recommendation that it do pass.
Mr. BOUTWELL. I should like to know the reason why this bill should be passed. The bill authorizes and instructs the PostMGenl to audit and adjust the account of A. T. Spencer and Gurdon S. Hubbard, for carrying the U.S. ma'l from Chicago, Illinois, to Mackinac, Sault Ste. Marie, Mar uette, Co perHarbor, Eagle Harbor, Eagle iver, an Ontonagon, Michigan; LaPomt and Superior, Wisconsin, duing the years from 1854 to 1859 inclusive, and a low therefor such ‘ amount as to him shall appear just and equi table, not exceeding the amount allowed for the same service “to the party who afterward performed the same under contract; and the sum by him so found due shall be paid out of the Treasury of the U.S. out of any of the money therein not otherwise appropriated.
Mr. KUYKENDALL. It will be secn that the labor for which compensation is provided was performed from the year 1854 to 1859. The whole matter has been carefully investigated, and has not only been approved by the PostMGenl. but has been reported fIafvorably 6 times by committees of Congress. the bill passesnow it will be the 3rd time that the bi fhas passed this House.
Mr. BOUTWELL. What is the amount proposed to be paid?
Mr. KUYKENDALL. The PostMGenl is not to allow more than was authorized to be' aid under the contract. It passed the comInIttees of both Houses unanimously. The bill was ordered to a 3rd reading; and it was accordingly read the 3rd time and passed.
Mr. KUYKENDALL mtRtv the bill was passed; and also moved that the motion to.reconsider be laid upon the table. agreed to. PENSION BILLS. On motion of the SPEAKER, and by unanimous consent, the House took from the Speak er’stable and concurred in the amendments of the Senate, which were merely verbal in their nature, to bills of the following titles: An act (H.R.No. 702) granting a pension to Mrs. Charlotte E. Reed; An act (H.R.No. 739) for the relief of Samantha tader; An act (H.R.No. 741) granting a pension to Jonathan W. Beach; and An act (H.R.No. 742) for the relief of the mine r children of Salvador Accardi, deceased. St.AlBANS BANK.
Mr. WOODBRIDGE, by unanimous consent, introduced a bill for the relief of the St.Albans Bank, of St.Albans, Vermont; which was read a 1st and 2nd time and referred to the ComBanking&Currency. DAVID WYMAN.
Mr. ANDERSON, by unanimous consent, introduced a bill for the relief of David Wy man; which was read a 1st and 2nd time and referred to the comPostOffice. somnnus’ AND SAILORS’ onrnass noun.
Mr. MERCUR, from the ComDistCol, reported a bill to in corporate the National Soldiers' and Sailors’ Or bans Home; which was read a 1st and 2nd time, orderengross and read a 3rd time, and being engrossed, it was accord ingly read the 3rd time and passed.
Mr. MERCUR mtRtv the bill was passed; upon the table. agreed to. ENROLLED BILLS SIGNED.
Mr. TROWBRIDGE, from the ComEnrollBill, reported that the committee had examined and found truly enrolled bills of the following titles; when the Speaker signed the same: An act (H.R.No. 456) to extend the benefits of section 4 of an not making appropriations for the support of the Arm for the year ending June 30, 1866, approved arch 8, 1865; An not (H.R.No. 726) to extend to certain persons the privilege of admission, in certain cases, to the U.S. Government asy lums for the insane; An act (H.R.No. 611) to provido for making the town of whitehall, NewYork, a port of delivery; and An act (H.R.No. 513) to reduce internal taxation and to amend an act entitled “An act to provide internalrevenue to support the government, to pay interest on the public debt, and for other purposes, " approved June 80, 1864, and acts amendatory thereof. ORDER OF BUSINESS.
Mr. STEVENS. I hope the House will agree to take up the misce laneous appropriation bill for action.
The Speaker. The House is under the operation of the previous question in the contested election case in the 21st district of Pennsylvania, and the Gentfrom Pennsylvania asks. unanimous consent to 0 into ComWhole and consider 1. e special order, the miscellaneous appropriation bill.
Mr. WASHBURNE, of Illinois. I hope the gentleman will withdraw his objection, and let.Affairs. the miscellaneous appropriation bill be taken up.
Mr. SPALDING. I have been waiting 3: days to get rip a privileged question.
Mr. W AS B RNE, of Illinois. I know the gentleman will hear me. His matter is one of privilege and can be taken up at any time, and It is certainly very important for us, if we want to get home at all, to act on the miscellaneous approriation bill in order to get it to the senate. We ought to get through it today. I do not think it will take a great while.
The Speaker. Does the Gentfrom Wisconsin Mr. Pants] make objection?
Mr. PAI E. I will not insist upon it if the Gentfrom Ohio [Mr. Srmmo] with awe his objection. MISCELLANEOUS APPROPRIATION BILL.
Mr. STEVENS. I move that the rules be suspended and that the House resolve itself into the ComWhole on the state of the Union on the special order. The motion was agreed to. So the rules were suspended; and the House accordingly resolved itself into the ComWhole on the state of the Union, (Mr. RAYMOND in the chair,) and proceeded to the consideration of the special order, being bill of the House No. 737, making appropriations for sundry civil expenses of the government for the year ending une 80, 1867, and for other purposes. On motion of Mr. STEVENS, the 1st reading of the bill was dispensed with, and it was read by sections for amendment. The Clerk proceeded with the reading of the bill by sections. The following paragraph having been read: To establish national cemeteries and to purchase sitesfor the same.at.such pomts as the POTUS may deem proper, and for the care of the same, 800,000.
Mr. WASHBURNE, of Illinois, said: I wish to make a suggestion in regard to this proposition. A bill is now before the ComMilAffrs, and I understand it is read to be reported a verlydproper one it is, too, should say, because rew it myself, [laughter] providing for the establishment of national cemeteries, fencing them, and the erection of monuments in them in the manner pre scribed by the bill. If that bill passes and I hope and believe it will it will be in contra vention of what is proposed here, and will require a much larger appropriation than is made here. Now, my suggestion to the chair man of the committee is, that we should strike out this provision with a view of lettin the whole subject go to the Committee on military hat bill, which I trust will meet with no opposition and certainly it will not meet with the 0 position of any man who believes that the 'overnment should honor the ashes of the dead who have fallen in the defense of the country proposes that all those cemeteries where the remains of the soldiers are buried shall be fenced with iron, and provides for the manner in which monuments shall be erected. It also provides for porters’ lodges and for the proper care of the ounds. I presume there will he no objection whatever. It will require a larger sum than is provided here, and as that would produce a sort of conflict, I hope the chairman of the committee will consent to strike out this appropriation.
Mr. BINGHAM. Allow me to make an inquiry. I wish to know whether the bill to which the gentleman refers, which is now before the ComMilAffrs, if it does not become alaw iu the form in which it was presented by the gentleman W111 not place this matter at the discretion of the Government as to the sites of these cemeteries.
Mr. WASHBURN E, of Illinois. The sites are already fixed; they are the places where the soldiers are buried.
Mr. BINGHAM. Then it leaves the matter at the discretion of the SecyWar.
Mr. STEVENS. I move to strike out the clause.
Mr. BINGHAM. I hope that will not be done. This revision can do no harm. think myself I; at the ComAppropriat have done well in reporting this appropriation, because the Gentfrom I] ine is must see that if the House fails to pass the bill which he introduced this appropriation will be in aid of the general object.
Mr. WASHBURNE, of Illinois. I merely made the su gestion. If the bill to which I have referredgcan be carried, this clause should be stricken out. If not, it ought to be retained.
Mr. STEVENS. In that view of the case I withdraw m amendment.
Mr. LAF IN. I move to strike out the following clause: For the purpose of printing and publishing the flrst volumesof the Medical and Surgical History of the Rebellion. under the direction 0‘ the Surgeon general. $60,000. And to insert in lieu thereof the following: For the preparation for publication of the Medical and Surgical History of the Rebellion, $21000. According to the terms of the bill, as reported by the ComAppropriat, the Med ' ical and Surgical Histor of the Rebellion is not only to be prepared, at to be printed and ublished under the direction of the Surgeon general. The House will bear in mind that we already have a law which compels the publication of all such works at the Government Printing Ofice; and even if the House had already determined that it would assume the expenditure for the publication of this work, which it is universal conceded will amount to half a million dolvlar, I certainly cannot think that the committee would place the control of the publication of the work in the hands of the Surgeon General alone. The amendment which I have offered allows the Surgeon General to continue the prearation for publication of the work which e is doing now, but it leaves it in the power of Congress to say who shall print an publish the work when completed. think the chair man of the ComAppropriat will see the propriety of continuing the control of this question in the hands of Congress, and that t ie work shall be published, in accordance with the laws of Congress, at the Government Printing office.
Mr. FARNSWORTH. I would say to the Gentfrom NewYork that it requires no appropriation by Congress for the preparation of this report.
Mr. STEVENS. If the ComWhole determines to strike out this paragraph, Iho e they will not insert what is proposed, for that would simply be giving a fee to officers whose dutyit is to 0 this work without any fee. There is nothing proposed in this bill to pay the Surgeon General and his officials for their action in regard to this work. The whole that this proposition is for is the publication of this work. It is to be published, to be sure, under the direction of the Sur conGeneral. I do not mean to be understood by that that it is not to be published at the Government Printing Office; but the Surgeon General is to supervise the printing. If any gentleman chooses to move an amendment to that effect, I shall have no objection to it.
Mr. WILSON, of Iowa. I would suggest that the paragraph , as reported by the commit tee, be amende by inserting after the word “publishing” the words “at the Government PriMntrin.grOtfice."
Mr. STEVENS. If the gentlemauwill move that amendment I will have no objection.
Mr. WILSON, of Iowa. I move the amendment I have indicated. The amendment of Mr. Wrnsou, of Iowa, was agreed to. The question recurred upon the amendment of Mr. arms.
Mr. LAFLIN. Mr. Chairman, I have list ened to the remarks of the distinguished chair man of the ComApproriations with a great deal of pleasure; for so ar as he pays a compliment to the character of this work, he speaks my own views. No man can hold in higher estimation the utility of this work to the public and to the cause of science than I do. This is the unanimofis Opinion of all the members of the JtComPrintg, both onv partof the Senate and the House. We have examined this work; and as I said before, it is to our utter surprise that, after we have been invited to an examination of this work, and when we have in our possession a letter from the Surgeon General consenting to an appropriation of a certain sum of money simply for continuing the preparation of this wor for publication, we find introduced here an appropriation of $60,000, which, though it may not be regarded in itself as an extrava gant expenditure, may be the entering wedge to a system which may result in a.vast outlay of money. Under the terms of this appropriation the Surgeon General will have authority to contract with any person whom he may select for the publication of this entire work; and when the contract is made the Government will be bound thereby. I wish the House to understand distinctly that it is not the intention of my amendment to prevent the future publication of this work; but the object is to postpone the publication until the work shall be more thoroughly completed, with the view to disseminating this very valuable scientific information at a less expense than would be incurred by proceeding with the publication at once. I would like to inquire of the chairman of the ComAppropriat when it was that the committee 1st received from the Surgeon General a suggestion for the incorporation of this provision in the bill.
Mr. STEVENS. I do not remember the exact time. The recommendation for this appropriation has been before the committee for some months since early in the session, I think.
Mr. LAFLIN. I undbrstood so. I have been informed that the Surgeon General addressed a letter to the chairman of the committee as early as the middle of last January. Yet it is only 3 or 4 weeks since, by special invitation, the members on the part of the Senate and the House of the JtcomPrinting examined this work, and when we saw its condition we were satisfied that considerable additional progress on hr. to be made before commencing the pubication of the work. A suggestion was made by the Surgeon General that we should introduce into our respective Houses a resolution calling for an appropriation of a certain sum of money and authorizing him to continue the preparation of the work for publication, leaving for the future determination of Congress how it should be ublished, whether at the Government Printing dice or bysomeprivate publication house. He told me himself at the time that, in his judgment, 'it would not cost over about 10,000 dollars to continue the preparation of this work; but when he came to draw a resolution he asked for a larger sum; and the sum has been fixed at $20,000. If members are ready, in the face of these facts, and simply because the proposition is contained in an appropriation bill. to put the control of this work in the hands of the Surgeon General, and allow him to expend halfa million dollars among such people as he may elect, they will of course do so. But if, on the contrary, they wish that this work shall be done with proper guards, they will ado t the amendment which I have proposed.
Mr. BINGHAM. I desire to ask the Gentfrom NewYork, [Mr. Lsri.iN] what existing law there is to authorize an appropriation of $20,000 for reparing a “medical and surgical history of the rebellion.”
Mr. LAFLIN. The same law, I suppose, which authorizes the appropriation proposed in the bill.
Mr. BINGHAM. No, sir; they are very different things. The one is an up opriation for the publication of a work prepwd by an officer in a bureau of the Government in the discharge of the duties of his office. The substitute which the gentleman proposes is that $20,000 be appropriated to pay for the prepa ration of a work. I want to know what law there is authorizing such an appropriation, and who it is that is to receive this money.
Mr. LAFLIN. Mr. Chairman, this work has been prepared under the direction of the surgeon GGneral, with the assistance of certain volunteers who have been detailed in his dept for that purpose. He has heretofore paid them for these services out of what he calls “ slush money” money made up by the sale of the debris around the camps. There was a large amount of money from this source in his possession prior to the lst of July, amountin, I think, to one or 200,000 ollars. That was the amount, if my recollection serves me.
Mr. STEVENS. Are these persons in Government employ, or persons hired outside?
Mr. LAF I. I expect they are in the employ of the Government.
Mr. STEVENS. Then why are they paid beyond their legal salary?
Mr. LAFLIN. 'I asked the question of the Surgeon General why it was necessary to get this money, and he said if they were not continued there they must be discharged, because there was no other occasion for their services. I am not able to tell anything in reference to the interior management of the Surgeon Generafs office. I am telling to the House just exactly what he told us. I believe the house now thoroughly understands this matter, and if this be voted I can only say weJiave done our duty.
Mr. CLARKE, of Ohio. the gentfrom NewYork proposes to reduce the appropriation from $60,000 to $20,000. How does he expect with an appropriation of $20,000 any printing can be done this year. In.my opinion, $60,000 is not an extravagant sum if it be intended to soon begin the process of printing. It will run through a number of years, and the item of printing is a very large one. This work is not only of great importance to the scientific world, but to every man, woman, and child in the country. It is of general importance that the work should be published. Tom in favor of the appropriation, and I am in favor of such appropriation as will permit the printing to go on as fast as possible. In myjudgment, $60,000 is not more than enough. I do not say it should be commenced now, but if it be $60,000 is not too large.
Mr. KASSON. Mr. Chairman, I have examined the letter of the Surgeon General to the committee, and I find in that letter if the action of the House is early enough in granting the appropriation, 2 volumes will be put to press this year. So, therefore, the intention of this appropriation is to proceed with the publication of the most important parts of it at once, giving the benefits of them to mankind. I ask the House whether, if they intend to ublish at any time these most valuable me ical statistics and improved a pliances for the relief of humanity at large in the world, as well as in the U.S., it is not exedient to proceed with the work at once. this not a work merely to gratify curiosity or to indulge extrav agant designs of the medical dept. It is to be for the relief of the misfortunes of mankind, especially that portion of those misfortune. which result from the perils of war. It is t ie testimony, as we have seen before the committee, of the 1st medical men in Europe as well as in this country that no existing work will have equal value in the advancement of medical science. When we see nearly all of Euro e being involved in war, when we remember t ijs work is to teach surgeons of the world some new and remarkable operationsin saving human life and the relicf‘of humanmiseries, is it not a proper question for us, if we are to nblish the week at all, why we should not pulish it at once that the world may have the benefit of it? For this reason I agree with the Gentfrom Ohio, a member of the ComPrintgpwho says if the work is to be ublished this appropriation is not too large. Iphope the appropriation will be allowed to stand as it is.
Mr. LAFLIN. I renew my point of order. I make the point that the appropriation is not authorized by law.
The CHAIRMAN. The point of order comes too late, as the paragraph has been discussed. The amendment of Mr. Witsox, of Iowa, was agreed to. The amendment of Mr. LAFLIN was rejected.
Mr. PRICE. I move to strike out the par agraph, and I will state in reason. There is not more than one man in a 100, if there be even that, to whom this work will be of any kind of’use after being published. Now, this appropriation of $60,000 is but for the commencemenhofa work which it is admitted will cost $500,000 to complete. We are not here to publish philosophical or scientific works, and protest against the expenditure of this money for a work of this kin which is of no use except to the profession. If professional men want it let them pay for it.
Mr. STEVENS. I rise to oppose the prop position by saying nothing, for it is the most extraordinary speech I ever heard to enlight ened men.
Mr. PRICE. I presume that is the only thing the gentleman could say, for there is no answer to it. This is an expenditure of the people’s money for a publication that probably not one in 100of this nation will ever see.
Mr. PRICE. The committeewillremember that I have said nothing in reference to the publication of books in general.
Mr. STEVENS. The gentleman has already spoken twice on this question. Iask him, when he concludes his remarks, to move that the committee rise for the purpose of terminating debate.
Mr. PRICE. I would be willing to accommodate the Gentfrom Pennsylvania in any way, but I think the House and this committee will hear me witness that I am not in the habit of making long speeches and not a great many short ones. The argument of the Gentfrom NewYork [Mr. CONKLING] is simply this: that because we have been in the habit of publishing here all sorts and kinds and sizes of books at an expense which has made us ridiculous in the eyes of the nation, $2,000,000 having been expended for that purpose, we must therefore expend $500,000 more on a medical work that not more than one man in 100can understand anything about when he reads it. The fact that we have done wrong in publishing boofs heretofore is no justification for continuing in that wron and expending the money of the people o0 this country when everybody knows we have not any money to expend. This is purely a scien tific work. It will be useful to and for the hen efibof one profession only, and outside of that profession it will be read but very little, and when read will be less understood.
Mr. CONKLING. I wish to know whether, when the gentleman says that this work will not be understood by one man in 100he means that' it will not be used or be useful in the case of all those who resort to medical works or scientific libraries on subjects of physiology or pathology.
Mr. PRICE. When I admit that it will be useful to all such persons, then I have proved by the gentleman that it will not be useful to one man in a 100. Is there one man in 100that resorts to medical libraries to examine scientifically these questions? Every body knows that there is not one man in 500 who desires it, and it is for that reason thatI protest arrainst this lavish, and, I may say, foolis i expenditure of the public money. Ifthe reasons given by the gentleman are good for anything, let us publish medical works and mail them broadcast over the land, and let the people understand that we are to become a nation of sur cons and physicians.
Mr. STEVENS. I move that the committee rise for the purpose of closing debate. The motion was agreed to. So the committee rose; and the Speaker havin resumed the chair, Mr. RAYMOND reported that the ComWhole on the state of the Union had had under consideration the special order, being bill of the House No. 73?, making appropriations for sundry civil expenses of the Government for the year endin June 30, 1867, and for other purposes, and ha come to no conclusion thereon.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. Fosuar, their Secretary, informed the house that the Senate insisted upon their amendments disu greed to by the ease to the bill of the House (H.R.No. 213) making appropriations for the legislative, executive, and judicial expenses of the Government for the year ending the 30th of June, 1867, disagreed to other amendments of the House to other amendments of the Senate to the said bill, and agreed to the conference asked by the House on the disagreeing votes of the tw Houses thereon, and had a pointed Messrs. essences, WILLIAMS, and Ifnsniuexs the conferees on the part of the Senate. The message further informed the House that the Senate insisted on their disagreement to the 10th amendment of the House to the bill of the Senate (S.No.848) tqquiet land titles in California, agreed to the conference asked by the House on the disagreeing votes of the 2 Houses thereon, and had appointed Messrs. Pousnor, Courses, and Seamus the confer ees on the part of the Senate. The message further informed the House that the Senate had passed a 'oiut resolution (S.No.125) granting the right of way through military reserves to the Union Pacific Railroad Company and its branches, in which he was instructed to ask the concurrence of the House.
Mr. ANCONA. I rise to a question of or der. I desire to inquire whether it would not he in order now to demand that the regular order be taken up. Unanimous consent was given for the consideration of this bill, on the supposition, I suppose, that it would give rise to but little debate. Would it be in order to call for the regular order now, as this bill is likely to give rise to considerable debate?
The SPEAKER. It would not be in order to demand the consideration of the regular order at this time, because the House has given unanimous consent for the consideration of this miscellaneous appropriation bill. MISCELLANEOUS APPROPRIATIONS AGAIN. 'Mr. STEVENS. I move that when the House shall a ain resolve itself into the ComWhole on the state of the Union, all general debate upon the special order shall be closed. The motion was eed to.
Mr. STEVENS. also move that when the House shall again resolve itself into ComWhole on the state of the Union for the consideration of the special order, all debate upon the pending paragraph shall be closed in 5 minutes. The motion was agreed to.
Mr. STEVENS moved that the rules be suspended and that the House resolve itself into the ComWhole on the state of the Union on the special order. The motion was agreed to. So the rules were suspended; and the House accordincly resolved itself into the ComWhole on the state of the Union, (Mr. RAYMOND in the chair,) and resumed the consideration of the special order, being a bill of the House (No. 73) makinglap propriations for sundry civil expenses of the government for the year ending June 30, 1867, and for other puripleospeesn. di ng question was upon the motion of Mr. PRICE, to strike out the following par agraph: For the puroo scof printing and publishing at the GovernmentPrinting Otiicc, the 1st volumesof the Medical and Sur icolllisteryof thoRcbellion.uiidor the direction 0! t 10 SurgeonGeneral. 860.000.
Mr. BANKS. I do not think the objection made by the Gentfrom lowa [Mr. Puree] to this paragraph is sufficiently strong to instify the ComWhole in strikin it out. The kind of information that is provided for in this 'work is not necessary for all people. And if it is imparted to one person ln100it perhaps serves all the purposes of the Government, and attains all the good that can be attained by a work of this kind. I have been told, and I believe it is true, that if the information embraced in this work had been in the possession of our Army surgeons at the commencement of the late war it might have saved 20%. of the life that he been lost. Now, if that is true in regard to the past, it will certainly be true in the future, if we shall be called to participate in another war; and it is also true inrelation to the pres ervation of life in times of peace. It is a work calculated to instruct medical men in the best methods of preservinglife, which is a consideration of very great importance to the country. The question‘recurred upon the motion of Mr. PlgCE to strike out the paragraph.
Skip Skip The question was takeu; and upon a division there were nyes ten, noes not counted. So the motion was not agreed to. The Clerk resumed the reading of the bill.
Mr. HUMPHREY. I move to insert before the paragraphs headed, “surveys of the coast, ” the following: For the enlargementand repnirs of the custom hopsgoand postoffice building at Bangor, Maine. The up lication comingfrom the city of Ban gor, for t to purpose of enlarging and repairing the customhouse and post oliice building, was referred to the ComCommerce. That committee examined into the facts of the matter with a great deal of care, so that there should be no question as to the propriety of making an appropriation for that purpose. An officer of the Treasury Dept was sent to the city'of Bangor to examine the building and make a report. That. report was made, and upon that report, with other information that was presented to us, the committee have reported in favor of making this ap reprintion. As the report is a short one I ash that it be read by the Clerk, as it contains all the facts.
The Clerk resumed the reading of the bill.
Mr. O’NEILL. I am authorized by the ComCommerce to offer the following amendment: Insert after line 143 the followmir: To provide additional station houses. life boats and other appliances for the better preservation of life and property from shipwreck aldng the coast of NewJersey. betweenSandy Hook and Little Eg Harbor. 810.000 , and for re airing and relightins he lighthouse on Tucker’s each on the coast of cw erscy.So.
Skip Skip The amendment was agreed to. The Clerk resumed the readin of the bill.
Mr. KASSON. The paragrap embracing lines 2 hunQ ed and 66 to 271 is in the present form somewhat imperfect in its language. I move to amend by strikin out the words “ at a sum n“ot to exceed" an inserting after the word dollars” the words “or so much thereof as may be necessary;” so that the paragraph will read as follows; Forcare.support and medical treatmentof 60 transient paupers medical and surgical patients. in some proper medicalinstitution in the cit of Wash ingtnri. under a contract to be formed with such institution by the ComrPubBldg. “2.000 or so much thereof as may be necessary.
Mr. WILSON, of Iowa. I desireto ask my colleague what is the object of the provision contained in this paragraph. I won (1like to have some explanation ofit.
Mr. KASSON. We have been in the habit annually of making an appropriation for this purpose. Some such appropriation is always required. Many soldiers, coming to Washing‘ ton to collect some claim or something of that kind, become destitute while here and they are permitted to find refu e in some institution under regulations provided by the dept. Besidespthere are other creatures who umanity dictates should be cared for.
Mr. WILSON, of Iowa. ber limited to 60?.
Mr. KASSON. simply because there is an express agreement with an institution in this city to take that number at a cost not exceed in the sum named in the bill. '
Mr. WILSON, of Iowa. If only 1/2 the number should be received, will the institution still receive the some amount?
Mr. KASSON. It receives only so much as it is entitled to under the arrangement made with it by the Dept. The amendment of Mr. KASSON was agreed to.
The Clerk continued the reading of the hill,
Mr. WASHBURNE, of Illinois, I move to amend by inserting after the word “closets, ” i“n line 280, the words for putting a proper number of water closets in the upper story of the Representatives’ Why is the num Chamber 5" also by striking out in the 284th line the word “ 8” and inserting “ 12;” so that the paragraph will read: For annual repairsof the Capitol water closets for putting a proper number of water closetsin the up perstoryo the Representatives' Chamber. For stables. water pipes. Pavements and other walks within the Capitol square.broken glass and locks and fpr the protection of the huilding and keeing the mom approacliesto it unencumbered.in addition to the sa 0 of old material. 512.000.
Skip Skip The amendment was agreed to. The Clerk continued the reading of the bill.
Mr. KELLEY. In the absence of the chair man of the ComLibrary, [Mr. Hart 25] who is today detained from the House by indisposition, I am instructed by the committee to move to amend by inserting after lin 433 the following: or contingent fund forJtCom on the ibrary. $5.000.
Mr. STEVENS. I understand the gentleman to say that this amendment is reported from the ComLibrary.
Mr. KELLEY. It is. the 'last approriation for this contingent fund was made as on ago as 1850; and the fund is now exhauste.within, I think, 250 or 300 dollars.
Mr. STEVENS. I was aware that this fund was nearly exhausted, and I expected such a proposition as this.
Skip Skip The amendment was agreed to. The Clerk continued the reading of the bill. Mr: WILSON, of Iowa. I move to strike out the following: Currency Printing Bureau: For the purpose of erectingon the public land ad acent to the reiisnryDept.afire proofbrick uilding of sulficient capacity to accommodatethe CurrencyPrinting Bureau and alsoto atford to the Treasury additional roomfor storage, 8200.000. I think if the members would take up and read the testimony taken by the committee which investigated this dept some 2 years a 0, they would be satisfied that unless some 0 ange is made in the sufferintendency of it they ought not to agree to this appropriation thereby rendering it a permanent dept of the Government. I hope it. will be stricken out.
Mr. STEVENS. I hope that amendment will not be adopted. The Treasury Dept is anxious that this appropriation should be made. The papers of the Internalrevenue Bureau are now kept in a hired building which is not fireproof. The committee agree to the propriety of having this fire proof building erected for the purposes of this Printing Bureau as well as for tesafe keeping of these papers. The necessity is urgent. We are now paying $23,000 a year for the rent of the house now occupied by the Internalrevenue Bureau. It is not a fire proof building, and a lire proof building is necessary. The committee unanimously recommended the appropriation.
Mr. WASHBURNE, of Illinois. There may be something in the matter of having a fire proof building to protect the papers of the freasury Dept, but I am unwillin to have anything go into this bill which looks ike a perpetuation of this Printing Bureau. I hope the gentleman will consent to strike out that part of the clause, and let it provide only for additional room for storage.
Mr. KASSON. I send up a letter of the Secretary to be read, showing the necessity for t is.
The Clerk read as follows: TREASURYDnriariiss'r, May 23, 1866. Sis: Allow me to call your attention and that of the Committee onAppropriations to the circumstance that the officeof Internalrevenue with its records. bonds. add vouchers for at least $400.000.00iso.now locatedin a building not fire proof and which is not the property of the Government. In caseof the total destruction of the building in Question by fire a direct loss the the Government would. it is representedto me. Be several millions. while the iinntdeirrerucpt tloiosnstaontdheder Traenasguery meanntdo tfhtchceourenvtreynfuroem buthsieness would certainly be muchgreater. The proper location of the Internalrevenueoffice. from its iiitimate connection with all the Treasury business.is in the Treasury building; but at present there is no spaceavailable in this building for its accommodation. If. however. the Currency Printing Bureau and the space occupied for storagecould be transferred from the Treasury to some other adjacent building. Properly constructed and fittedup.the office of the Internalrevciiue could bebrought back to its oproiignitneadl location. thus avoiding the danger above out and greatly facilitating the transaction of the businesso the whole Dept. I therefore respectfully suggest to the ComAppropriat the expediency of authorizin the SecyTreasury to erecton the public and ad;aeent to the Treasury Dept a tire proof brick buildin of sufficient eapacity to accommodate the currency printing Bureau and to alsoadord to the Treasury additional room fer storagp. The estimates of the architect of the Treasury. which I herewith trapsniit. indicate that an appropriation of 8200.00w0ill be necessaryto defraythe expenditure requiredfor the erection ofsueh abuild "IR, and I won respectfully re cast that an appropriation for that amount and or such purpose be recommendedto Congress by the committee. I am, very respectfully. H. McCULLOCH., SecyTreasury. Ilon.Tuinnnes Srrvass. I Chairman ComAppropriat.
Mr. STEVENS. Let the clause read as follows: Currency Printing Bureau: For the purpose of erectingon the public land ad 'iicciitto the Treasury Depat. Flreproof brick building. to beunder the direction of the SecyTreasury. to also affordto the Treasury addi Lionul room for storage.$200,000
Mr. WASHBURh E, of Illinois. The chair man substantially agrees to the amendment I have suggested. I ask that it shall read as follows: Currency Printing Bureau: For the par oneof erectingon the public land tul acenttot o reasnryDept.a fire proof brick uuryilding of sudicient eapacityto afford o the Trees additional room forstoragcand the preservation of papers, &e.
Mr. STEVENS. Strike out the part in ref erence to storage, as they want to put clerks in there.
Skip Skip The amendment was agreed to. Mr. WASHBUENE, of Illinois, moved to strike out the heading. The amendment was agreed to.
Mr. WASHBURNE, of Illinois, moved to reduce the appropriation to $1,000. The amendment was disagree to. The question recurring on the motion of Mr. WILSON, of Iowa, to strike out the paragraph, it was not agar Iced to.
Mr. WAS BURNE, of IlliuOis. to amend by adding the following: And the legal representativesof the corporations of Washington an of Georgetownand the portion of the county of Washington in the DistCol not includedin said corporationsbe and they are hereb. directedto provide and suitably furnish. without clay. a suitable room for the use of the orphans’ court and 2 contiguousrooms anda fire proof vault for the useof theregisterotmlls in andfor said county: andfor the repayment of the expenses to be incurredin executingthis order. the said corporations of Washington and Georgetown and the levy court in the county of Washington.in the DistCol. are hereby authorized and directedto levy and collect asuitublo tax uponthe propertyembraced I move within their respective jurisdictions.
The Clerk resumed the reading of the bill. The following clause was read: For surveying the public landsjn Nevada. at rates not exceeding 15 dollars perlineal mileforstnndard lines. 12 dollarsfor township, and ten dollars for sectionlines. 815,000.
Mr. McRUER. I move to amend by striking out the word “ 12 " and inscrtin “ 14;” also by striking out “ten” an inserting “ 12;” so that it will read “ 14 dollars for township and 12 dollars for section lines.” I have in my hand a letter from the U.S. surveyorgeneral of the State of California. in which he says that the present rates in California, which are 14 dollars and 12 dollars, are 11510W88 this work can be done. I believ is amendment meets the approbation of the chairman of the ComAppropriat, and I hope it will be adopted.
Mr. STEVENS. Accordingto the best information we havepllldytile committee agreed to report the old rates, but the surveyor general since that has thought that some small change was necessary. I do not profess to be informed, ana‘therefore I have nothig further to say. u
Mr. McRUER. The surveyor general says that" In the present condition of the country these prices are as low as deputy surveyorscan live at usiness. They are compelledto paygold the for assistance and other oxpenses.while theyarepaid in green baeks. As long as the currencycontinuesin the pres ent condition pricesin California and Nevada ought not to bechanged.”
Mr. WASHBURNE, of Illinois, I would like to know upon whose suggestion this reduction of the rates was made. The Commissioner of the Land Office had all the information before him, I suppose, before he came to the conclusion that this was a sufficient rate to enable him to get this work done.
Mr. BIDWELL. Mr. Chairman, surveying in California is different from what it is in most States and Territories. It is veryim portant to our State that the surveying should 0 carried on as fast as possible, in order to settle conflicting land titles. If there is one thing more than another that is important to our State it is that this should be done. What has brought us most into trouble has been the want of surveys for the purpose of adjusting land titles. We are so situated that it is fre $Qlltly almost impossible to obtain surveyors. e are suffering from spasmodic emigration. New mining localities are discovered which call awa sometimes ten or 15 or 20,000of our people; consequentlyall kinds of service rule liigher there ilian elsewhere. The old rates paid, as they necessarily must be in the surveying of the country, are said by those who know, and among them the U.S. surveyor general for California, who is entirely reliable, to be so low that it would be almost impossible to get surveying done. I hope, therefore, that the rates will be changed as proposed by the amendment of my colleague.
Mr. KASSON. I ask the gentleman if he has any information from the ComrGLO. I will state to the gentleman frankly that my objection to this change being made is, that it is not in a condition to be revised by our committee. In other words, we have no communication from the Commissioner of the Land Office on the subject, to whom the report of the surveyor general should have come, in order tojustify our action in a regular way.
Mr. BIDWELL. My colleague has a later from the surveyor general.
Mr. KASSON. But it does not come through the Commissioner of Public Lands to enable him to adjust an equal system for all the States and Territories and I suggest to the gentleman whether it would not be better to wait and get a recommendation from the Land Office.
Mr. BIDWELL. It is very important that surveys should be carried on as fast as possible.
Mr. HENDERSON. I bear my testimony in behalf of the necessity of keeping up the old rates of surveying. I wish to say to the House that there is a great amount of suffering at the present time on the Pacific coast for want 0 surveying. I received a letter yesterday from the surveyor general ofOre on statingthat there are settlements of 40 miles in extent in which there is not a particle of land surveyed, and that at least $100,000 are needed to carry on the surveying in that State alone. Now, the point I make is this, that at these old rates surveying cannot be done. Surveyors cannot be got to do the work unless the rates are at least as high as the amendment proposes. The country is being settled up and the surveying needs to be completed. Public as well as private welfare demands it. I have a very high opinion of the ComrGLO, butI must say that his policy has been too stinted and close in reference to the public surveys on that coast.
Mr. WASHBURNE, of Illinois. I desire to say one word: The amendment of the Gentfrom California changes the whole tenor of this bill, and I am certain the committee is not inclined. without further information, to override a bill drawn u by the ComrGLO on fixing these rates. The Commissioner is in a position to know what suitable rates are, and what the surveying can be done for, and he has drawn up this bill in conformity with that knowledge, and for us now to override what he and the ComAppropriat have done would be very improper. in my judgment.
Mr. HIGBY. I move, proforma, tostrike out “ 15, ” in the 1st line, and insert “ 16.” I do not know what higher authority the Commissioner of the Land Office can have than that which comes through the surveyor encrals of the States of Californiaand Nevada. Ha would be very likely to go to them to get the prices, for the simple reason that a great Oportion of this work has not been done by the surveyor general himself, but by deputies and employees under him. And Iwill remark anothh thing: this does not contemplate an increase of the amount of the appropriation. There is no alteration in the amount, and I have it from the surveyor general himself that he thinks the gross amount will be sufficient for this year. The only question is as to the prices to be paid to these men who do the work. If we go to the Land Office there will be no other information obtained than what comes from the reports received from California through the surveyor general there. "
Mr. BOUTWELL. It seems to me the rent objection to this amendment is this: i the surveyor general of California and Nevada knew or had reason to believe that the work could not be done at these prices, he should have made his report to his superior, through whom the information would come to this House. To act upon information contained in a letter of an officer of the Government presented here in an irresponsible way is the most unsafe of all modes of legislation.
Mr. HENDERSON. I want to say that the recommendation of the ComrGLO does not come up to the recommendation of the officer on the Pacific coast. When the officer asks for $30,000 for public surveys the Commissioner cuts it down to $15,000; and when he asks 12 or 14 dollars for section lines, it is cut down to ten dollars. The Commissioner does not give them what they ask for. And then for gentlemen to get up here and say that they know better than we do is a perfect absurdity, for we know the work cannot be done. This House and the ComrGLO may do as they see fit; but we know that these facts extst.
Mr. STEVENS. I move that the committee rise for the purpose of closing debate on this section, or these lines will run into other regions than California.
Several Members. We will take the vote now.
Mr. HIGBY. I withdraw my amendment. The question being taken on the amendment of Mrflilcltusn, it was diagreed to.
The Clerk resumed the reading. The following clause was read: For surveying public lands'in Orerrpn.at ratesnot exceeding 15 dollars perlineal mile for standard lines. 12 dollars for township and ten dollarsfor sectionlines. 315,000.
Mr. HENDERSON. I “ move to strike out $15,000” and to insert “ $30,000." That is considerably less than was asked for. The amendment was disagreed to. The Clerk resumed the reading of the bill.
Mr. DONNELLY. move togamend the bill by inserting after line 487 the followmg: For surveyingthe public lands in Idaho Territory. at ratesnot exceeding 15 dollars [0]:'iical mile for standard lines. ten dollars for townshiplines, and 8 dollars for sectionlines. 3315.009. ‘or compensation of the surveyorgeneralof Idaho and the clerk in his officc. $6.400. For rent of surveyor genernfsoflioe'in Idaho. fuel, books.stationery and other incidental expenses, including pay of mmenicr. 81.500 I desire to explain that since the estimates were furnished upon which this bill has been based:1.bill has passed Congress and been approved by the President, (House bill No. 391,) providing for the establishment of a surveyor generafs district in Idaho.
Mr. KASSON. I would suggest to the gentleman that there are several cases of that kind to be provided for, and the Committee on Ap Ppriations intend to report them, so far as nown, in the general deficiency bill, the only remaining bill. I suggest to the gentleman to defer his amendment until we reach that bill.
Mr. DONNELLY. If that is the case I will withdraw my amendment at the present time.
Mr. STEVENS. I move to strike out the paragraph relating to the publication of census returns, as follows: For defraying the expensesof preparing for publication a statistical classification of the 8th consul returns and for the publication of asupplemental volume of the 8th census prior to 2ndsession of 39th Congress.in part. 812.920 being for the annual compensation of the existing force of 7 census cler s and one laborer. I rather think it better be out, and if the Senate want it in, they can put it in. The motion to strike out was agreed to.
The Clerk resumed the reading of the bill. The following was read: For the purchase.lnclosure and preservation of a parcel of ground at Des Moines. the ca ital of Iowa as a site for the erection of a building or the useof Federal courts and for other Federal offices.$15.!DO. orsomuchthereofasmaybenecessary.tobeexpopded under the direction of the SecyInterior.
Mr. WASHBURNE, of Illinois. I would inquire if there are any public buildings there now.
Mr. KASSON. This is to provide for the usual site, as we have always done for build' in s in the ca itals of western States
.Mr. WASHBURNE, of Illinois. I want to know what the usual site is. I understand that there are no public buildings there.
Mr. KASSON. This is the same provision we have habitually passed for the capitals of western States for the accommodation of the U.S. officers. It is recommended by a, letter of the SecyInterior as needed for the public service.
Mr. WASHBURNE, of Illinois. I under take to say that there is no such legislation found on record. When Congress desires‘to have a public building built it makes an appropriation of so much money for the purchase of the ground and the erection of the building. This is a side entrance. to get the ground in the 1st place, and then they will come here for on appropriation for the building.
Mr. BRASSON. I supposed this would meet the up robation of the Gentfrom Illinois, [ Mr. wASHBURNE] as he has asked for $50,000 for his State.
Mr. WASHBURNE, of Illinois. I did not ask an hing of the kind.
Mr. STEVENS. I appeal to the wellkuowu liberality of the Gentfrom Illinois [Mr. Wasnnunsn] not to object to this provision. [Laughter
Mr. WA HBURNE, of Illinois. I am very much obliged to the gentleman for the acknowledgment, which is properly due. ButI must move to strike out this paragraph. The motion to strike out was not agreed to.
Mr. COBB. I move to amend this section by adding the following: “ For the purpose of renewingthe appropriation for building a courthouse at Madison Wiscunsin.650.000 or so muchthereof ashas not been expanded. And I ask consent to make a short explanation of the amendment which I have offered. In 1856 an apprOpriation was made by congress to'build a courthouse for the accommodation of the circuit and district courts of the U.S. at Madison, the capital of Wisconsin. This exact sum of $50,000 was then appropriated. For some reason or other en' tirely unknown to me, though I think I can guess it, the Administration declined or neg lected to expend any part of thattion, and consequently 8 3PYOPI'HL it lapsed or some reason or other the appropriation has never been renewed. I now simply ask to have it. renewed, so that the matter may be placed where the statute of 1856 placed it, leaving it to the Administration to decide whether it will obe the laws of Congress, or whether it will neg ect to do so, as the Administration of James Buchanan did.
Mr. STEVENS. I ask the gentleman whether there has been any communication from the SecyInterior on this subject.
Mr. COBB. There has not been, so far as I know; but the facts, I think, will not be disputed by anyone.
Mr. STEVENS. It is not customary to make.appropriations of this kind without having some recommendation of a Dept or something of the laind.
Mr. COBB. I huge offered the amendment and stated the facts. which are of record. If the House does not choose to grant the appropriation we shall endeavor to do the best we can without it; but it seems to me that ten years is a considerable length of time to wait for the administration of a law by the officers of the Government. The amendment was not agreed to there being ayes 14, noes not counted.
Mr. LYNCH. I move to amend by adding the following at the end of section one: For the Government building at Portland. Maine. usedas a postoffice.customhouse and for the U.S.courts, lately destroyed or renderedalmost worthless by fire. to repair or rebuild the same as may prove most advisable. 8200.00o0r.somuchthereof as may benecessary.to be expended under the direction of the SecyTreasury.
Mr. WASHBURNE, of Illinois. I suppose that nobody will oppose a proper appropriation for this purpose, but it strikes me that the appropriation proposed is much too large.
Mr. LYNC. I ask the Clerk to read the letters which I send to the desk.
Mr. SPALDING. Mr. Chairman, I doubt whether the SecyTreasury was aware. when he wrote that letter, that $75,000 had already been appropriated, in a bill here tofore passed, for building a customhouse in Portland, and $25,000 to repair the old one. making $100,000. Of course the SecyTreasury cannot suppose that $200,000 is necessary in addition to the $100000 already appropriated. I. may state that the ComAppropriat this morning instructed one of their members to inquire into this matter and seewhat amount is necessary, in addition to former appropriations, to rebuild this customhouse or put it in repair. Whenever we can form a'correct judgment as to the amount necessary to be appropriated, I am ready to vote the sum require.
Mr. KASSON. In making the inquiry which has been referred to by the Gentfrom Ohio, [Mr. SPALDING] I find that the intention of the former appropriation was to build an entirely new customhouse on property now belonging to the U.S. The sum appropriated for that purpose has not been expended. The building recently destroyed by re has been used for a customhouse and, I believe, for some other Federal offices; but the building had become very much crowded; and this customhouse proper was to be built at any rate. But nothing was destroyed by the fire connected with that appropriation. This, then, is for the purpose of rebuilding the house now used as a customhouse, and which will be used for the purposesr of the internalreve nue, &c. I presume the Gentfrom Maine can be more explicit than myself. I think, ifI may be permitted to say anything against the recommendation of the SecyTreasury, that this is alrger snni than we ought to appropriate for rest ring a building which is not to be the customhouse at Port land. I ask the Gentfrom Maine whether it would not be right and proper and expedient for us to limit it to one ialf the appropriation made by the House until we know whether it is necessary to expend this large sum for the mere restoration of the building'we now ave. I will simply add another word. The Gentfrom Maine is well aware that the distinguished Senfrom that State and that city will be ready to correct it if we get it wrong when it ets to the Senate.
Mr. L NCH. Mr. Chairman, the question of how much we shall make this appropriation is entirely with the House. The matter has been brought to my attention by a letter signed by the collector of the port. the postmaster at Portland, ajudge of the Supreme Court, and other officers of the Government; and they have officially notified the SecyTreasury that if the building is to be rebuilt it will probably cost $200,000. In reply to the Gentfrom Ohio, [Mr. Srsnniive] who says that $100,000 has already been approriated for a customhouse, I desire to say this has nothing to do with that appropriation.
Mr. SPAL'DING. Was not $25,000 appropriated for this very buildin ‘I
Mr. THAYER. I desire to understand this matter. I ask whether this appropriation has been considered by the ComAppropriat.
Mr. LYNCH. It has been agreed to b the committee, but they can answer tor themse ves.
Mr. THAYER. I ask the chairman of the committee whether it has been approved by them.
Mr. STEVENS. It was sent to the committee after this bill was reported, and we thought it better to let the Gentfrom Maine otfer it. I hope the the Gentfrom Maine will: 1 rec to reduce it to $100,000.
Mr. LYN H. The SecyTreasury declares that this amount is necessary.
Mr. STEVENS. I suggest to the Gentfrom Maine, for his own benefit, that he reduce the amount of the appropriation to $100,000.
Mr. THAYER. Iain not preared to vote for a proposition of this kind uness it is reported by a committee. I do not think that the House can safely abandon the fixed rule of legislation in this respect in regard to appropriation bills, which reguires that propositions for the appropriation o the public money shall 1st undergo the investigation and scrutiny of the committee of this House appointed for that purpose; and it was upon that account that I appealed to the chairman of the ComApproriations to know whether this proposition ad the sanction of that committee; because, if it has not I will not vote for it.
Mr. STEVENS. This proposition came to us, but we had no time to consider it. Of course something ought to be giVen for this purpose and we asked the Gentfrom iilaine [Mr. LYNCH] to offer the amendment upon the recommendation of the dept. I think that some appropriation should be made for this purpose; but my own idea is that $100,000 is the proper amount.
Mr. THAYER. Then I hope the House will not exceed the amount recommended by the chairman of the committee. Obviously, if this House attempts to adopt any other rule of action in regar to the subject of appropriations than that which it has always adhered to, to require approriations to be made upon the responsibility of the recommendatipdof a committee of this House, whose duty it is to examine all the estimates and details upon which the recommendations are based. there can be no safety in legislatipg upon these subjects; and 'I hope that the Gentfrom diaine will either adopt the suggestion of the chairman of the Committee on appropriations, or else that the subject may he eferred until that committee can have an opportunity to ei amine the estimates upon which the appropriation which is proposed by the Gentfrom Maine is asked for.
Mr. LYNCH. I have no objection to accept the modification suggested by the Gentfrom Pennsylvania, [Mr. Srnvnssd and will make the amount of the appropriation $100,000. The amendment, as modified, was agreed to.
The Clerk read the 2nd section of the bill, as follows: Soc. 2. Abife:, ing That the followsumsbe and the snmoare herebyapproriated, out 01 any money in the Treasury not at erwrss appropriated, for the ohiccts hereinafter expressed, namely: Officeof U.S.depositary, Louisville: For salary of cashier.$1.800. For salary of book keeper. 1.500 or salary of assteashier, 81.3). 'or salary of clerk, $1, 320 or contingentexpenses, $625. Oflioe U.S.depositary, Chicago: For salary of cashier.$1.600. For salary of clerk, 81,000. For contingent expenses. $400. Offico U.S. depositary, Pittsburg:.For salary of cashier.$1.500: or salary of asst cashier. 81.000. 'or salary of watchman, $900. For contingent expenses,200. officeU.S.depositary, Baltimore: For salary of cashier.$1. ‘or salary of clerk, $1,500 or salary of clerk, SLWO or salary of clerk, $1,000. For salary of clerk, $900. For salary of messenger.8900. For contingent expenses, $360. office U.S. Asst Treasurer, SanFranclsco:. For salary of cashier. $2.500. For salary ol book keeper, $2.000. offico U.S. depositary, Cincinnati: For salary of nsswtnnteashier, S, For salary of assteashier.$1.200. For salary of assteashier, 81,000. For salary of teller, 91, 300. For salary ofbook kecper, $1.500. For salary of 2 clerks. 52, 500. For salary of clerk, 81, 200. For contingentexpenses, $2,000.
Mr. WASHBURNE, of Illinois. I move to add at the end of that section the following: Provide That pone of the salariesof the oliicers namedin this sectionshall be increased.
Mr. STEVENS. That is a most unheard of amendment, after we have made a specific appropriation, to to it with such an unlegislative amendment. this hardly consistent with the usual accuracy of the Gentfrom Illinois in regard to such matters. I hope the House will not adopt the amendment.
Mr. WASHBURNE, of Illinois. What I desire to understand, and what the committee, I presume, desire to understand in relation to this matter is, whether this revision in fact carries out the existing law an makes an appropriation for the salaries which these men now receive or whether it increases the salaries of these officers. The gentlemen of the ComAppropriat do not say that this is‘ an appropriation to pay the salaries now fixed by law My own i on is that the salaries of.a l these men are increased by this section of the bill, and if it be the intention of the committeo to put in this broad increase of sala ries, I (lpropose to insert the amendment I have offere, which is perfectly just and proper.
Mr. STEVENS. I have no knowledge of anfiincrcase beinilinvolved here.
Mr. WASHBURNE, of Illinois. Then my amendment can do no harm.
Mr. STEVENS. But it isa most ridiculous provision.
Mr. WASHBURNE, ‘of Illinois. My belief is that this clause does increase the salaries of these men, and I desire to have a provision inserted that there shall be no increase of sal ari'fs. It can do no harm, at an rate. he question was put on Mr. VASHBURNE’s amendment, and there were ayes 40, noes 25; no qhorum votin.
Mr. WASHBURNH, of Illinois. I think the Gentfrom Pennsylvania had betterlet this question 0 to the House.
Mr. STEVENS. Inm willing that the whole section should be stricken out, but I do not wish to top it off with such a provision as this.
Mr. WASHBURNE, of Illinois. Then let the amendment be considered as adopted, and then we can have a vote upon it in the House.
Mr. STEVENS. Well, I have no objection the amendment being adopted, but then I shall have to move to strike out the entire section.
Skip Skip The question was taken on Mr. Wasnntmus’ s amendment, and it was agreed to.! Mr. RANDALL, of Pennsylvania. I rise to a point of order; and that isv that when the committee have ut' in' an amendment, they cannot immediate y after that strike it out. Mr. STEVENS. I hope my colledgue will allow me to take care of this question in self.
Mr. RANDALL, of Pennsylvania. ell, I propose to have something to do with it. I believe I have one vote on this floor, which is the same number that my.colleague has. Laughter. The point of order I make is, that the house has just voted in an amendment, and that it is not in order to vote it out again immediately.
The CHAIRMAN. The Chair would remind the Gentfrom Pennsylvania [Mr. RANDALL] that the section must be perfected before a motion to strike out is in order. The question, was taken on the motion to strike ouf, and it was agreed to. The Clerk resumed the reading of the bill.
Mr. WASHBURNE, of Illinois. I move to amend the 3rd section of the bill, on line 11, age 24, by inserting before the word “the” the words, “and the 24th section of an act to amend an act entitled ‘An act for enrolling and calling outthe national forces, and for other purposes, approved March 3, 1863, and approved July 24, 1864, be, and the same are hereby, repealed.”
The Clerk read as follows: Abife: That from and after the 30thday of June. 1866. o compensation of the mon oCfoltuhme bMiae, tbroep, and the same fiosrcheeroefbtyh.eineriestarsicetdo as follows, namely: 20 dollars permonth also. an additional increase of ton dollars a month, said additional increase to be borne by the cities of Washington an Georgetown and the county of Washington.in the DistCol. in the pro portion equal to the number of patrolman allotted severally to the cit ofWashington. to the city of Georgetown, and to county of Washington and Geor clown and the levy court of said county be and t cy are hereby, authorized and empoweredto levy a special tax not exceeding.one uarter of 1%.for the purpose aforesaid.on for no other purposewhatsoever.
Mr. BOUTWELL. I would like to ask what the pay of the Metropolitan police force is at present.
Mr. WASHBURNE, of Illinois. The increase of ny is to be paid by the corporations.
Mr. STEVENS. I move to amend that seetion‘by inserting after the word “ Georgetown” the words “and to the county of Washington outside of the corporate limits of said cities.” I move further to strike outthe word “ county” where it occurs in a line below this, and to in sort in lieu thereof “city.” The amendments were agreed to.
Mr. WRIGHT. I desire to move an amendment, to come in on page 3 of the bill.
The CHAIRMAN. That will require unanimous consent.
Mr. WRIGHT. Then I move to add to the bill the following: For the improvement of the navigation of Newark bay and Passaicand Hackensack rivers, $30.
Mr. WASHBURNE, of Illinois. That he longs to the river and harbor bill, if anywhere. I object to it fit it is new legislation upon an appropriation bill, not carrying out any existing law. This subject has not been before the ComCommerce at all for consideration, nor has it been referred to any committee of the House.
Mr. WARD. I move to strike 'outthis 6th section. As I understand it, it is simplyaproi vision to increase salaries in the DistCol of certain persons referred to in the section. I submit that this is no time to be raising salaries, and I therefore move to strike out the section. The 6th section was as follows: SEC. 6. Abife: That from and afterthe 30thday of June. 1866, the compensation of the menof thoMctropolitan pohcpforce of the DistCol and the same is heroy increased as follows, namely: 20 dollars permonth; also an pdditiopal increase of ten dollars a month. said ndditlonalincrcaseto beborne by the citiesof Wash‘ tine gnt, on and Georgetown and the countyof Washing in the DistCol. in the proportion equal to the number of patrolman allotte severally to the clty of Washington. to the city of Georgetown. laimnditeso, quannt tohfoc Witaiesshomf tonns.hoinugtstiodneaonfd the corporate and the levy court of said county be. aGnedorrfetown, t hereby. icy are authorized and empoweredto levy a s tax not ocial purposeeaxfcoereedsa!!l! one uarter of 1% or the an for no other purposewhat soever.
Mr. MORRILL. I move that the committee. rise for the purpose of enabliu me to report a bill from the ommittee of ays and cans and have it printed so that we may have it before us tomorrow. Q The motion wins agreed to. So the committee rose; and the Speaker havin resumed the chair, Mr. RAYMOND reporte that the ComWhole on the state of the Union, according to order, had had under consideration the bill of the House (No. 737) making appropriations for sundry civil expenses of the Governmentv for the year ending June 30, 1867, and for other purposes, and had come to no resolution thereon. PROTECTION OF THE REVENUE.
Mr. MORRILL, by unanimous consent, reported from the ComWays&Means a bill to protectthe revenue, and for otherpurposes; which was read a 1st and 2nd time, ordered to be printed, and made the special order in the House for tomorrow after the morning hour.
Skip Skip WITHDRAWAL OF PAPERS. Mr. SCOFIELD asked and obtained leave to withdrawfrom the files of the House the petition and papers in the case of William Irvin. Mr. INGERSOLL asked and obtained leave to withdraw from the files of the House the papers in the case of G. C. Lanphere. LEAVE OF ABSENCE. Mr. McKEE asked and obtained indefinite leave of absence for his colleague, Mr. Snirn. MISCELLANEOUS APPROPRIATIONS AGAIN.
Mr. STEVENS. I move that when the House a sin resolve itself into the ComWhole on the state of the Union upon the miscellaneous approriation bill all debate upon the bill and amendments shall be closed in one minute. The motion was agreed to.
Mr. STEVENS. I move that the rules be suspended and the House resolve itself into ComWhole on the state of the Union on the special order. The motion was agreed to. So the rules were suspended; and the House accordingly resolved itself into the ComWhole on the state of the Union, (Mr. RAYMOND in the chair,) and resumed the consideration of the special order, being bill of the House No. 737, making appropriations for sundry civil expenses of the government for the year ending June 30, 1867, and for other purposes. the ending question was upon the motion of Mr. VAR!) to strike out the 6th section.‘
Skip Skip Mr. WARD called for tellers. Tellers were ordered; and Messrs. WARD andingERSOLL were a pointed. The committee divi ed; and the tellers reported ayes 38, noes 59. So the motion to strike out was not agreed to.
Mr. WARNER. I was not in the Hall at the time the consideration of this bill was be unorI should have offered an amendment in the proper place. I now move to add to the bill the following: For the repair of the customhouseand posl cities and the walks and fences adjoining the same, at Middletown. Connecticut.$5,000.the same to be exended by direction of the collector of the port of Iiddletown. I desire to say with reference to this matter, that this is a very large building
Mr. WASHBURNE, of Illinois. I must object to the gentleman’s amendment, unless he will strike out the last part.
Mr. WARNER. I have no paiQular pref erence as to what officer shall be designated to direct the expenditure of the money; but the collector of the port, being on the spot, seems to me the ro or officer.
The CHAIR Al. Debate is closed by order of the House. On the amendmentthere were'h ayes 26. noes not counted.
Mr. WARNER called for tellers. Tellers were prdered; and Messrs. Wanna and HIGBY were a pointed. The committee divided; and the tellers reported ayes 63, noes 30. So
Skip Skip The amendment was agreed to. ‘Mr. NIBLACK. I am directed by the ComAppropriat to offer the following as an additional section: $3S2E, CO0. 0. Abife:, That the sumof be, and is hereby approriated to(pug;Madison Swae‘tzcr.upon condition that the sai adison Sweetzer shall 1st. by a good and sufficient deed. conveyto the U.S. all his right. title, and interest in and to the followin lands, conveyed by the bU.S.s to Joseph Richardville, sr., and Joseph Riehardville, ir. by treaty at Stmay ’s,00 tobor 6. 1818t.o wit: the westhalf of section 0. 26. the easthulfofsection No. 28 and sectionNo. 2?.of township fli'o south, range 4 east.lying in the county of Auulaize and state of Ohio.
Mr. WASHBURNE, of Illinois. I rise to a pom t of order. I submit that is simplya proposition to pay a private claim. It is an endeavor to insert into an appropriation bill independent legislation. If this can be entertained as an amendment to a general appropriation hill, then any private claim whatever can be provided forin this way.
Mr. NIBLACK. The appropriation embodied in the amendment has been recommended to the ComAppropriat in regular form by the SecyInterior. It has been considered by the committee and has received their approval. I cannot see why it is not appropriate as an amendment to this bill. It is in pursuance of an existin law of Congress, amended at the present session, providing for the ap raisement of these lands and for the extinguisment of the title.
The CHAIRMAN. Does the Gentfrom Indiana state that the appropriation proposed in the amendment is in pursuance of an existing law?
The CHAIRMAN. The Chair thinks the point of order is not well taken.
Mr. WASHBURNE, of Illinois. Does the Chair hold that this proposition is to carry out an existing law?
Mr. WASHBURNE, of Illinois. What law of Congress?
Mr. LeBlOND. I will say to the Gentfrom Illinois that this is a matter relating peculiarly to my own district. In the 30 8th Congress I introduced a bill (which was passed and became a'law) providing for the appraisement of the land for the purpose of extinguishingthistitle. the appropriation now proposed is in pursuance of that law.
Mr. WASHBURNE, of Illinois. My point of order is that this is a proposition to pay a private claim, and cannot be in order on an appropriation bill. I do not now propose, when the House has closed debate, to 0 into a discussion of the propriety of this arge appropriation of $32,000. But it is to provide for no contingency of the Government; it is to carry out no existing law. If this proposition is in order, there is no private claim presented during this session that could not be provided for in an amendment to a general appropriation bil.
The CHAIRMAN. The Chair begs to state to the Gentfrom Illinois that he asked the Gentfrom Indiana [Mr. NIBLACK] whether this was in pursuance of existing law, and the gentleman replied that it was. On that statement the Chair thinks it is in order.
Mr. WASHBURNE, of Illinois. I ask that the law may be produced. That is the ordi raised. The Chairman of the ComWhole very often su'spends his decision until the law is produced. I have no doubt that the Gentfrom Indiana thinks that he is correct; but the law ought to be produced, that may understand what it is.
Mr. LeBlOND. If the Gentfrom Illinois will reflect a moment, e will recollect that when the law upon which this approriation is based was introduced here as a hi 1he himself made objection to its passage; but the House passed it almost unanimously.
Mr. WASHBURNE, of Illinois. I ask the gentleman to produce the law.
Mr. LeBlOND. It can be produced from the records.
Mr. WASHBURNE, of Illinois. When my friendfrom Indiana spoke to me in regard to tiis matter this morning I supposed that he was goin to bring it up as a private bill. I had no i on he was going to present it as an amendment to a general appropriation bill.
Mr. ELDRIDGE. 1 rise to a point of order. The question of order raised by the Gentfrom Illinois has been decided against him; and now he is arguing it after the decision of the Chair has been given.
The CHAIRMAN. The point of order is well taken. Debate is not in order.
Mr. WASHBURNE, of Illinois. The Chair has aright to be.properly informed in reference to this question. The Chair admits, unless in pursuance of existing law, this amendment is out of order. Iho e that the Chair will require that the law shal be produced. It is incumbent upon the gentleman offering the amendment to produce the law if the question of order is raised.
The CHAIRMAN. If the Gentfrom Illinois insists upon that as a point of order, the Chair will suspend his decision until the law is produced.
Mr. WASHBURNE, of Illinois. If there is such a law let us see it; but my belief is that there is no such law.
Mr. JOHNson. There is no question before the House. When 2 members of this House make the statgment that there is such a law, no member has the right to rise 11 here and say that he believes there is no sucii law.
Mr. LeBlOA. In the 38th congress a law was passed to which the section now offered. refers. It authorized the SecyInterior to appoint a commission to aisccrtain the amount and valuation of this lan.
Mr. WILSON, of Iowa. that debate is not in order.
The CHAIRMAN. It seems that the uniform practice has been, when the point of order lies been made, to insist on the production of the law; and the Chair will therefore reserve his decision until the law is produced.
Mr. HARDING, of Kentucky. want the Clerk to read the amendment which was adepted a little while ago on motion of the Gentfrom Illinois to amend the act for enrolling and calling out the national forces, and for other purposes. The amendment was read.
Mr. HARDING, of Kentucky. I now ask the Clerk to read a section of the law which it proposed to amend.
Mr. HARDING, of Kentucky. I move to strike that amendment out.
The CHAIRMAN. It is not in order as that part of the bill has been passed.
Mr. HARDING, of Kentucky. The amendment is not germane to this bill. That law has vested rights in certain individuals, which it is now unconstitutional to attempt to deprive them of.
Mr. LeBlOND. I have the law here to which I referred, and I ask the Clerk to read it. I make the point nary course when a question of this kind is the Chair as well as members of the House.
The Clerk read as follows: DWIAn act for the relief of William Sawyer and others, of the state of Ohio. Whgueayby the treaty of StMary’s with the Miami Indians of Octoberii, 1818t, hewesthalf ofseettiioonn No. 26.the cast half of sectionNo. 28, andsec No. 27, lying in the countyof Auglaizo andState ofOhio, were reserved and granted to Joseph Richard o'iflle, sr. andJoseph Richardville in; and 'hvberenasll said lands have sincebeensold in severalparcels to divers persons by the U.S and by the state of 0 10, under and by Virtue of agrant from the U.S.; and whereasby virtue of a.judicial sale upon a judgment rendered ainst the said Joseph Richardville, jr., surVivor an sole heir nt law of the said Jose li Richardville, sr., the title ranted to the said oscph Richardville, 81"., and oseph Richardville, jr., bysaid treaty in all of said lands has become vested in one Madison Sweetsor, the purchaser at saidsale; and whereas the suidMad ison Sivaetzerhas establishedhis title to midlands by sundry judgments in cicctment, recoveredin the circuit court of the U.S. for the northern hdoisltdriinctg of Ohio. against the tenants in possession. under titles derived. direotl or indirectly. from the U.S. as aforesaid: herefore, Be it enacted the Senate and HoRep of the U.S.A. in Congress assmbled anem That the SecyInterior be and be herebyis, authorized and required to‘ause the unimproved value of the said tractsof land to be ascortained by the valuation and assessment of a commissioner to be appointed by him for that purpose, and which commissioner shall, before he proceedsto the faasisthefsuslment and valuation of the same, take an oath and impartially to perform his duties as such commissioner. And when the said SecyInterior shall thus ascertain the unimproved value of said lands he shall report the same to the HoRepat the earliestpracticable moment.
Mr. WASHBURNE, of Illinois. What has that to do with this
Mr. LeBlOND. sulijekento?w the captiousness' of the Gentfrom Illinois in regard to almost everythin.
Mr. WASHB RNE, of Illinois. I have done nothing that is captions; I have only done my duty.’
Mr. LeBlOND. The gentleman has no right to object when he does not know what he is objecting to. When a man understands that a thing is wrong I recognize his right to object to it. The pending amendment is in pursuance of the law which has been read. The SecyInterior appointed a commissioner who appraised these lands and made a report to Congress, which is upon the table of every member. That report is briefly this, that these parties had a title to these 2 sections of lands. One of the sections they sold to different individuals; the other was conveyed to the State of Ohio for canal purposes, and was sold by the State to private individuals in my district. The land lies within 2 miles of the town of StMary’s, a flourishing place, containing some 2,000 inhabitants. This man Sweetzer had ajudgment against Richardville, jr., an Indian, for goods sold. He believed that Richardville was the rightful owner of the land under the treaty of 18 18, and thereupon he obtained a judgment against the Indian, levied upon the lands and sold them. Then he filed in the circuit court of the U.S. his petition against the occupants of the land, claimin that the title of the Indian was paramount. he district court, after hearin the case, decided in favor of Sweetzer. An now it stands in this shape: these occupants, about 40 families, are Without a title. The title which thi y derived through the State of Ohio and the U.S. has been declared void, and the title of Sweetaer, derived through this Indian, has been established as paramount. Now, Sweetzer having a judgment, can at. any time oust these occupants by getting out a writ of e'ectment. The occupants have applied to the legislature of the State of Ohio; and have petitioned congress to quiet the/Pile.
The CHAIRMAN. he flair is of opinion that this debate is not ine rder, and that the section is not properly introduced as an amendment. The original 1m!makes no appropriation to carr it out.
Mr. STEVENS, I move that the committee rise and report the bill to the House. The mono" wiis agreed to. so the committee rose; and the Speaker having resumed the chair, Mr. Ransom) reported that the ComWhole on the state of the UDIOQ, according to order, had had under consideration the bill of the House (No. 737) making appropriations for sundry civil expenses of the (Jovernment for the year ending June 30, 1867, and for other purposes, had made sundry amendments thereto, and directed him to report the same to the House with a recommenation that the bill do pass.
Mr. STEVENS. I move toamend the bill by inserting section two, 'which was stricken out in ComWhole, and I demand the previous question on the bill and amendments. The amendment was read, as follows: SEC. 2. Abife: That the following sumsbe, and the same are hereby, approriated, out of any money in the Treasury not at crivise appropriated, for the objects hereinafter expressed, namely: office of U.S.depositary, Louisville: For salary of cashier, 81, 800. For salary of book keeper, $1,500. For salary of assstant cashier, 81, 320. For salary of clerk, $1, 320. For contingent expenses.86. office U.S.depositary, Chicago: For salary ofcashior. $1, For salary of clerk. $1,000. For contingentexpenses, $400. office U.S.deggaitary. Pittsburg: For salary of cashier, $1, For salary of asst cashier. 81,000. For salary of watchman, 8000. For contingent expenses.$3500. Office U.S. depositary.Baltimore: For salary of cashier.$1.800. For salary of clerk, $1,500. For salary of clerk, 81.200. For salary of clci k. $1.000. For salary ofelm k. $900. For salary of messenger, $900. For contingent expenses. Office U.S. Asst Treasurer, SanFrancisco: For salary ofcasliicr, 82.500. For salary of book keeper, $2.000. OfficoU.S.depositar ', Cincinnati: For salary of asst eashier, 1,500. For salary of asst cashier, $1, 200. For salary of asst eashier, 31,000. For salary of teller. $1, 300. For salary of book keeper.$1.500. For salary of 2 clerks, 82, 500. For salary of clerk, H.200. For contingent expenses.$2,000.
Mr. WASHBURNE, of Illinois, I desire to offer an amendment.
Mr. HARDING, 'of Kentucky. I appeal to the gentleman’s generosity.
Mr. STEVENS. I have no generosity. [Laughten] On seeonding the demand for the previous question there were ayes 47, noes 46.
Mr. WRIGHT. I demand tellers. Tellers were refused. So
Skip Skip The previous question was 2nded. On ordering the main question there wereayes 68, noes 36.
Mr. LAWRENCE, of Ohio. I call for the yeas&nays on ordering the main question. The yeas&nays were refused. So the main question was ordered.
Mr. WASHB tNE, of Illinois. I ask for a separate vote on the amendments. Ii
Mr. HARDING, of Kentucky. I ask for a separate vote on the amendment of the Gentfrom Illinois [IlIf. “"ASl IBCRNE] repealing a section of another law, which was not under stood by anybody.
The Speaker. If there is no objection the amendment offered by the Gentfrom Pennsylvania. [Mr. S'rsvizxs] will be reserved until the others are acted upon. The question being taken on agreeing to the rest oft ie amendments reported from the ComWhole, they were agreed to. The question recurre on the amendment reserve on motion of Mr. HARDING, of Ken tueky, namely, to add to section 3 the following: " And the 24th section of the not entitled An act to amendan act entitled 'An act for enrolling and calling out the national forces and for other purposes.’ approved March 3.1853, "and approved uly 2 11, 864, e and the same is hereby, repealed.
Mr. HARDING, ofKciitucky. I ask to have the 24th ‘section. which that amendment proposes to repeal, read.
Mr. HARDING, of Kentucky. I appeal to the gentleman to withdraw his objection. ‘I simply want the law read that you propose to re ca.
Mr. HARDING, of Kentucky. rise to a question of order. Is it in order in a mere appropriation bill to repeal an existinglaw that vests title without having that law read?
The SPEAKER. It is too late; the bill is reported from the ComWhole.
Mr. HARDING, of Kentucky. Another point of order. I was sitting here all the time and the noise was such that I did not h081‘ 1t, and I was not aware of the amendment being made until the gentleman told me. That was the 1st information I had.
Mr. BINGHAM. miobjection. I renew it. ‘very men) ber of the House is supposed to understand what the law is.
Mr. HARDING, of Kentucky. I demand the yeas and naye on the amendment. Tevcas&nays were ordered.
Mr. TRIMBLE. I rise to a point of order. I think I have a right to know, before I vote on this question, what law is repealed.
The SPEAKER. The Chair overrules the point of order on the ground that every member of Congress is presumed to know every law that has been passed.
Mr. TRIMBLE. That is a very violent presumption. [Laughter.]
Skip Skip The question being taken on agreeing to the amendment, it was decided in the affirmativeyears 88, nays 38, not voting 61;. So The amendment was agreed to. During the roll call, Mr. WashBURN, of Indiana, stated that his colleague, Mr. Oa'ru, was confined to his room by sickness. The result having been announced as above recorded, The question recurred on the amendment of Mr. S'rsvsa's to reinsert the 2nd section of the bill; and there were ayes 35, noes 30; no quorum voting. Mr. WASHBURNE, of Illinois, demanded the yeas&nays. The yeas&nays were refused. Mr. wASHBURNE, of Illinois, demanded tellers on the yeas&nays. Tellers were refused. Tellers were then ordered on agreeing to the amendment; and the Chair appointed Mr. WASHBI‘RNE, of Illinois, and Mr. Stevens. The House divided; and the tellers reported ayes 60, noes 37. So The amendment was agreed to. l. I The bill as then orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time. Mr. STEVENS. I demand the previous question on the passage. The previous question was 2nded and the main question ordered. Mr. ARDING. ofKentucky. I demand the yeas&nays on the passage. The yeas&nays were refused. Mr. HARDING, of Kentucky. I demand tellers on the yeas&nays. Tellers were refused. The bill was then passed. Mr. STEVENS mtRtv the bill was passed; on the table. agreed to.
Mr. ANCONA. I demand the regular order. ELECTION CONTEST FULLER vsnsvs nurses. The House resumed the consideration of the regular order of business, being the consideration of the report of the ComElections in the case of Fuller vs. Dawson, from the 21st conressional district of Pennsylvania, on which Mr. Puss was entitled to the floor.
Mr. PAINE addressed the House. MISSING [His remarks will be found in the Appendix.]
The resolution reported byt e ComElections was as follows: Resolved, That Hon. John L. Dawson is entitled to retain hisseatasRepresentativein the 39th Congressfromthe 21stdistrict of the state of Pennsylvania. The pending question was upon the motion 'of Mr. SCOFIELD to amend by striking out all after the word “resolved” and inserting in lieu thereof the following: That Hon. John L. Dawson is not entitled toretain his seatas Representativein the 39th congress from the 21st district of the State of CRIe'IsHoSlYvIeVdR, OIB“ That Smith Fuller is entitled to asent as a Representativein the 39th Congressfrom the 21st district of Pennsylvania.
Mr. SCOFIELD. I call for the yeas&nays on the amendment. I'he question was taken upon ordering the yeas and iiays; and upon a division there were ayes 13, noes 95; not one 5th in the affirmative. Before the result of the vote was announced, Mr. HOTCHKISS called for tellers on order in the yeas&nays.
Skip Skip The question was taken; and there were, upon a division ayes 13, not one 5th of a quorum. So tellers were refused, and the yeas and an s were refused. The amendment was then disagreed to. The question recurred upon the resolution reported by the committee. Mr. SCOFIELD. I 'call for the yeas&nays on agreeing to the resolution. The question was taken upon ordering the yeas&nays; and upon a division, there were ayes 16, noes 100. So (one 5th not voting in the affirmative) the yeas&nays were not ordered. The resolution of the committee was then agreed to. Mr. PAINE mtRtv the resolution was agreed to; on the table. agreed to.
Mr. PAINE, from the ComElections, reported the following resolution; which was read: considered, and agreed to: Resolved, That there be paid to Smith Fuller. out of the contingent fund of the House, the sum of $21,500 in full or time spent and expenses incurred in contesting the right of Hon. John L. Dawson to ascut in this House‘us a 21st congressional Reprpsentativo from the district of Pennsylvania.
Mr. DAWES mtRtv the resolution was agreed to; on the table. agreed to. PREVENTION OF saINGGLING.
Mr. ELIOT submitted the following report: The committee of conference on the disagreeing votes of the two Houses on the hill (5. No. 2.? entitled “An not further to prevent smuggling, and tor other purposes" having met.after full and tree conference l ey have agreed to recommend, and do recommend.to their respective Housesas follows; That the Senate agreeto the hrst, 2nd.3rd, 4th. 6th, 7th, 8th 9th. 10th. 11 th, 12th , 13 th, 14th and 15th amendments as the same were made by the HoRep. That the Senate agreeto the 5th amendment of the HoRep to the bill. With the followmg amendment, toWit: insert in place of the words stricken out by the HoRep the words following: “In all cases wherethe possession of such goods shall be shown to be in the defendant or where the defendant shall be shown to. have had possession thereof, such possession shall be deemed evidence sufficient to authorize conviction, unlessthe defendant shall explain the possession to the satisfaction of the ury." That the HoRep agree to the said amendmentto the hi 1. JOHN CONNES S. L. M. MORRILL. Manager: on the part of the Senate. THOMAS D. ELIOT, Managers JOHN L. THOM AS. on the part of the House.
Skip Skip The report of the committee of conference was agreed to. Mr. ELIOT mtRtv the report was agreed to; on the table. agreed to. OFFICERS OF THE ARMY.
Mr. BINGHAM. I ask unanimous consent to take from the Speaker’s table Senate amendments to the JtResolution (H.R.No. 101) for the relief of certain officers or the Army.
Mr. HARDING, of Kentucky. I object. ASSAULT UPON A MEMBER.
Mr. SPALDING. I rise to a question of privilege, and call up the resolutions of the select committee relative to the assault upon the Gentfrom Iowa, [Mr. GRIXXELLH
Mr. ALLEY. If the Gentfrom Ohio [Mr. SPALDING] will yield to me, I will move to ad‘onrn.
Mr. ALLEY. Imove that the House adjourn. The motion was a reed to; and thercu on (at 5 o’clock p. m5 the House adjourned).
Skip Skip PETITIONS, ETE. The following petitions, ke" were presentedunder the rule and referredtothe appropriatecommittees: By Mr. KASSON: The petition of E. W. Fullerton. garnadnOtinthgers, for the passageof the bill H.R.No.30!) aid to StateLine railroad in own. Mr. LONGYEAR: The memorial of John D Par (burst. late catain company A, 8th U.S. ' cteran volunteers asking relief touching certain moneypaid him bggtheU.S.through the Merchaiits’ National ank, of Washington. DistColuandlost by the failure of said bank. By Mr.’ SCHENCK: The petition of Private Ed wai d Quinn. a old soldier of ordnance battalion, U.S. riny, praying to berelieved from the cflect of lossof time betweencnlistments. Also the memorial of A. Gicsou and 5others, of NewYork, officersof U.S.volunteers, who Wei epromoted from the ranks after the 3dof March. 1865, praying that the law may be so amendedas to extend to them the benefitof the 3 months’extra 173" IN snmrn.’ SATURDAY, July 14, 1866. Prayer by Rev. '1‘.G. FREEMAN, of NewYork. On motion of Mr. WILSON, and by unanimous consent, the reading of the Journal of yesterday was dispensed With., PETITION. Mr. GUTHRIE presented a memorial of the board of directors of the Louisville and Port land canal, praying for a loan of $1,000,000 in Government bonds, secured bya 2nd mort gage on the canal and enlargements, to enable the company to complete the work; which was referred to the ComFinance. REPORTS OF COMMITTEES. POLAND. I am instructed by a majority of the ComPubBldg and Grounds, to whom was referred the petition Of Henry S. Davis, to report a bill (S.No.427) for the relief of Henry S. Davis, accompanied by a report, which I ask to have printed., The bill was read a 1st time by its title and passed to a 2nd reading, and the report was ordered to be printed.
Mr. POLAN D. I am instructed by the chair man of the committee to say that he designs to submit a.minority report, which he wishes to have printed with the bill reported by the majority of the committee. BILL INTRODUCED.
Mr. JOHNson asked, and by unanimous consent obtained, leave to introduce a bill (S.No.428) for the relief of the sufferers by the late fire at Portland, Maine; which was read twice by its title, laid on the table, and ordered to be printed. COLORED SOLDIERS, BOUNTIES.
Mr. WILSON. I move to take up the JtResolution (H.R.No. 176) amendatory of a JtResolution entitled “ A resolution respecting bounties to colored soldiers, and the pensions, bounties, and allowances to their heirs, ” approved Jone 15, 1866, for the purpose of recommitting it. The motion was agreed to.
Mr. WILSON. I now move that the resolution be recommitted to the ComMilAffrs . The motion was agreed to. EQUALIZATION of BOUNTIES;
Mr. WILSON. I move to take up the House bill to equalize bounties with the view to have it specially assigned for Tuesday next. The motion to take up the bill (H.R.No. 602) to equalize the bounties of soldiers, sail ors, and marines who served in the late war for the Union, was agreed to.
Mr. WILSON. I now move that the bill be postponed until Tuesday next, and be made the special order for that day at one o’clock. The motion was agreed to.JtCom ON BETRENCHMENT.
Mr. EDMUNDS. I move that the Senate proceed to the consideration of the House concurrent resolution providing for the appointment of a JtCommee on the subject of retrencbgmnt. The motion was agreed to; and the Senate proceeded to consider the following resolution, which was received from the HoRep on the 2d of July: Whereas the financial condition of the I'U.S. demandsthe exercise of a rigid cconomyin all depts of the GPVGI'DmOnti, n order to sustain the credit of the nation and to relieve the people at the earliestpossibleday from the burden of excessive taxation; and whereasthere is reasonto believe that in manydeptsof the civil service abuses have for a long time crusted and still exist, in the perpetuation of iuscless officesa nd siuecures.in extravagant salaries and allowances, and in other unnecessary and wasteful expenditures: Therefore, Resolved concurring. the HoRep(the Senate That a joint select committee be appointed.to consistoftwo membersof the Senate and 3 members of the House to be styled “ the joint select comRetrenchment; that said committeebeinstructedto inquire into the expenditures in all the branches of the civil service of the U.S and to reportwhether any, and what, Offices to be abolished whether any and what. sala ries or allowances ought to be reduced; and generally how, and to what extent, the expenseso the civil serviceof the country may and ought to be curtailed. That said committee be authorized to sit during the recess of Congress, to send for persons and papers, and to report by bill or otherwise: and that said committee may appoint a clerk for the term of 6 months, and no more.
Mr. SHERMAN. I move to amend the resolution by striking out the word “civil” before “service” wherever it occurs, so that it may apply to all services.
Mr. EDMUNDS. I move to amend the res olution byinserting after the word “ reduced, ” in the 7th line the words, “ what are the methods of securing accountability in public officers or agents in the care and dish sement of public moneys, whether moneys h e been paid out illegally, and whether any officers or agents or other persons have been or are engaged in the service without authority of law or unnecessarily."
Mr. ANTHONY. I have an amendment, which I offer at the suggestion of the Senfrom Missouri, LMr. Biiowx] who re nests me to offer it in his absence. I hearti y concur in it. it is to insert after the word “curtailed, ” in the 9th line of the resolution, the following: inAgnd also to considerthe expediencyof so amend the laws under which appointmentsto the civil serviceare now madeas to provide for the selection of subordinate officers after due examination by properboards, their continuancein officeduring spe cifledterms, unlessdismissoduponchargespreferred and sustainedbefore tribunals designatedfor that purpose and for withdrawing the civil servicefrom cing used us u.ninstrument of pohtical or party patronage.
Mr. EDMUNDS. I certainly entirely agree to the propriety of what is contained in that amendment; but it appears to me, and has appeared to other gentlemen with whom I have consulted upon the subject of the amendment of the Senfrom RhdIsland, for it has been talked about, that if thiscommittee properly perform the duty which the resolution already provides for, it will have suificient labor on its hands from now till the 1st of December, during all the time it would be willing to work. By providing for too many subjects of inquiry we are, I fear, likely not to accomplish anything. I would prefer, therefore, that this amendment should not be adopted to this res olution; but I should most heartily go for it as an independent proposition committed to some other committee so as to be sure to have the service performe; for it is very important, certainly sufficientlyimportant, to engage the attention of a special committee on that subject alone. MLANTHONY. I think that the committee cannot well examine the subject that is already committed to them by the resolution without taking into consideration the subject of the amendment of the Senfrom Missouri. I think that in examining the 1st question they will be necessarily obliged to examine the 2nd. If it should be found that they have not time to examine the whole, they might make a supplementary report; butit is better, I think, that tilde whole subject should be referred to one committee rather than to two.
Mr. EDMUNDS. There is great force in what my friendfrom RhdIsland says, and I shall not oppose the adoption'of this amendment; but if it be adopted I shall propose an increase of the number of the committee, so that the work may be subdivided and the thing accomplished in that way.
Mr. ANTHONY. I will strike out the word “civil” before “service, ” to make it corre spond with the amendment of the Senfrom Ohio.
Mr. SHERMAN. Oh no; that should not be done, because officers in the military and naval service cannot now be dismissed except on the finding of a court martial. They come within the rule proposed, so that this amendment should be confined to the civil service.
Mr. EDMUNDS. I move now to amend the resolution by striking out the word “ two, ” in the secondlinc, andinsertingthe word “ 3;” and by striking out the word “ 3, ” in the 3rd line, and inserting the word “5;” so that the committee will consist of 3 members of the Senate, and 5 melfbers of the HoRep. /' The amendment was yd to.
Mr. JOHNson. Theresolution is so framed, I suppose, that it is not to be submitted to the President. I think the language is: “Renolsrd by the HoRep (the Senate concurring)". I ask my friendfrom Vermont whether he supposes that that resolution is to be sent to the President in the ordinary way.
Mr. EDMUNDS. The honorable member from Maryland is much better versed in constitutional law than I am; but if he wishes iny opinion, I will state it frankly, that I do not think aresolution of this (Inscription requires to be sent to the POTUS for his approval; that it is a species of inquiry which Congress, as the grand inquest o the nation, as it is sometimes called, may, just as well out of session as in session. by its committees enter into if there be sufficient occasion for it.
Mr. JOHNson. My honorable friend misunderstood me. I was not. saying it was not in the power of Congress to institute an inquir of this sort without the sanction of the Prest dent. I merely asked whether the resolution was intended to bearesolution of that description.
Mr. EDMUNDS. It is intended to be a res olution of inquiry and investigation of the 2 Houses.
Mr. ED M UNDS. Merely. The resolution, as amended, was adopted.
UNIFORM BANKRUPT LAW. in. POLAND. I move to take up the bill to establish a uniform system of bankru tey. I do not ask to have it taken u for consi cration now, but merely to fix a time for its consideration. I trust that it will be assented to and taken up for that purpose merely. The motion was agreed to; and the bill (H.R.No. 598) to establish a uniform system of bankruptcy throughout the U.S. was to. on up.
Mr. POLAND. I move that the bill be made the special order for next Monday at one o’clock. The motion was agreed to.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. MePunasox', its Clerk, announced that the H0150 had concurred in the report of the committee of conference on the bill (S.No.222) further toprevent smuggling, and for other purposes. CIVIL APPROPRATION BILL. The message also annomced that the House had passed a bill (H.R.No. 737) making 3p. propriations for sundry civil o x em, “ of the government for the ear ending une 30, 1867 and on motion of it Mr. Fassssnan ii, was rim twice by its title and referred to the ComFinance. LEASING of MINERAL SPRINGS. I.
Mr. HARRIS. I move that the Senate pqro eeed to the consideration of Senate hill 0. 351. The motion was agreed to; land the Senate, as in ComWhole, resumed the consideration of the bill (S.No.351)to authorize the SecyInteripr to lease such of the public lands of the U.S. as are known as saline lands or lands containing mineral springs, and to provide for the preservation and develOpment of the same. The bill was reported to the Senate as amended.
The PRESIDENT protempore. The question is on concurring in the amendment made as in ComWhole.
Mr. GRIMES. I call for the reading of the bill.
The Secretary read the bill as amended, as follows: Be it enacted, the" That authority is herebygiven to the SecyInterior to lease to responsible partiessuch saline land or lands containing mineral a rings, situated east of the 107 meridianof longitude, asin his judgment may be leasedwith‘advantugeto the Government and the public: Provided. That no such lease shall be for a ongerperiod than 25 years, subjectto read justment ever 5 years by disinterestedreferees nor at a rate 0 rentallcss than the revenue assesse from time to timepn manufacturedsalt orineometax upon mineral springs by act of Congress. SEC. 2. Abife: That the SecyInterior shall prescribe all necessaryrules an regulationsfortheleasing. prescmng and devel 0 mg said saline lands and mineral springs, and for tosecuring and collection of the revenues due to the Government therefrom: Provided, That such rules and regulations may be subject to revision by Congress.
Mr. CONNESS. I should like to inquire of the honorable Senator who has charge of this bill what is meant by the words on the last line of the 1st page “income tax upon mineral springs by not of Congress.” what is the prescp’t7 “tax on mineral springs by not of coness
Mr. HARRIS. I am not able to state what the income tax charged on mineral springs by ‘act of consea is.
Mr. POMEROY. Mineral waters are taxed so much perbottle. I understand that when they are put up in bottles and inade‘nerchan discof the are taxed.
Mr. CONNESS. I should like to inquire of the Senator whether he can tell us how and why saline lands or salt lands and mineral springs are reserved from sale, under what law.
Mr. HARRIS. I cannot point out the law, but I am sure there is one; and it has been the policy of the Government never to sell them. bey have never been sold.
Mr. POMEROY. When a State is admitted into the Union it is allowed 12 at least Kansas was and the Government reserves the remainder. my State.
Mr. HARRIS. As I understand it, each new State, on its admission, is allowed to receive some 6 springs, or some number of sprin Mr. POMEROY. From 6 to 12.
Mr. HARRIS. And the rest is reserved to the General Government.
Mr. ARRIS. Those are not the islands to which the Secretary of' the Interior referred.
Mr. CONNESS. Certainly they are, for there are no other islands in the bay. The SecyInterior refers also to the islands known as the Farallones, which are outside of the harbor. Those islands are held by certain parties who claimed them at a very early day, and they are very valuable because the are inhabited by vast flocks of wild ducks another birds. They deposit their eggs upon the islands, and they are taken to market by persons who have had quiet possession of those islands since that country was settled. There have been a great many quarrels in regard to the possession of these islands, and parties who have failed to get legitimate pussession now seek to get possession from the Government, and make applications for that purpose. The whole business seems to me to be utterly out of our sphere and improper to be done.
Mr. POAIEROY. I 0 not like to occupy any time in regard to this bill; I will only say that it is entirely different from the hills which the ComPubLands have usually reported. We have been charged almostevery day with trying to get some lands from the Government that belong to the Government, and we thought we would see ifwe could get some revenue to the Government from the public lands. Under the tax bill of dast year we taxed mineral water about 2 cents a bottle. It was thought to be, and it was, quite a source We cannot buy a salt spring in of revenue. This year it is put on the free list. I believe in the new tax bill mineral water does not pay anything, so that the provisio the Senfrom California s oke, of' may a well be stricken out, because this present law does not require anv tax on mineral water. a coNssss. You had bum strike it all out.
Mr. POMEROY. But I have this to add: it is as legitimate a source of revenue to the Government as any other source that the government can apply t o. The Senfrom california says there is nothing too good for the American people;.they own the whole country, Government and all. That is pretty nearly true; but while there is not anything too good for the American people that the Government owns, yet the Government is not in the habit of giving to the American people everything they have without some consideration. I do not know what right the Government, or congress, which administers the affairs of the government, has to give away valuable things without some consideration. Ifwe were out of debt, and did not oweanything, and did not need to collect any revcnue, we could afford to be very generous and give to individuals what belongs to the public; but I do not believe that that is right under the present condition of affairs. I believe the Government, and not individuals ought to acquire what benefits can be derived from these springs; and whatever lease can be put upon these mineral springs that will produce money to the Government is a legitimate source of revenue. The ComPubLands have not reported bills of this character heretofore, but we thought, as we were.trying to get revenue out of everything, that this was a legitimate source of revenue. At any rate, it was recommended by the SecyInterior, and we reported the bill. If the Senate do not want to pass it, they can kill the bill. We thought the Government would realize something out of it; but if the Senate think otherwise, let them defeat the bill.
Mr. GRIMES. If this bill emanated from the SecyInterior it certainly came from a source that entitlesit to the utmost consideration; but I trust that the Senate will not rocced to pass it until they have maturclly deliberated upon the effect that it is likely to rave and the new principle that is involved in it. suppose the Senfrom NewYork will agree with me that up to this time the Government never has embarked in this business of becoming a landlord, and having a portion of the people of the country become its tenants. I wish it to be understood, too, that this bill does not apply to the Pacific coast. The Senfrom California says that it was doubtless intended to apply there, and as it was introduced it did apply there; but the Senfrom NewYork, who has charge of the bill, has consented to an amendment by which its)fOVlSlOIlB shall only apply to that portion of the U.S. that is east of the 100th meridian.
Mr. POMEROY. I can explain that, if the Senator desires it, in one moment.
Mr. HARRIS. The leases are not to be for a.longer period than 25 years.
Mr. GRIMES. We shall be bound up for 25 years, almost the length of a generation. I move that this bill be postponed until the 1st day of the next session. Tt is a bill which we ought not to pass at any time, in my opinion, but certainly we ought not to pass such a bill as this without the most mature reflection. The idea of this bill is that the Government shall become a landlord. Why do you not apply the principle to your iron ores? Why do you not ap yit in the same i manner to all your iron on fiako Superior and in Missouri? Why do you not apply it to your gold and silver? Why is i necessity of life, without hich we cannot exist at all, is selected and put into the keeping of a few men who manage to secure a lease i from the Government?
Mr. STEWA RT. I do not like the principle, of this bill. It is not guarded so as to protect the people in these salt regions. It simply authorizes the Interior Dept to lease the mineral springs. Of course those leases will depend upon the representations that the parties interested make to the Interior Dept. It does not provide for having surveys, or any authentic information on which we could I act. Under the bill, one individual may obtain lenses for all tbomineral springs in a given section at a nominldprice, and thus monopo lize this most essential article for the region at this absolute a l round about those springs. The cost of it at present de ends principally upon the freight. This bill tirows it open to vast monopolies, and in my judgment it is a very dangerous bill. If there is to be anything done with salt mines or any other mines the plan should be, when there is sufficient information about them, to bring them into market, when it can be done ciguitably. When the' subject is understood; when a plan shall have been developed and we have acquired sufficient information to act upon it, let these salt springs and saline lands fall into private hands; let there be competition; let anybody make salt who desires to do so; but let us prevent a monopolizin of salt mining. Whenever a plan of that kind can be matured, we should pass it; but until then there should not be any action on the subject. Until then it ought not to be in the power of the SecyInterior, or any ot ier head of a Dept, to make contracts whereby these most necessary springs shall be monopo lized. It is a very dangerous thing. I do not know the extent of the springs in the East, in Kansas and Nebraska, but I now
Mr. HOWARD. I wish to ask the Senfrom Nevada whether it is not better that the Government should put these saline s rings under some regulations, so that the rights of all parties to them may be understood and settledl: rather than that the springs should become the object of a scramble on the part of squatters to go and take possession of) them, and to hold them in defiance of the rest of the public and to the prejudice of the Government, while the spring itself yields no sort of revenue at all. ‘hat I understand to be the state of facts in regard to very many of these salt springs.
Mr. GRIMES. Let me say to the Senator he is entirely mistaken. All salt springs are reserved.
Mr. GRIMES. Nobody can take a preemption on them; nobody can occupy them as squatters.
Mr. HOWARD. I do not speak of preemption. Certainly they are not subject to preemption, but they are subject to forcible entry and detainer on the part of the squatter, if he is bold enough to enter and take possession; and that is almost universally the case, I understand. The object of this bill is to endeavor to get some revenue for the Government and reduce the thing to regularity, so that the people may know what their rights are.
Mr. STEWART. There will be agrevenuc that you may decide on in advance; there will be no revenue to the Government, but there will be some oppression to the people unless the bill is properl guarded.
Mr. DOOLITTLE. Ifthe Senatorwill allow me, I will state a fact which occurred in Wisconsin, and which perhaps may illustrate this matter of leasing mines. The Government of the U.S. undertook to lease mineral lands in the State ofWiseonsin and in the northern part of Illinois and Iowa. Theyleased them at a.very early day. The result was that after considerable experimenting they abandoned the whole thing; and they paid back from the Treasury all the money they ever received from the lessees; and since I have been a member of Congress there have been one or 2 claims presented, and Congress has, bylaw, paid back the money which had once been received from the lease of the lead mines. Then there were agents and salaries and all that connected with the leasing. Now, some of these salt mines and mineral springs are found overflowing upon the face of the earth, but the great mass of salt springs are always found as we find the petro leum, by boring into the earth and finding the springs; and this matter of finding salt springs is a matter of mining, just like the mining for minerals of any sort. I think, however, that our experience in Wisconsin and Illinois is anything but such an experience as would induce us to enter upon such a policy in relation to the suit springs.
The PRESIDENT proiempore. 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. 381. USE OF THE MARBLE ROOM.
Mr. TRUMBULL. Before proceeding with that bill Iask the permission of the Senate, and of the Senator who has it in charge, to submit a resolution to which I trust there will be no objection. I will state before the resolution is read that there is a misunderstanding in regard to the rules of the Senate. The ante room, known as the Marble Room, has always been used as a retiring room for Senators, and well persons as they might wish to consult with nring the open sessiond of the Senate, and it is very convenient to have that use. We must have some place where we can take the er sons who ca lupon us aside. The officers of the Senate understand the Marble Room to be a art of the floor of the Senate. It has never been so understood since I have been a member of this body. I think it is a misconstruction of the role. But in order that there may be no difficulty about it I offer a resolution on the subject, which I ask the Secretary to read, and to which I trust there will be no objection. The Secretary need the resolution, as follows: Resolved, That the ante room.known astheMarble om, beingdesignedas aretiring roomfor Senators and such personsasthey may think proper to invite into the same.the officersof the Senatebe directed not to interfere with such useofsaid roomduring the open sessionsof the Senate. The resolution was considered by unanimous consent, and agreed to. CALEB T. FAY AND WILLIAM Y. PATCH.
Mr. CONNESS. With the consent of the honorable Senator having charge of the pending business, I ask unanimous consent to offer a resolution authorizing the SecyTreasu to audit and settle the accounts of Caleb. Fay and William Y. Patch, late as sessor and collector of internalrevenue at SanFrancisco. I also ask for the reading of the accompanying letter from the SecyTreasu with the resolution.
The Secretary read the resolution, as follows: Resolved by the Senate.(the HoRep concurring.) That the Secretary of the trensu be authorized to audit and settle the accounts of Cale T. Fay and William Y. Patch. late assessorand collector of internalrevenue at SanFrancisco.astohim may appearjust and equitable.
The PRESIDENT protempore. The Senfrom California asks for the present consideration of the resolution. 8 there any objection?
Mr. CLARK. I do not like to object to a resolution of this kind
Mr. CONNESS. Will the Senator hear the letter of the SecyTreasury read?
Mr. CLARK. Not now, because that would be the consideration of the resolution. I do not like this way of havinga bill come up, and then allowing various little matters to comein, with the consent of the Senator having it in charge, because it tends to confuse business and is merely a method of getting in one thing ahead of another. I have not the least objection to the Senator’s resolution; butI have an objection to its being considered while the other bill is‘reall before the Senate.
The PRESIDENT protempore. Is there any objection to the present consideration of theresolution submitted by the Senfrom California?.
Mr. CONNESS. I desire to get the attention of the Chair to make an explanation.
The PRESIDENT ro tempore. No expla nation can be made when there is an objection to the consideration of the resolutidn. The 1st question is, Will the Senate unanimously consent to consider the resolution now? And any objection carries it over. Mr. CLARK. I will withdraw the objection if the Senator desires to make an explanation, if I can have the privilege of objecting after war.
Mr. CLARK. That will be for the Chair to decide. '
The PRESIDENT otem ore. The Chair thinks that if the objection e withdrawn for the purpose of explanation, it is withdrawn altogether, and that the resolution is before the Senate to be considered.
Mr. SHERMAN. I object to it, because I think it is a waste of time to be introducing resolutions in this way.
The PRESIDENT protempore. Objection being made, the resolution lies Over.
Skip Skip The amendment was agreed to. The committee also proposed to add to section 3 the following words: “and that the lands to which said company shall be entitled shall not be subject to any general or local taxation for any purpose whatever for the pe riod of 5 years after the issuing of patents for the same."
Skip Skip The amendment was agreed to. The committee proosed to strike out section 4 in these wor s: Size. 4. Abife: That whencver any grant, donation. power, or franchiseshall begranted to and accepted y, or in anymannerbeaequiredby. the Northern Pacific Railroad Company, in conformity with the provision of its act of incorporation, the acceptanceby said Northern Pacific Railroad Compangvofsaidgrant franchise.donation.orpower shall conerupon the Northern Pacific Railroad Company all the rights, powers and privilegesof the grautpr franchisesotransferredand accepted, and the prov1sionsof thisact. (pgetherwithallt e privileges.grants, rights. iinmunitics. limitations.andrestrictions of the said notincorporatingtheNorthifin Pacific Railroad Company shall be construed to apply to all such grants.franchises and powers as maybe conferred upon or acquired by the Northern Pacific Railroad company.in the some manner and to the same effect asi such acquired grant, franchise or poirer had been a part of the original line and grant of said company: Provided.That this section shall not be construedto authorize any pledge of the credit of the U.S. further than is herein'ooforoin this act providedfor.
Skip Skip The amendment was agreed to. Section [5] 4 provides that the com. pany may within the imitation prescribed by this act and the original act of incorporation from time to time alter and change the location of its line wherever such change will the better carry out the purposes set forth in the act of incorporation, by filing in the office of the SecyInterior 0.description of the new line adopted; and that the line upon which the road shall be finally located and constructed shall determine the location of the lands granted to the company by its act of in corporation and the company is to have power to increase its capital stock, if the same shall be necessary for the completion of its road, to an amount not exceeding $150,000,000. Section [six] 5 provides that 3/4ths of the board of directors shall always be citizens of the U.S., and that no money shall be paid on account of this bill until an appropriation shall have been made for that purpose; and the words “ Puget sound” in the charter and in this act shall be construed to mean all the waters connectedwith the Straits of Juan deFuca. The committee proposed to amend the section by inserting after the word “ directors, " in line two, the werds “of said company.”.
Skip Skip The amendment was agreed to. The next amendment was in the same section, lines 3, four, and 5, to strike out the words “and that no money shall be paid on account of this bill until an appropriation shall have been made for that purpose.”
Mr. HOWARD. I hope the Senate will not concur in the amendment.
Mr. HOWAltD. the reason for not concurring is that if the words be stricken out, when the bill goes to the HoRep it will become necessary to refer it to the ComWhole.
Mr. GRIMES. Do Iunderstand, then, that the bill makes an approriation ‘I
Mr. HOWARD. It oes not make an appropriation.
Mr. GRIMES! Then why does the Senator desire to strike out those words 'I
Mr. GRIMES. Certainly; the idea is that the oliicers will be justified in paying out the mo y if these w0rds are stricken out. 'Ige quesTTbn being put on the amendment, there were, uppn a division ayes 7, noes 15; no uorum voting.
Mr. GRIMES called for the yeas&nays, and they were ordered.
Mr. EDMUNDS. The objectof this clause, as I understand it, is that this shall, after all be kept within the control of Congress, and that the Treasury shall not pay out monc in support of this grant unless there shall e a specific appropriation for that purpose. The committee supposin that to be unnecessary, in reporting the bill t ought it proper to strike out those words. Now in my opinion, they on ht to stand, so as to heep it within the contro of Congress, and in that opinion I under; stand the committee now concur.
Mr. EDMUNDS. Therefore I am desirous that the Senate should disagree to this recommendation of the committee, leaving these words to stand, so that it be a part of the law that money shall not be paid out without an appropriation for it. I am sure with that understandin" no gentleman can object to retaining the wor s.
Mr. SHERMAN. On the question being put, I voted for striking them out, but I see that I voted unramisapprehension. I think the words ought o be retained in the bill, and then Congress may judge from time to time whether they will make appropriations.
Mr. HOWARD. Certainly; and that is my motion: that the Senate non-concur in this amendment of the committee.
Mr. POMEROY. If the Chair will put the question again it will be understood without calling the ycus&nays.
The PRESIDING OFFICER, (Mr. ANTHONY in the chair. The call for the yess&nays may be with rawn b unanimous consent.
Mr. CLARK. I0not see how that can be. The last decision of the Chair was that there was no quorum. It is not competent to do any business until it is ascertained that there is a uorum here.
The PRESIDING OFFICER. The Senfrom NewHampshire is correct.
Mr. GRIMES, and others. That can be ascertained by another division.
Mr. CLARK. I have no objection to allowing the call for the yeas&nays to be with drawn by unanimous consent if we are to have another division.
The PRESIDING OFFICER. The Chair will regard the call for the yeas and nnys as being withdrawn, and will put the question again 'on the amendment
Skip Skip The question being put, there were, on a division ayes none, noes 30. So the amendment was rejected. Section [ 7 ] 6 provides that the act shall take effect on and after its passage. The committee proposed to strike out the words “this act shall take effect on and after its passage, ” and to insert " Congress may at any time alter, amend, or repeal this act." The amendment was agreed to.
Mr. HOWARD. I move to amend the 5th section by inserting “at least” after “that, ” in line one of section 5 so as to read, “that at least 3/4ths of the board of directors of said company shall always be citizens of the U.S.”
Skip Skip The amendment was agreed to. The bill was reported to the Senate as amended and the amendments were concurred in.
Mr. SHERMAN. I must confess my surprise, and under the circumstances of the country my chagrin, at the probable passage of a bill oi this character at this period of the session. I supposed that when this project was introduced into the HoRep, elaboratelydcbated and discussed there, and defeated by a very decided vote, after a full understanding of the subject, a more objectionable bill would not then be introduced into the Senateflnd be fortd through at this period of the session. This ill proposes to grant to an existing corporation a guarantee of stock to the amount of $102, 143,000; and it proposes to pay to this company $122, 571, 600. This company has already received from Congress a grant of land amounting to 47,360,000 acres, being twice the grant given to the same length of line of the Union Pacific railroad or any other railroad that ever was proposed or rojected in this country. The land grant made to this railroad is twice as large as any that has been made to any other railroad; and it was on the express ground that it was to be a land grant road. It was introduced and advocated and we pqssed it on the specific stipulation that no money grant and no unrantee should be made to this road. Its projectors pledged themselves and their reputation that they would build it upon the grant of land; and I remember very well that the chairman of the ComPublicLands, in introducingthe bill, said that the grant was made twice as large as to any other road on that ground.
Mr. POMEROY. I wish to correct the Son ator in one respect. The bill came from another committee altogether. It was reported by the Senfrom Wisconsin. I was not on the committee that reported the bill. I objected a little to the grant of land on the ground that it was too large, but finally yielded to because the road was to he a land grant roa.
Mr. SHERMAN. I remember hearing the Senfrom Kansas state distinctly that he yielded to the grant on the ground that it was a Pacific railroad which was to receive no money, and therefore was entitled to double the usual rant of land.
Mr. POMEROY. But it came from another committee altogether.
Mr. FESSENDEN. Why, then, did the Senator vote to retain that clause?
Mr. SHERMAN. I wanted the Senate to have the bill before it just as it is. I wanted to show precisely the purpose of it. I did not want to etch up the bill.
Mr. ESSEh DEN. Suppose this clause was stricken out, as was recommended by the committee originally, what would be the result?
Mr. SHERMAN. Even then, if my friendfrom Maine will examine the phraseology of the bill, be will see that it avoids all appropriations, and that the declaration made in the clause referred to is but a declaration of the legal effect of the bill. Under the custom of the House, whenever a bill not only makes appropriations but makes a contract for an appropriation, they have usually held it to demand and require a reference. That is the point; but the clause alluded to is only putting in what is actually the legal effect of the bill; and it is done, and can only be done, for that purpose, in m judment.
Mr. GRIMES. I inquire of the Senator if this bill did not come from the ComPacificRR.
Mr. POMEROY. If this bill is to be discussed I desire to be allowed to present a report from a committee of conference. Does the Senator desire a vote on this bill today?
Mr. HOWARD. Certainly. Idesireavote on it at the earliest practicable moment.
Mr. POMEROY. Will the Senator yield to allow me to submit a report from a committee of conference?
Mr. HOWARD. that purpose. NORTHERN KANSAS RAILROAD.
Mr. HOWARD. Of course it is utterly impossible for the Senate to understand the effect of the report of the committee of conference in this case. We have hardly listened to a word of it, and if we had listened with ever so much care we could not ascertain from the more reading what will be the application and effect.of the bill now proposed. I suggest to the Senfrom Kansas the proriety of referring this report to the ComPacificRR, or to some other one of the standing committees of the Senate, in order that it may be examined, and that we may vote with more intelligence than we shall do now if we are required to vote upon it. Iunderstand it is almost entirel a new bill, a new measure.
The PRESIDING OFFICER. A motion to refer to a standing committee a report of a committee of conference is not in order.
Mr. POMEROY. I will explain in a word that the difficulty with the bill was that it came from the Pacific Railroad Committee of the other House, who incorporated into it their system rather than the system adopted by the ComPubLands. We have always reported our bills, putting in what is called the contermine us principle, adlowing no lands to be patented faster than each section of road is uilt. We have also always provided that the U.S shall deal with States and not with companies. Butthe Pacific Railroad Committee, neither of the Senate nor of the House, regard these things; and when abill goes to the Pacific Railroad Committee, it comes back in the shape of the former legislation which we had ten years ago; that is, giving lands one section in advance of completing any road that is to say, the company get one hun re and 20 sections of land before they do anythin. Under our system, the new legislation, they must build the road before they get any land, and as this bill is uarded there must he 100miles of roa built before any land is granted., The committee of conference thought it best to write it all out plain, make a model bill, one that we consider perfect, rather than to pursue the other course of numbering amendments, accepting some and receding from others by their numbers, so that nobody would know anything about it. The committee therefore wrote out in full exactly what the did mean; and it is regarded by those who have examined it as a most perfect model for a bill, because it has all the provisions that the Senate committee have insisted upon for the last 4 years, and these provisions are not insisted upon b the Pacific Railroad Committee.
Mr. ONNESS. I do not know anything about the bill that is now before us in the shape of a report from the committee of conference, and consequently shall not speak about it; I cannot tell what it is by hearing it read; but the statement of the honorable Senator in regard to the manner of transacting business in the ComPacificRR, I undertake to say, is not at all correct; and I am a little astonished that the honorable Senator, who is the chairman of the ComPubLands, should avail himself of the opportunity to make such a statement as he has made.
Mr. POMEROY. It is entirely correct, so far as relates to the House Committee; it may not be as to the Senate ComPacificRailroad.
Mr. CONNESS. The statement of the honorable Senator was that what he stated was the practice of the ComPacRailroad, both of the HoRep and of the Senate; and the report made by the reporter will show that to have been the Senator’s statement.
Mr. POMEROY. I will correct it so far as relates to the committee on the part of the Senate. I think I was wrong in flint respect.
Mr. CONNESS. The Senator then with draws the charge so far as relates to the committee on the part of the Senate. I rose to say that the committee on the part of the Senate had not, since I had a seat in it, reported any bill which proposed to pass the title of an acre of land to any company whatever until the road was 1st built. the statement of the Senator was utterly and entirely incorrect, and a mistake; and it is a very wrong thing for a senator to undertake to make an impression of this kind against a committee of this body who have ta so so much care as the ComPacificRR have.
Mr. POMEROY. The Senator will agree with me, I think, that my remark was, true of the committee of the HoRep. I have corrected it so far as relates to the Senate committee.
Mr. CONNESS. The difference to which the Senator called the attention of the Senate between the 2 modes of granting land for the construction of railroads, is this: on the one hand, the land is granted to the State for the 'company, to be disposed of by the State for the company; the disposition of the land, after the grant is made and the act is passed, is entirely under the direction of the State government; while, on the other hand, the Inn is to provide that a certain amount of Ian shall be ranted to a company and that the company shaIl not get an acre of it until the number of miles provided to be constructed by the company shall have been constructed and finished. he difference is, that in the one case the Gov'ernment‘ keeps within its own hands and possession all the land that it proposes to grant until the road is built correspondingly, and under the other system the Government passes the land to the State, and it is a matter of disposition between the State and the company. thereafter. Between the 2 systems the one is infinitely, as I think, superior to the other. I do not wish, however, and I did not rise to comment upon the system which the Senator seems to have proceeded in accordance with, but to say that his statement in regard to the mode of doing business on the Pacific Railroad Committee is not correct, and is a mistake and an error. I know nothing about this bill.
Mr. POMEROY. I stated that so far as the present ComPacificRR in the Senate is concerned, I did makea mistake. I know I did, but my statement was correct so far as refers to the ComPacificRR of the HoRep.
Mr. FESSENDEN. I am very much averse to this kind of a report, and if we suffer such a practice to ow up I do not know where we shall land in the way of legislation. The report itself may be very well for aught I know; the bill reported may be, a very much better bill than t iat which was originally peoposed;I dare say it is, if the Senfrom ansas says so. But what is the course that has been adopted? I believe it was adopted once be fore, but not with h my consent or my approbation. The idea that a committee of conference can take a bill upon which there is:1disagreement of the 2 Houses with reference to certain provisions, and redranght it entirely from beginning to end, and put in new provisions that were not in the original bill
Mr. POMEROY. I will say that there is nothing in this report that was not in one bill or the other. Every word of it was either in the House bill or the Senate bill. MLFESSENDEN. “Onebillortheother?” I take it we (lid not pass 2 bills. Did we pass 2 bills on the same subject?
Mr. POMEROY. The Senate passed one bill and the House sent back another bill as a substitute for it. We disagreed to that amendment, and then both went to a committee of conference.
Mr. FESSENDEN. Then 2 separate bills in (point of fact passed the different branches an were sent to a committee of conference, and the committee of conference have under taken to draw a new bill. I think the practice is a very loose one. I leads to the adoption of provisions which neither House has ever had an opportunity to 1215uspon. That is the result.
Mr. POMEROY.’. It may result in that way sometimes; but in this particular instance every prfivision in this bill has been in one or the other 1 3.
Mr. FESSENDEN.’ That we do not know anything about until we see what is in it. It comes in here as the report of a committee of conference, and we have to take it as a whole. We have never discussed the bill of the House. It came here as a separate and independent bill, and it was not discussed or examined here. but was simply disagreed to and sent to a committee ofconference. The result of this course is that the legislation of Congress passesentirel into the hands of a committee of ldonferencc. n the committees of conference of which I have been a member I have always been opposed to this course of flproceeding, and I have succeeded in keeping 0 new matter which had not been considered by either branch. It may be that this report is all right. I have great confidence in the judgment of my friendfrom Kansas about the bill itself. It may be a good one and well guarded, but the practice is a very bad one. I am averse, therefore, to agreeing to this report of the committee of conference, and I think it ought not tb be agreed to on the part of the Senate until the Senate have had an opportunity to compare it with the bills that were sent to the committee and see that there is nothing in it that was not contained in one or the other. For that reason I hope the Senator will consent that the report may be printed, in order that it may be compared with the other bills.
Mr. POMEROY. I certainly have no objection to that course. I agree with what the Senator has said in many respects; but I have found out that when he has made a report from a Committee of conference, it'has been generally that the Senate recede from one amendment and the House adopt another, numbered so and so, so that I am entirely at a less to know how the bill stands when he gets through. If he would reprt exactly what the committee did agree to, should always know then.
Mr. FESSENDEN. When I make a report, I always add to it that I am perfectly read to answer any question with regard to the di ferent parts of the report that any Senator desires to asks or explain the whole matter and state the differences.
Mr. POMEROY. I am perfectly willing to answer any question the Senator may desire to ask about this bill. If I am any judge of the matter, it is the best bill we have ever been able to report to either House.“
Mr. FESSENDEN. I dare say it is; but if it were to be as good as could be put down by the recording angel, and he drew it, the practice is a bad one, and it would still be equally objectionable.
Mr. POMEROY. Both bills have been ver thoroughly examined inb the 2 Houses. have no objection to any delay the Senator may desire; if he wants a postponement until Monday, be it so.
Mr. FESSENDEN. I think the report had better lie over and be printed.
Mr. POMEROY. It is all in print; there is no new matter.
The PRESIDING OFFICER. Does the Senfrom Maine move to print the report?
Mr. FESSENDEN. Not if it is already printed. I move to postpone it until Monday. The motion was agreed to. APPROVAL or arms.
Skip Skip A message from the POTUS by Mr. Enimivn Coorsn, his Secretary, announced that he had, on the 13th instant, approved and signed an act (S.No.125) granting aid in the construction of a railroad and telegraph line from the town of Folsom to the town of Placcrville, in California; and an act g8. No. 221) relating to lands granted to the State of Minnesota, to aid in constructing railroads; and on the 14th instant, aJtResolution (S.R.N o. 129) to authorize the President to place at the disposal of the authorities of Portland, Mai ents, camp and hospital furniture, and do iing for the use of families rendered houseless by the late lire. EXECUTIVE SESSION.
Mr. WILLIAMS. Under the circumstances, in view of the uncomfoi tahleness of the room tO day , I move thagthe Senate proceed to the consideration dfexecutive business.
Mr. WADE. I hope not. I have been trying to get the floor for some time in order To call up the bill equalizing the salaries of the employees of the Senate and House, but I have been unable to get the door latterly. It is early to go into executive session now, and I hope we shall not do it. The motion was ed to; and after some time spent in executive session the doors were reopened, and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. SATURDAY, July 14, 1866. The'House met at 12 o’clock in. Prayer. by the Chaplain, Rev. C. B. Born ox. The Journal of yesterday was read and approved. ASSAULT UPON A MEMBER.
The Speaker. The 1st business in order is the consideration of the question of privilege pending at the adjournment yesterday. The Gentfrom 0 io [Mr. Srsnnixo] is entitled to the floor.
Mr. SPALDING. I move that the further consideration of this question be postponed till the expiration of the morning hour. The motion was agreed to. BRIG RESOLUTE.
Mr. ELIOT. I ask leave to withdraw from the files of the House certain papers belonging to the owners of the brig Resolute, which were referred to the ComCommerce, and are now wanted at the Treasury Dept. Leave was granted. BRIDGE ACROSSTHE MISSISSIPPI.
The Speaker. The 1st business in order during the morning hour is the consideration of the bill reported from the comPostOffice by the Gentfrom Massachusetts [Mr. Ai.Li:Y] the bill (S.No.23d) to authorize the construction of certain bridges and to re'establish them as post roads. The pending question is upon agreeing to the amendment of the committee as amended by the House.
Mr. ALLISON. The Gentfrom Massachusetts yields to me t art I may offer as an amendment to the amendment the following, to come in as a new section: Abife: That a bridgemaybecon strnctedand maintainedacrossthe Mississippi river, beutqwueoe. innDnuleith. in the State of Illinois and Du the Statepf Iowahwith the consentof said States provgouslygiven or creafter acquired.with the same privileges.upon the same terms.andunder the same restrictionsas arecontainedin this act for the construction of a bridge at Quincy, Illinois. On this amendment I demand the previous question.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the amendment to The amendment was agreed to.
Mr. ALLEY. Iyield the floor to the Gentfrom Missouri.
Mr. VANHORN, of missouri. I submit the following amendment to the amendment, and demand the previous question on its adoption: Abife:.That any companyan thorizedby theLegislaturepfhlissouri may construct I ridgo acrosstheMissouri river at the city of Kansas, upon the same termsand conditions providedfor in this act.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the amendment to The amendment was agreed to. Mr. VANHORN, of Missouri, mtRtv the last 2 amendments to the amendment were agreed to; upon the table. agreed to.
Mr. ALLEY. I now move the following amendment to the amendment: Abife: That llw bridge constructed obvaenrytheMississippiriver atelinton, Iowa. by the al Bridge Company mnder authorityi of theStates of Illinois and Iowa, be, and the same is hereby.de cSltaarteeds, to be a post route and highwayof the U.S. andmay be Illtllnlillfled, 'pfo’lll0fl it does not materially obstruct the navigation of said river.
Mr. WASHBURNE, of Illinois. I ask the gentleman to let me present the followmg modification: Provided, That nothingin thissectionsliiillin any wise interfere With any lawsuits nowpending in any court in regard to the said bridge and thissection of this act shall not take effectuntil the said bridge shall be made to co form in widthof draw and all other respectsto who is required to be done in ref crencoto all the bridgesreferredto in this act.
Mr. WASHBURNE, of Illinois. Ihope the Gentfrom Massachusetts will not under take to put this section of his bill through the House under the gag. I tell the HouSe that it is the most important measure with reference to the people of the Mississippi valley that we have considered this session. It involves the interests of 8 million people. This bridge has been already built in defiance of law, and I ask the House to give the people a.fair hear in
Mr. ALLEY. Mr. Speaker, I did not yield the floor to the Gentfrom Illinois.
The Speaker. The Gentfrom Massachusetts has the floor, and it is for him to say whether he will allow the Gentfrom Illinois to proceed.
Mr. AL.EY. The gentleman has better lungs than I have. [Laughter]
The SPEAKER. The gentleman will state to whom he yields.
Mr. ALLEY. I yield now to the Gentfrom Missouri, [Mr. HOGAN] and Iwill inform the Gentfrom Illinois that I will yield to him presently. I propose to give to the opposition just as much, it' not more, time than we have on this side. [Mr. WASHBURNE, of Illinois. Now, sir,
The SPEAKER. The Gentfrom Massachusetts (hes not yield to the Gentfrom Illinois.
Mr. WASHBURNE, of Illinois. He said just now that he would.
Mr. WASHBURNE, of Illinois. I ask the gentleman to yield for a question.
Mr. WASHBURNE, of Illinois. I ask the Gentfrom Massachusetts, in the spirit of fairness and honor which becomes a legislator, not to undertake to hold the floor and press this section through under the previous question. This matter must necessarily take Ieremainder of the time allowed to the ComPostOlIice. We have plenty of time to consider this matter fully and fairly, and I appeal to the judgment, honesty, and fairness of the House to say if they mean to confine the discussion of this, which is 'one of the most. important questions we have had before us, to a single hour.
Mr. ALLEY. I will say, in all fairness to the Gentfrom Illinois, that discussion of this bill is the last thing in the world that I shall shrink from. I believe it is a bill which has great merits, and that it can stand on its merits. If it cannot, no man in this House is more willing that it should fall than I am. I would be quite willing to have it discussed the day through, if necessary, but I am under obligation to others, and I cannot consent at this late period of the session to allow much time to be taken in the discussion of the bill. I am willing to give all the time that the House thinks proper, but when I feel that the question has been discussed as much as the House is willing to allow, I shall then call the previous question and take the sense of the House upon it. The House will determine whether I am reasonable or not. With this statement Iwill now yield to the Gentfrom Missouri, [Mr. Hoosx.]
Mr. WASHBURNE, of Illinois. I understand the gentleman to say that he will call the previous question, and yield the floor to the Gentfrom Missouri and myself at his pleasure. Now, I will not accept the offer of a few minutes at his pleasure, and will throw myself on the encrosity of the House.
Mr. ALLE. It is well known that the gentleman is a great strategist, and I do not think I shall yield the floor to him to take the billout of my hands and make such disposition ofitas he pleases. I intend to yield the tloor to give opportunity forreasonable discussion. If I am unreasonable the House has the power to determine it. And I assure the gentleman that not a moment more of the time shall be allowed to the friends of the bill than to its oppo nents. I now ield to the Gentfrom Missmiri, [Mr. 00s.]
Mr. HOGAN. Mr. Speaker, I must express my wonderful obligations to the Gentfrom Massachusetts [Mr. ALLEY] who has extended to me. in be half of the great navigation interest of the Mississippi, ten minutes to discuss a measure of incalculable importance adverse to that interest a measure which proposes to allow a chartered monopoly to take the business of the people into their own hands. The Ordinance of 1787requires that the mississippi river and its tributaries shall be forever free and unobstructed to all the people of the U.S., and now the Gentfrom Massachusetts comes into this House at the biddin of the great monopolies of this country to estro that navigation, to take away from the people the right that they have, as citizens of the U.S., to the free navition of the greatest river in the world, and and other gentlemen, perhaps, who are similarly situated are condescendingly allowed ten minutes' time to present these matters. Now, sir, here is a great measure that stops virtually the navigation of the Mississippi river. R was referred to the comPostOffice, and for months it was discussed there. Gentlemen were brought before the committee; lawyers Were employed by the monopolies in order to indfl the committee to make a report favorable to them. But at a time when one member of the committee, who was known to be opposed to the measure, was sick, 4 members of the committee agreed with the other 4 that the bill might be reported to the House without any recommendation. The committee was fairly divided in regard to it, but they agreed that it might be broughtbefore the House.
Mr. ALLE. Allow me a word of explanation.
Mr. HOGAN. I will if it does not come out of my ten minutes.
Mr. ALLEY. The section now under discussion was unanimously reported by the committee.
Mr. HOGAN. I would ask the gentleman if the committee authorized it to be put into this omnibus bill.
Mr. ALLEY. They directed me to report the provision precisely as it is here, but not having an opportunity to report it alone I put it into this bill.
Mr. HOGAN. To give it strength I understand that the committee agreed that the measuremight be brought into this House for its action. What was the next move? Why, to go around and gather u A; B, and C to put other measures on the bill in order to gain trength enough to force it through Congress. ir, is that the way in which the rights of the Western country are to he legislated away into the possession of monopolies? I say. sir, that this is not the bill that was before the comPostOffice. The ntleman introduced a bill here which was rained by the attorney of this bridge company. It has lain here all this session, and ow, at the heel of the session, the gentleman has stuck it on as an amendment to this bill so as to increase the omnibus, and thus, by possibilit, pass it through the House. Sir, Isenk today in the interest of the people. have no fee in order to induce my advocacy of the Mississippi river as a medium of commercefor this country. I am not the employed agent or attorney of any of these monop olies. They have their agents here upon this floor; they have their interested stockholders here to vote upon this measure; they have their feed attorneys here to vote upon this measure and robthe people of the est of the great, God given right to navigate freely the great Mississippi river.
Mr. RANDALL, of Pennsylvania. Allow me a question.
Mr. RANDALL, of Pennsylvania. The gengsman says the company has attorneys on this or; does he mean in seats here?
Mr. RANDALL, of Pennsylvania. Who are they?
Mr. HOGAN. I do not choose to give names.
Mr. BOUTWELL. I insist on it as a point of order. The gentleman makes a distinct charge and I ask that his words be taken down at the Clerk’s desk.
Mr. Hocax’s remarks as taken down by the re“porters of the Globe were read, as follows: They hnvotheir agentshereupon thisfloor: they have their interestedstockholdershero to vote upon this measure; they have their feed attorneyshere to vote upon this measure androbthe peopleof the West of the great, Gpd;given right to navigate freely the great Mississippi river.”
The SPEAKER. The Chair' thinks those words are not in order. Theycontain areflection upon members of the House.
Mr. RANDALL, of Pennsylvania. The question is whether they are true. That is the material oint.
Mr. HOGA. I do not wish to say anything improper. I would not have made a solitary rejection upon anyone in connection with this matter if an opportunity for deliberate debate had been allowed me.
Mr. BOUTWELL. I think the House, at this stage of the matter, has a right to know whether the Gentfrom Missouri stands by the words he has used reflecting on members of the House, or does he retract them?
Mr. HOGAN. As the words are clearly not proper words to be used here, I prefer to with raw the words I used on that subject. They are clearly no‘tfiproger, and I say a ain
Mr. BOUTWELL.I think the house must follow the Gentfrom Missouri [Mr. Ho GAN] one step further. It is not sufficient that he shOuld retract the words; I think he must state to the House whether he used the words inadvertently and without authority, or whether he retracts them merely because he does not choose to stand by the reflection upon the members of this House.
Mr. SPALDING. I ask that the objection able words may be again read.
The Clerk read the words as above recorded.
Mr. THAYER. I think the Gentfrom Missouri [Mr. HOGAX] has done everything the House 'could desire him to do. He has with drawn the words objected to, and I therefore move that he be allowed to proceed in order.
The Speaker. That motion must be taken without debate. The motion was agreed to.
Mr. HOGAN. Now, Mr. Speaker, I say distinctly if the Gentfrom Massachusetts, [Mr. BOUTWELI.;
Mr. BOUTWELL. I would like to know whether the retraction has been taken down; and if so, I ask that it be read to the House.
The Speaker. The Gentfrom missouri [Mr. HOGAN] has been allowed by avote of the House to proceed in order, and is not to be interrupted while proceeding in order. What he says will be taken down by the reporters of the Globe.
Mr. BANKS. I think the House is entitled to a record of the entire transaction. If words uttered here are excepted to they are written down, and there is a record of them entered upon the Journaf of the proceedings of the house. If the member makes a retraction, that retraction ought also to be taken down in writing and be made a part of the Journal of the proceedin s of the House.
The SPEAKER. That might be, erhaps; but the rule does not so state. The ‘hair will decide by the rule. The 1st part of the 60 2nd rule is as follows: “ It‘n.memberbe called to order for wordsspoken in debate, the person calling him to order shall ro ent the words oxce ted to, and they shall be taken down in writing at the Clerk‘s table." The latter part of the 61st rule is as follows: “ If the decisionbe in favor of the membercalled to order;he shall be at liberty to proceed; if otherwise, he shall not bepermittedto proceed, in caseany memberobject, without leaveof the House." The Gentfrom Massachusetts Bowman] objected to the member from Missouri [Mr. HOGAN] proceedin. The Gentfrom Pennsylvania [Mr. THAYEB] moved that the Gentfrom Missouri he allowed to proceg in order. The majority of the House voted that the gentleman be allowed to proceed in order. Only the words excepted to are required to be taken down in writing, riot the retraction.
Mr. ASHLEY, of Ohio. I understood the Gentfrom Missouri to say that these attorneys were in their
The SPEAKER. TheSGHMOsI'oG.has passed from that subject now, and the Gentfrom Missouri [Mr. HOGAN] has the permission of the House to proceed in order.
Mr. ASHLY, of Ohio. I move to recon sider the vote by which the Gentfrom Missouri [Mr. HOGAN] was‘allowed to proceed in order.
Mr. GRIDER. Upon that motion I call for the yeas&nays. I
Mr. BROMWELL. I move to lay the motion to reconsider upon the table.
Mr. GRIDER. pon that motion I call for the yeas&nays. The yeas&nays were not ordered. The motion to reconsider was then laid on the table.
The Speaker. The Gentfrom missouri [Mr. HOGAN] is entitled to the floor for 3 minutes, unless another point of order is made, as he has the authority of the House to proceed in order. 4
Mr. HOGAN. Mr. Speaker, I will talkapart of my 3 minutes now to say and I wish what I so to be taken down distinctly that the remarks Imade were improper. They should not have been made, an would not have been made, but that I felt that it was great provocation, on a great question like this, in which the people of my district and other parts of the Vest are so vitally interested, to be allowed only ten minutes to speak upon it, while other parties could have almost all the time they wanted. Now, I will say in reference to this matter
Mr. ALLEY. Will the Gentfrom misSOuri yield to me a moment for a question?
Mr. HOGAN. Will this interruption come out of my time? IfI could have time I would have no objection to answer all the questions that could he asked.
Mr. ALLEY. I wish to ask the Gentfrom Missouri whether I did not go to him and tell him what I proposed to do and the circumstances under which I was placed, promising to give him ten minutes to speak upon this particular section, and that, if he desired iti after the previous question had been called an sustained, I would give him some additional time to speak upon the general merits of the bill. I understood the gentleinan to express himself as perfectly sntistied with the arrangement; and certainly nothing has astonished me more than to hear the complaint which he makes this mornin.
Mr. HOGAN. n that subject there must be some misupderstanding between the gentleman and myself. His proposition, as I under stood it, was that if the Clinton bridge should not be put into the omnibus bill, then I could have ten minutes to speak upon the general merits of the whole bill. But the understanding which I had was that this Clinton bridge bill was to remain upon its merits as a se a rate measure. That was the way I understood it.
Mr. ALLEY. The gentleman will remember that previously to my asking the gentleman whether e would not consent, if this was not put into the bill, to go for the other, I called upon him in reference to that arrangement. I told him the reason why I was compelled to at it into this bill, because I could not get it in as a separate bill.
The SPEAKER. The ten minutes of the Gentfrom Missouri have expired.
Mr. ALLEY. I yield 5 minutes more to the Gentfrom Missouri.
The SPEAKER. The gentleman’s time has expired.
Mr. HOGAN. Are not these great inter' ests to be full heard?
Mr. HOGAN. No, sir; these monopolies N'e too strong.
Mr. WASHBURNE, of Illinois. I rise to a question of order. W11 not this continue to be the business of the morning hour till disposed of?
Mr. WASHBURNE, of Illinois. This is the most important question to my constituents before this Congress, and crowding me into a few minutes to make a speech showing all the facts, when there is no necessity for it, has never before been done within my knowledge or experience.
Mr. ALLEY. Am I to understand this will continue to be the ending business in the morning hour until disposed of? p
The SPEAKER. No other committee can report till this bill has been dislppsed of. The next mornin hour will be on uesday next.
Mr. WAS BURNE, of Illinois. This bill is before the House and is bound to be disposed of. It cannot be got rid of. If it were otherwise I would not ask the gentleman to yield to me.
Mr. ALLEY. I will yield to the gentleman for ten minutes.
Mr. WASHBURNE, of Illinois. I cannot accept that. If the House be determined to strike in this way, it must strike without my being heard at all. I am not willing to be lim ited to ten minutes in which to explain how this matter stands. It is something which has never been tolerated during my service here.
Mr. INGERSOLL. I use to a point of or der. Does not the next morning hour come on next Tuesday?
The SPEAKER. It will, unless interrupted by a question of privilege.
Mr. WASHB RNE, of Illinois. Will not this be the continuous business of the morning hour until disposed of?
The SPEAKER. It will, if not interrupted by questions of privilege. lar. INGERSOLL. And the reports of the other committees will he kept back.
Mr. ALLEY. I desire to be entirely fair, and to give everybody an opportunity to discuss the bill to their heart’s content. No one intimated a desire to discuss it except the Gentfrom Missouri and the gentleman roin Illinois, and I thought I had made an arrangement with which they were satisfied. I give to the Gentfrom Illinois ten minutes now, and will again yield to him afterth e previous question has been ordered to speak generally upon the bill.
Mr. WASHBURNE, of Illinois. I want to speak to this amendment. I expect to vote for the bill if this amendment be voted down.
Mr. ALLEY. It. seems to me the gentleman ought to be able to explain his position in ten minutes.
Mr. WASHBURNE, of Illinois. The "entle man may be enabled to, but I tell the house that it is impossible for me to state all the facts. The evidence amounts to several pages, gIing all the facts in relation to the obstruction of navigation by that bridge.
Mr. ALLEY. If the gentleman will allow me, I will say there is but one particularpoint in the matter, and that he can speak to in ten minutes. Indeed, I think 5 minutes is sufficient time, with his ability, to state the grounds of his opposition to this amendment, upon the only point which he can raise alter the decla ration he has made that he is in favor of the general bill; for it differs from the general bill only in this particular, that the draw is a little narrower. New, I can show that it is a great deal wider than any draw in the world was 20 years ago, and I do not know of but one draw in the world at the present time that is equal to it in width. I think there are other reasons which I can give for the gentleman’s o position which will explain it entirely, and itpfie chooses to take the ten minutes I 0 not want more than 5 minutes for repl.
Mr. WASHBURNE, of Illinois. I do not accept the ten minutes. The House, I trust, will allow me more time.
The Speaker. Then the Gentfrom Massachusetts is entitled to the floor.
Mr. ALLEY. Then I will only say a very few words in reply to the Gentfrom missouri, [Mr. HOGAN] I think his argument was more to the merits of the general bill than it was to this specific reposition. As I observed before, the only di erence between this bridge and the bridges that it is proposed to build is in its width. I believe in all other particulars the ovision is precisely like the ot ers. T) is bridge has been built and in operation 18 months. It is one of the most substantial character, built in the best possible manner. The width of the draw in teclear is 100 arid 20 feet, and those who know anything about draw bridges know that that is ample. As I said before, it is wider than an draw in 1841.
Mr. OGAN. Will the gentleman allow me a question?
Mr. HOGAN. Does the gentleman know anything at all of the character of the navigating interest of the Mississippi river? Does he know that the steamers have barges in tow, so that 120 feet is not a sufficient width at all?
Mr. ALLEY. I will state that we have ample and complete testimony upon all these points y the navigators, by parties interested on both sides, by everybod that desired to say anything about it, and after listening to all the testimony, hearin all the facts, and examining them very carefu y for a great length of time, we came to the conclusion, I think nnanimousl, or at any rate with one single exception, that the draw was ample, and that there was no force in the objection that was made. And now all this company asks after havin the authority from the States of Illinois and issouri to build the bridge, is simply that it be declared a post route. I‘hat is the whole sum and substance of the proposition. And can the House refuse, after granting all these privileges to all these other companies, to allow this amendment to be adopte 'P And now let me say one word further with regard to the 0 position of the Gentfrom Missouri an the Gentfrom Illinois. I cannot see why in the world they make so much objection to this particular proposition, when the only difference is in the raw, except that this objection occurs to my mind and I throw it out.for the benefit of the House, and they may attach such weight to it as they choose. There is a great rivalry between the cities of St: Louis and Chicago. I think no member of the House will fail to see it. This bridge affects somewhat injuriously, perhaps, the interests of the city of StLouis.
Mr. HOGAN. I desire to ask the gentleman another question. If this brid e at Clin ton is no obstruction to navigation, how 'can it ppssibly interfere with the business interests of Missouri?
Mr. ALLEY. A great spirit of rival exists between StLouis in Chicago, an the city of Chicago is benefited somewhat by these additional facilities, and while it promotes the business interest of Chicago it oes not take much of anythin from the city of StLouis but being a riva city it excites jealousy and hostilit. And with regard to the Gentfrom I line is, [Mr. WASHBI’NE] his city of Galena is somewhat in the same ppredicament. Now, anybody who has been in the House as long as I have with the Gentfrom Illinois knows very well that any bill that does not bring any toll to his mill and by his mill I mean the city of Galena never receives much favor at his hands. I must. confess that I am unable to see any serious objection that he can possibly make to this bill that does not exist against the general bill except it be the fact that Galena is not benefited by it.
Mr. wASHBURNE. of Illinois. I call the gentleman to order, and require that his words be taken down. The words of Mr. ALLEY excepted to by Mr. WASHBURXR, of Illinois. as taken down by the reporters of the Globe, were read, as follows: “Now, anybodywho hasbeenin the Housenslong as I have with the Gentfrom Illinois, knows very well that any bill that does not b flD8any toll to his mill and byhis mill I meanthe city of Galenanever receivesmuchfavor at his hands."
Mr. ASHLEY, of Ohio. I would like to ask the Gentfrom Illinois if he calls the Gentfrom Massachusetts to order because he has designated the city of Galena a mill. [Laughterb]
The SPEAKER. The Chair overrules the point of order made by the Gentfrom Illinois, [Mr. wASHBURNE.]
Mr. wASHBURNE, of Illinois. I desire to be heard in regard to this matter.
The SPEAKER. It is not debatable. The Gentfrom Massachusetts [Mr. ALLEY] will proceed.
Mr. WASHBURNE, of Illinois. I now ask in consideration of what has been stated by the Gentfrom Massachusetts
The SPEAKER. The Gentfrom Massachusetts [Mr. ALLEY] is entitled to the floor unless he yields. He must state whether he does yield or does not.
The Speaker. Then the gentleman will proceed with his remarks.
Mr. ALLEY. Iwas going on to remark that so far as the Gentfrom Illinois is concerned, I understand what his purpose is. He wants to use up the morning hour. I now call the previous question.
Mr. WAS URNE, of Illinois. I appeal to the House to hear me in response to the Gentfrom Massachusetts.
The Speaker. oes the gentleman call the previous question on the amendment or on the whole bil?.
Mr. ALLEY. On the whole bill. I have given the gentleman all the opportunity to be heard that I agreed to do, antiI cannot consent to give him any more. I must insist on the previous question.
Skip Skip The question was put upon seeonding the demand for the previous question; and there were ayes 45, noes 42; no quorum voting.
Mr. wASHBURNE, of Illinois, I hope the gentleman will withdraw the demand for the previous question
Mr. IN GERSOLL. I hope the previous question will be 2nded.
Mr. ALLEY. I willgive the Gentfrom Illinois [Mr. WASHBURXE] 30 minutes of my time after the previous question has been 2nded.
Mr. WILLIAMS. Does not the gentleman overstate the width of the I span of Clinton bridge? I have always understood, and my information has been received from parties familiar with the matter, that it is only 116 feet.
Mr. DRIGGS. I ask the gentleman whether in his statement that 60 steamers and 2 millions of property had been lost on the river, he meant to say that these losses were on account of these boats coming in contact with the bridge, and whether the osses would have occurred had.it not been for the bridge. Asthe gentleman did not make this point clear, I 0 e be will answer the question.
Mr. WASHBURNE, of Illinois. I we have evidence that 64 said steamboots were lost, wrecked, or injured by this bridge, and that the value of that property was estimated at $2,000,000. One steamboat lost there was worth $200,000 one of the most beautiful boats that ever floated on our waters. The Gray Eagle, the pride of the upper Missis sippi, commanded by a friend an nei hbor, Captain Smith Harris, the most skillfu pilot on the river, going out full loaded with freight and passengers, ran against the pier and went down and all was lost. And not only has this vast amount of property been lost, but a great many lives have been lost also, as well as vast amounts of lumber.
Mr. PRICE. Mr. Speaker, my constituents will think it strange if I sit here and listen to the statement that 64 steamboats have been lost without making some reply. New, I have lived in sight of the bridge, and see it every day, and there never have been but 3 beats lost there during the last season, one burned and 2 sunk. One of those sunk was the Gray Eagle, and another a small heat. This is news to all the people that live there.
Mr. wASHBURNE, of Illinois. It may be news to the Gentfrom Iowa, but it is not news to the commissioners that examined the matter. I have the book here.
Mr. PRICE. It may be in the book but not in the river.,
Mr. wASHBURNE, of Illinois. The book shows that 64 steamers and a large number of rafts were lost, wrecked, (I damaged. This is a communication addressed to the SecyWar by members of the House from the est, upon which he ordered the survey of the RockIsland bridge, which it is alleged is no greater obstruction tonavigatioa than the Clinton bridge. One of the commissioners was Captain (new General) Humphreys, Captain (new General) Meade, and Captain (now general) Franklin. After applying certain principles to this examination they say: “The board is constrainedwith extvme regret to rdeepripnrgt that all of thesehave beenviolated, thus ren the bridgenot only an obstructiOnto thenavigation of the river. butone materially greater than therewasany occasionfor." That is the testimony of these engineers, and is it not to be received here? The Gentfrom Massachusetts [Mr. ALLEY] has undertaken to tell me a great deal about this bridge. It is within 60 miles of where I have lived for more than 26 years, and among a people that I have always known, and there is not a day in the year that it is not a subject of conversation among them. Every steamboat man, eve merchant, every lumberman talks of it. My friendfrom Minnesota [Mr. W7INDOM] intimates that he is going to vote for this prop position of the Gentfrom Massachusetts to dam up the Mississippi. If he do, I hope he will have ahappy time with his constituents. I undertake to say it will add 2 cents to every bushel of wheat shipped from his Suite in the cost, and an additional freight and rate of insurances besides. And I would like to call his attention to something his own people have done in this matter of the free navigation of the cat Father of Waters.
Mr. UBBARD, of NewYork. I would like to ask the gentleman to st to the number of accidents that have occurre there.
Mr. WASHBURNE, of Illinois. I know there have been innumerable accidents there, and great damage done in various ways. I know the testimony is that this bridge is about the same kind of obstruction as the Rock Isl land bridge. Why, sinyou have made appropriations of 100s o 1000s of dollars to improve the rapids of the Mississippi. There is no person interested in navigation on the Mississippi who will not tell you that these bridges have been infinitel more damage to commerce than those rapi s ever were from the beginning of nav'gation of the river. In the river and harbor bill ’yeu appropriated $300,000 to improve the rapids, and now it is proposed to impede the navigation of the river, as you must do most effectually by this bill. If you do I would ask the House to repeal that clause of the river and harbor bill, for the appIropriation will do no good.
Mr. HUBBARD, of NewYork. Will the gentleman yield for a question?
Mr. WASHBUHNE, of Illinois. It is unrea sonable for the gentleman to ask me to yield. He is on the comPostOffice. I have been obli ed to run over this subject very hurriedly. have s oken very rapidly and disconnectedly. but with ear nestness, because I feel in earnest. I have no interest in steamboat stocks or railroad stocks or any other stocks. I have very little interest anywhere except once in awhile when I see a deadly blow being struck at the people to whom I owe everything that I am if am anythingat the people among whom I have lived for more th'hna quarter of a century, and also have upheld and sustained me because I have upheld and sustained them. I have found that the people are a better reliance at the polls than your monopolies and your corporations. The people can give votes if they have not quite as much' money as these corporations. Sir, I stand by the interest of the people, and there I intend to stand. I have appealed to this House to say that ifthis bridge is to remain it will be the same as all other bridges. No corrupt discrimination in favor of this Clinton bridge nuisance, but let all be equal. I ask my friendfrom Ohio, [Mr. BINGHAM] so near me, who is a fair, honorable, and just man, why make this exception? Why, after its being shown that this is not a sufficient width of draw, as the committee themselves have decided by making it 160 feet, why take this out from all the others and legalize it? I put that question to every member of the House. But my time resses, and I must close without saying haf I wish to so.' I agreed to yield a moment to my frien from Pennsyl vania, [Mr. MOORHEAD.] I yield the remainder of my time to the Gentfrom Pennsyl vania, [Mr. Moonrissnj
Mr. MOORHEAD. Iask simply to have a letter of one of my constituents read. I will state before it is read that the writer, Captain Gray, is largely interested in steamboats navi gating the river that pass right under this bridge, and‘lie is one of the most intelligent steamboat men residing in my district. The Clerk ‘read as follows: Pirrssu'. March 22.1866. DEAR Sm: Permit mcto call your attention to the fact that a member of Congresswill introducea bill dberiedlgaering the "Clinton bridge" a postroute. Said is only 116 feetwide in the draw and is a serious obstruction to the expantion of the npperMississippi and a matter in which your constituentsare largely interested. If all the rid eson the upper rivers were compelled to make the rows "200feetin the elear"theywould be comparatively no obstruction to navi atien. I hopewhen this bill comesup that you ‘Wll perceivev the necessityof protecting theriver interests. apd sorsfls'eipisnischhoaumldenned tmbeenotbsasstrWuciltleddobsyoa.nyTohnee rentMis and barrio ta people of the West have large portionso tbhrgidirgegsrain sheppedin " barges." and a few s ueh will c cctually stop cheap tr ansortation. I respectfully call your attention to this bi l. Yours. &c. R. C. GRAY. Hon. J. K. Mooanasn.
Mr. HARDING, of Illinois. I wish simply to state that I coincide with the views of my colleague in relation to the Clinton bridge, and I hope it will not be legalized by the passage of this bill.
Mr. ALLEY. I now yield 5 minutes to my colleague on the committee, [Mr. Joua'sox]
Mr. HOTCHKISS. I desire to ask the Gentfrom Massachusetts [Mr. ALLEY] if he intends to give my colleague [Mr. HUBBARD] an opportunity to be heard upon this subject.
Mr. HOTCHKISS. It was positively promised him.
Mr. ALLEY. I told the Gentfrom NewYork [Mr. HOTCHKISS] that I should ive my colleague upon the committee [Mr. unHARD, of NewYork] an opportunity to speak if he desired andI possibly could; and I purpose to do it. But I did not say when I would give it to him. If the gentleman wanted 5 minutes to speak I certainly should give it to him; but 1‘ has not asked it for himself.
Mr. HOGAN. Will the Gentfrom Massachusetts allow me to ask him a single question?
Mr. HOGAN. Does the gentleman mean to say that railroads carry freights as cheaply as they are carried on the rivers? I so understood him; I understood him to say that they can et freight carried as cheaply by railroad as by the river. Does he not now that it costs twice as much by railroad as by the river?
Mr. FARNSWORTH. Does the Gentfrom Missouri hold that freight cannot be carried cheaper to the East by railroad than to take it down the river and all the way around by water?
Mr. HUBBARD, of NewYork. I was surprised, Mr. Speaker, to hear the remarks of the Gentfrom Illinois. I am a member of the comPostOffice and Pest Roads, and this matter was thoroughly examined by that committee, and the committee came to the conclusion that the policy had been adopted that the rivers of this country must be bridged. Here is a company with a capital of some millions of dollars; they start from the eastern States and come to the mississippi river; they find that the navigation of that river is obstructed by ice for 2 or 3 months in the year; they find that the States of Iowa and Illinois have granted the privilege of constructing a bridge across the river; they go on and erect a bridge and it has been in operation over a year. And I am surprised that the Gentfrom Illinois, [Mr. Wssununivsd with all his ability and experience, should get up here and dodge the question and argue the feasibility of another bridge.
Mr. WASHBURNE, of Illinois. The tleman misstates the case; I have referre the testimony.
Mr. HUBBARD, of NewYork. I deny that there was any such testimony before the committee.
Mr. W'ASHBURNE, of Illinois. Thutshows how little the gentlemen knows about it.
Mr. HUBBARD, of NewYork. I must decline to yield. The gentleman speaks of this bridge being a nuisance. Let me tell him that th utter has been before the courts both of Illinois and Iowa.
Mr. wASHBURNE, of Illinois. Will the gentleman yield to me for a moment?
Mr. HUBBARD, of NewYork. I will be as courteous to the gentleman as he was to me when he had the floor. He would not even answer my question. If the gentleman had not drawn upon his imagination, but had left the facts to speak for themselves, I would not have said a word. But I am a member of the ComPostOilice, and when the gentleman gets up here and charges the committee with having acted out rageously I cannot sit still. Why, sir, if there be any bridge on this river that should be authorized, it is this. It has been shown to the committee that the draw can be opened in 3 minutes, and that a vessel can pass in one minute, and it was shown before the committee that there never has been a steamboat '0r a raft detained there for a minnte. There is, however, a conflict between the steamboat interest and the railroad interest. All the facts were brought out before the committee. Here the hammer fell.]Mr. WASHBURNE, of Illinois. I ask that the time of the Gentfrom NewYork be extended sufficiently long to enable me to read the testimony which was taken before the committee in regard to the obstruction which this bridge offers to the navigation of the Missis sippi river.
Mr. HUBBARD. of NewYork. I tell the Gentfrom Illinois, that the testimony before the committee was right the other way.
Mr. WASHBURNE, of Illinois. I would like to have my amendment read, although it is not before the House.
Mr. ALLISON. I demand the yeas&nays upon agreeing to the amendment to the amendment. The amendment to the amendment is as follows: And that the bridge constructedover the Mississlppi river at Clinton. Iowa, by the Albany Bridge company, under authority from the Statesof Illinois and own. be and the same is hereby.declaredto be' a postalroute and btghw of the U.S and may be maintained provided it does not materially obstructthe navmation of said river.
Skip Skip The question was taken; and it was decrded in the negative yeas. 54, nays 66, not voting 62; So the amendment to the amendment was not agreed to. During the roll call,
Mr. JOHNson said: My colleague, Mr. DENISON, is detained from the house by serious illness. The result of the vote was announced as above recorded. ENROLLED BILLS SIGNED.
Mr. TROWBRIDGE, from the ComEnrollBill, reported that the ComEnrollBill had examined and found truly enrolled bills of the following titles; when the Speaker signed the same: Ada act (S. i o. 369) to establish certain post roa s; An act (H.R.No. 114) for the relief ofA. T. Spencer and Gurdon S. Hubbard; An not (H.R.No. 742) for the relief of the mine r children of Salvador Accsrdi, deceased; An act (H.R.No. 741) granting a pension to Jonathan W. Beach; An act (H.R.No. 739) for the relief of Samantha Rader; and An not (H.R.No. 702) granting a pension to Mrs. Charlotte E. Reed. BRIDGES OVER MISSISSIPPI AGAIN.
Mr. WASHBURNE, of Illinois, mtRtv the amendment to the amendment was disagreed to; on the table. agreed to. The question recurred upon the amendment reporte from the comPostOffice as amended by the House.
Skip Skip The amendment was agreed to. The question was upon the 3rd reading of the bill.
Mr. HOGAN. I move that the bill be laid on the table. The motion to lay the bill on the table was not agreed to. The bill, as amended, 3rd time.
Mr. WASHBURNE, of Illinois. My colleague [Mr. HARDING] is very anxious to have incorporated in this bill an amendment, which was then read the I will read, and which he understood that the Gentfrom Massachusetts [Mr. ALLEY] would not object. to. It is as follows: Strike out all after the enactingclauseof section 7 and insert the following: That any bridge that maybeconstructedunderthe authority of this actshall not beso located operated or constructedas to materially obstruct the navigation of the Mississippi river.
Mr. ALLEY. That is all contained in the bill as it is.
Mr. HARDING, of Illinois. tleman would refer to the clause containing that revision.
The Speaker. It requires unanimous consent to amend the bill at this stage.
Mr. SPALDING. Then I object. The question recurred upon the passage of the bill.
Mr. FINCK. Upon that question I call for the yeas&nays.
Skip Skip The question was taken upon ordering the yeas&nays; and upon a division. there were ayes 14, noes not counted; not. one 5th of the members present voting in the affirmative. Before the result of the vote was announced, Mr. FINCK called for tellers on ordering the yeas&nays. the question was taken and 15 members voted in the affirmative; not one 5th of a quorum. So tellers, were refused, and the yeas and no s were refused. he bill was then passed. Mr. ALLEY mtRtv the bill was passed; on the table. agreed to.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. MCDon ALD, its Chief Clerk, informed the House that the Senate had passed a concurrent resolution of the House for the appointment of a JtCommee on retrenchment, with an amendment, in which the concurrence of the House was requehted. DIPLOMATIC APPROPRIATION BILL.
Mr. BANKS. I ask unanimous consent that the Clerk of the House be authorized to correct an error in the action of the House on the consular and diplomatic appropriation bill. By therecord it appears that the House concurred in the 6th amendment, whereas the fact is that it did not.concur. There being no objection, the correction was made. MISCELLANEOUS APPROPRIATION BILL.
Mr. NEWELL asked and obtained leave to print in the debates some remarks he had preared upon the miscellaneous appropriation bill which was passed by the House yesterday. The speech will be published in the Appendix. REMARKS OF HON. W. A. NEWELL, or NEWJERSEY, July 14, 1806. The House on the state of the Union on the bill (H.R.No. 73?)making appropriationsfor sundry civil expensesof the government for the year ending June 30.1867 and for other purposes, the questionwas upon the following amendment.offeredby Mr. O'NEILL: Insert after line 143 the following: To provide additional station houses.life bouts and other appliancesfor the better preservation of life and property from shipwreck along the coastof NewJersey, between Sandy Hook and Little Egg Harbor. 810.000, and for repairing and relightin the li lit house on Tucker's Beach, on the coast of New crsey.$5.
Mr. SHELLABARGER. The select committee appointed to investigate the statements and charges made by Hon. Roscoe CONKLING, in his place, against Provost Marshal GenlFry and his bureau, whether any frauds have been perpetrated in his office in connection.Wlth t ie recruiting service, and also to examine iute the statements made by GenlFry in his communication to Hon.
Mr. BLAINE, read in the House April 30, 1866, having completed their labors as to one branch of the investigation, have instructed me to submit a report in part, which, together with the evidence herewith submitted, and the arguments of counsel, I moye be laid upon the table and be printed; and in connection therewith I submit the following resolutions: Resolved.That all the statementscontainedin the letter of General James B. ls‘r to Hon. Janus G. BLAlNE. amcmber of this llouse. eurmgglatethe 27th of A ril. A. D. 1 and which wasrealm thisHouse on the 80thofApri. A. D. 1866i.n sofarassuchstate meats impute to lion. Rescoi: Genuine. a ber of inani this body.any criminal. illegal. unpatrietic or otherwrse im'propor conductor motives either as to the matter 0 his procuring himself to be employed I wish the gen by the Government of the U.S.in the rose cinuttihoen omfmanilaitgaermy conffteonf sseuscinhtphreo SsetactuetoiofnNs.einwtakoirnkg. compensation thercfer or in nuy other matter charged. arewholly without foundation in truth; andfor their publicationtherewere.in the judgmentof this housc. no facts connectedWith said prosecutionsfurnishing either a palliation or an excuse. Resolved.That GenlFry. an officer of the government of the U.S and hpeuabdlisohf ionngetohfeitsse accusationsnamed in the preceding resolution and which. owing to the crimesand wrongs which they iiiipiito to it inember of this body.are of a nature (lccpiy illjllflOuS to the official and personalcharacter. influence and privileges of such member and their publication. originnting.as in the judgment of the House they did. in no misapprehension of facts. But in the resentment and passion of their author. was guilty of a gross violation of the privilegesof such member upd of this House and his conductin that regard merits andrcceives its unqualified disapprobation.
Mr. WENTWORTH. I would inquire if arguments of counsel are ever reporte to this House.
The Speaker. Any member has a right to object to the printing of the report and accompanying papers, and then the question will be submitted to the House.
Mr. WENTWORTH. I ask if gentlemen propose to this House to ublish the speeches of the attorneys before that committee when they are all over town, everywhere. The report of the committee to this Hone is one thin", the speeches of the lawyers are quite not or thin.
Mr. SHEELABARGER. The committee, in pursuance of what it understood to be the usages of the House in matters of this sort, have agreed to recommend the printing of the arguments of counsel on both sides. Those arguments are full and exhaustive, and will be useful to the House in disposing of the important matters that have been submitted by the committee. The committee have no opinion to express upon the subject, but merely desire to conform to the pleasure of the House upon that matter. I call the previous question on my motion to print. '
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the motion to print was agreed to. Mr. SHELLABARGER mtRtv the House ordered the report of the committee with the accompanying papers to be printed; on the table. agreed to. COMPENSATION OF MEMBERS OF CONGRESS.
Mr. NIBLACK, from the ComAppropriat, reported a billto provide for the regulation of the compensation of Sens&Reps an Delegates in Congress; which was read a 1st and 2nd time, post poned until Wednesday next, and ordered to e printed. assault UPON A MEMBER.
Mr. SPALDING. I now call for the regular order of business. The House accordingly resumed the consideration of the resolution reported by Mr. SPALDING from the select committee on breach of privilege, in the matter of Hon. LovnLI. H. goussnsu of Kentucky, and Hon. JOSIAH B. nixnnu. of Iowa.
Mr. SPALDING. Mr. Speaker, I have called for the reading of this report
Mr. WILSON, of Iowa. I desire to present a question of order.
The Speaker. The Gentfrom Iowa. desires to present a question of order, which be reserved at the time the report was made.
Mr. SPALDING. That can come in after l ward. Ipropose now to address myself to the I whole subject.
The SPEAKER. The Gentfrom Iowa. intended, as the Chair understood, to make the point at the beginning of the debate. If he now rises to a point of order he has the right to arrest all other debate.
Mr. WILSON, of Iowa. I do rise. as I have already stated, to present a question of order.
Mr. RAYMOND. With the permission of the Gentfrom Iowa, I ask that the minority report be read.
The Speaker. Will the Gentfrom Iowa suspend his point of order until the minority report is read '2
The Speaker. The report of the minority will be read.
The Clerk read as follows: VIEWS OF THE minoritY. I The undersigned concur with the majority of committeein holding that General the assault upon Mr. GnmpsLL. wasguIitltocpsts'iaziviuio.liantihoins of the privileges of this House. for which therewas no jll!tlfi0ll I.l0n. by But. Considering the very gross prevocatie nreceived General Rousseau. the wanton and unmetin ipntationscastis on his military characterandservices. the failure of the House to protect him aginst an assaultunwarrantablein itself and a violationpf the privileges of the House. and tl ie absencoefany intention to inflict severe bodily imury upon Mr. Gam nnLL. they areof opinion that expulsion is a punishment moreseverethan justice or the public interest requires. Lowhmegy therefore recommend the adoption of the foli resolution instead of the 1st of the series reportedby the committee: evolved.That Hon. vsm.H. Roussmu besain rmeopnricmdatond theed bar of the House and bothers pubfligy by the Speaker for the VlOIllHOIl e e rights and privilegesof the House. ot'which he was iruilty in the personal assault committed by him upon Hon. J. B. Gnirmnm.for words spoken in debate. In recommending he adoption of the other resolntions reported by the committee.the undersigned fully " '" HENRY J. RAYMOND. JUHN HOGAN.
Mr. WILSON, of Iowa. The point which I desire to present to the Chair relates to the 2nd resolution reported by the committee. That resolution is in these words: Resolved, That the personal reflect ons made by Mr. GRINNELL, a Representativefromthe state of own. in presence of the House. upon the character of Mr. Roossssu. A Representative from the State of Kentucky were in yiolation of the rules regulatin do hate and the privileges of its members founded thereon and merit the disapproval of the House. I design, sir, to question the authority of the committee to report that resolution to the House; and in order that I may present the point distinctly, I ask that the 61st and 62nd rules of the House be read.
The Clerk read as follows: tra"6n1sg. rIcfssany member. in speaking or otherwise. the rules of the House. The Speaker shall or any member may. call to order; in which casethe members o called to order shall immediatelysitdown. unlesspermittedto explain; and the House shall if lnfot ealedto. Decide on the case, butWithoutdebate: arebe no appeal.the decision of the Chair shall besubmitted to. If the decision be in favor of the membercalled to order.heshall be at liberty to proceed: if otherwise, hr n/mll not be permitted to proceed. in cage any membeor ly'ectw. ithout[Pflb‘c of the house, and if the case require it. he shall be liable to the censure of the House. “62. If a member be calledtoorderfor words spoken in debate.the person calling him to order shall repeat the wordsexceptedto and they shall be taken down in writing att cClerk’s table: and no member shall he held to answer or be subact to the censure of the house.for words spoken in debate.ifanyother memberhasspoken or other business bas interveued. after the wordsspoken and beforeexceptionto them shall have been taken."
Mr. WILSON, of Iowa. Mr. Speaker, so far as the 61st rule applies to this case. I think that it had its fiilD oration on the day of the occurrence of the ebate out of which arose this assault. My colleague [Mr. GRINSELL] was called to order on that occasion. He was called to order 1st by a member of the House, and subsequently by the Speaker. The 61st rule provides that upon amember being called to order the Chair shall decide he point; and “ifthe decision shall be in favor of the member called to order he shall be at liberty to proceed; if otherwise, he shall not be permit/ed to proceed, in case any member object, wil/tout leave of the House, and if the case require it, he shall be liable to the censure of the house.” New, sir, I find by referring to the proceedings of that day that my colleague was called to order by 2 members of the House, and subsequently by the Speaker. I hold that under the 61st rule, the House decliniii at that time to ‘take any further notice of the an guage used, and permitting my colleague to proceed, it bars any subsequent action against him for language uttered at that time. In other words, ifan offense against the rule was committed, the action of the House on that occasion was final and complete. The next point is under the 62nd rule, and is more important. That rule declares that no member shall be held to answer or be subject to censure of the House for words spoken in debate if any other member has 5 oken, or other business has intervened. after the words spoken, and before exception to them shall have been taken. I suppose it will be claimed that this case was taken Mr. ELDRIDGE. 1 rise to a question of order.
The Speaker. A question of order is already pending.
Mr. ELDRIDUrE. I do not wish to cut the gentleman oil“, but only that the House may know whether it is debatable or not. I thought questions of order were to be decided without ebate. the SPEAKER. That is in reference to riority of business. The' Gentfrom own is entitled to state his point of order and the ground upon which it is based.
Mr. ELDRIDGE. I will not further interru tthe Gentfrom Iowa.
The Speaker. The Chair is of the opinion that the Gentfrom Iowa is confining himself strictly to the statement of his point of order.
Mr. WADE.’ His name is Barnum: “And whereassaid remarksare a violation of the files of this House and a breachof its decorum, and deserve the censureof the House: Therefore. Resolved.That 0. L. VALLANDIOHA for said violation of the rules of the House and its decorum is deservingof censure and is herebycensured: “On that resolution the question of order is made that under the express language of the 62nd rule of the House the Gentfrom Ohiocouldnot now behold to answer, or be subject to the censure of having House spoken feorriatnhde owtohredrsbsupspinkecs ns.haanyiout ihrienrtemrvoemneodr before exception to themwas taken and that consequently the preamble and the resolution could not be entertained by the House. The Chair Will have road the 62ndrule, anda paragraph from the Manual. 2‘
The Clerk read. as follows: “ Ifa memberbe called to order for wordsspoken ip debate. The person calling him to order shall report itniew wriotirndg saetxctheept Celdetrok.'satnadbtlhe;eyasnhd anllobmeteamkebnerdsohwalnl be held to answer or besubJc ctto'ilic ccnsnroof the House. Tor words spoken n debate.ifany othermember has spoken or other businesshas intervened. after the words spoken, and beforeexceptiontothem shall h avcbeentuken.’ Sirlu secomlIla/c. ': Disorderly words spoken in a committeemustbe written down as in the louse.but the committeecan only report them to the House for animadversion.’Manna. page77.‘, “
Mr. GARFIELD. I would like to ask the Gentfrom Iowa a question. 7
The SPEAKER. The Gentfrom Iowa cannot yield for a question in stating a point of order. The Chair has indulged the Gentfrom Iowa to the full extent on the oint, which is one of so grave importance. bib has examined the authorities, the construction of the rule, and its history, and he has no doubt as to his decision.
Mr. JOHNson. I would like to make a single suggestion. "he SPEAKER. It is not a subject for debate, but alter the decision is made it will be open to a pen].
Mr. ELDRIDGE. Mr. Speaker, I desire to raise the question of or er, whether the gentlemen named in the 3rd resolution of the majority of the committee were subject to the jurisdiction of that committee. I mean the resolution referring to Charles D. Penn baker, L. B. Grigsby, mdlohn S. McGrew. I insist, Mr. Speaker, that the resolution raising this committee and giving them the authority under which they acted did notauthorize them to report that resolution. I, of course, will not refer to the fact that no proof of complicity has been reported by the committee against L. B. Grigsby, of Kentucky, and John S. Mc Grew, of Ohio, for that is apparent to the House; and only a suspicion is reported by the committee in re rd to Mr. Peunybaker, of Kentucky. I insist, under that resolution this committee has no right to take cognizance of these gentlemen. the utmost they were authorized to do or could have done was to re art the facts to the House. They were not out orized to repert a resolution condemiiin them, and more especially when those were tie only witnesses in re rd to the facts.
The SPEAKER. The Chair overrules the amt of order, for the reasons already stated by him in his decision just made. The committee were authorized and instructed“ To investigate the guhioctand to report the facts, with such resolutionsin roference thercto as in their judgmentmaybeproper and necessaryfor the vindication of the privileges of the house and the protection of its members. It was a large authority, and if they had evidence that these gentlemen were connected in any way as accessories to the assault they had the right to report. Citizens have often been broug t to the bar of the House for breach of its privil es. In the 4th Congress the HoRep committed Randall and Whitney, 2 citizens, for attempting to corrupt the integrit of certain members of Congress, which the louse decided to be a contempt and breach of its privilege. In the same Congress it was decided that a challenge given by a citizen to a member of Congress was a breach of privilege; and it was also decided to be a breac of privilege for the official printer (elected under the old law) to publish para graphs defamatory of conross in the official organ. The Chair thinks the committee had the right to report the 3rd resolution as well as the 2nd), and therefore overrules the point of order.
Mr. BANKS. I desire to make a single remark in regard to the point of order raised by the Gentfrom Wisconsin. In addition to the precedents cited by the Speaker, it has been decided by the SCOTUS that persons not connected with . either House who shall commit a breach of its privilege are subject to its jurisdiction.
Mr. LDRIDGE. I see no foundatfin laid in this resolution for the action of the commit tee. In this respect I think the Speaker misunderstood my point of order. These persons had not been presented, and this committee was not chargedwith authority over them.
The Speaker. They were instructed not only to report the facts, but such resolutions in reference thereto as in their judgment may be proper and necessary for the vindication of the privileges of the House and the protection of its members. It is for the House to determine whether, on the evidence, this resolution shall be agreed to; but. it cannot be ruled out as not in order.
Mr. RAYMOND. Will the gentleman permit me to make a motion in the nature 0 an amendment?
Mr. SPALDING. I cannot do it. I understand what the motion is. I will give the gentleman ample time after I have closed my remarks.
Mr. RAYMOND. My object was to get the whole question before the House.
Mr. WRIGHT. Does the gentleman mean to say that there is unlimited license for blackgunrdism in this House, and that a man has no right to protect himself from it? It is the duty of the Speaker to protect men from such as saults, and ifhe does not do it, it is the duty of the member assailed to protect himself.
Mr. SPALDING. The committee have reported that no word spokenin debate would be a suificient justification for a member of this House personally to assault and bent another member. And in that I agree without any hesitation or doubt. No word that can be uttered on this floor in regard to a member would justify the infliction of a blow upon a fellow memger, either upon this floor or in anfipart of he corridors of this Capitol.
Mr. HUBBARD, of Connecticut. Allow me a word.
Mr. SP'ALDING. I see no necessity of yieldin. v
Mr. t‘IiUBBARD, of Connecticut. I only want to make an inquiry.
Mr. SPALDING. I design to give every gentleman who wishes to do so an opportunity to speak upon this question. I sha 1 take no sna judgment upon it. h
Mr. HUBBARD, of Connecticut. The question thatI wish to ask is this: whether, if one member maliciously departs from the subjcctof debate and charges another member with cow ardice, these words come within the meaning and spirit. of the Constitution as “words spoken in deate?” Laughter and applause.)
Mr. SPALD NG. I wish, in the 1st place, to mark the outlines in this case. I have said that 4 days before the assault was commit ted the words which led to that assault were uttered upon this floor. On the morning of the 4th day the member aggrieved told a Gentfrom his own State that he proposed to have satisfaction, and the understanding was that that satisfaction was to come out of the person of the member from Iowa during the course of the ensuing evening. This gentleman, who was a witness before the committee, says that upon that intimation he returned to his room, and thatjust before the adjournment of the House he came back here, supposing that an assault would be made that evening by the Gentfrom Kentucky upon the member from Iowa, and that in the interim he had put his pistol, loaded with powder and ball, into his pocket, and that then he came to the House and accompanied the Gentfrom Kentucky to the eastern portico.
Mr. HALE. Allow me a question. I would = ask the gentleman if the evidence before the committee did not show that General Rousseau wa not aware of this gentleman being armed, tha he had no knowledge of his having arms upon is person.
Mr. HALE. Will the gentleman allowme to appeal to his sense of fairness to read the 5 lines at the top of the 1st page so as to show what General Roussnsu’s knowledge was in regard to the matter?
Mr. SPALDING. Before I do that I WlSll to say that Colonel Pennybaker testified that he had no intention of using the pistol at all; but it will be found, on a further examination of the evidence, that he and the other 2 gentlemen who accompanied the Gentfrom Kentucky unite in saying, upon' cross enamination, that the design was to use their pistols if there was what they called a “ free fight;” or something of that kind they used some western phrase
Mr. RAYMOND. Theyintended to see that there was a free fight.
Mr. WRIGHT. Will the gentleman permit me to ask him a single question?
Mr. SPALDING. Certainl. I always yield to the Gentfrom NewJersey.
Mr. VRIGHT. I desire to ask the gentleman this question: when one member of this body ussai s another in language so gross as to degrade the member assailed In his own estimation and in that of his associates, how is redress to be obtained from this House? How shall the member whose character is thus nspersed be relieved from such aspersions?
Mr. ELDRIDGE. I wish to inquire whether these 3 gentleman who are outsiders were ever notified that their conduct was under in vestigation by the committee, and whether an opportunity was afforded to them to present witnesses to be examined in their defense.
Mr. SPALDING. I say to the gentleman, no; they were not charged by the committee with any offense. They were severally interrogated; each made his own statement of the transaction “as it took place, and they were then examined and cross examined.
Mr. ELDRIDGE. They were examined, then, simply as witnesses?,
Mr. SPALDING. Simply as witnesses to show the transaction.
Mr. SPALDING. They were never at any time apprised that theypwere chargedwith any violation of the privileges of the case until the report was made.
Mr. ELDRIDGE. I desire to make one further inquiry: whether there is any evidence whatever against
Mr. lilegrew and Mr. of any intention of bein present at aGnyrigsibliyiculty between Messrs. eklNNI ILL and Rors srzsu, or whether either of them had any notice or expectation that it was to take place at the time, and whether the report does not show expressly that no one, except perhaps Mr. Pennybaker, had any idea that the affair was to take place.
Mr. SPALDING. In answer to the gentleman I say distinctly that there was no evidence before the committee to show that either Colonel Grigshy or Dr. McGrcw knew that this conflict was to take place when they came to the House or until they saw it actually commence at the Capitol. And I say further, that it appears, so far as the examination shows the fact, that they had pistols in their pockets by accident and not by design.
Mr. ELDRIDGE. Does it not appear further in the testimony it seems to be so in the report that those 2 gentlemen had no idea.of taking any part in the transaction but all thiy admit is, simply, that in case a difficulty ha occurred by the interference of outside parties then the might have interfered?
Mr. SPALDIL G. I think it is not best to refine upon it too much. I will state the facts and the testimony as the v' were given. Those 2 gentlemen both disclaim having any knowl edge of the chastisement intended to be inflicted by the member from Kentucky upon the member from Iowa. They both protested that the "had no knowledge when they came to the all of the House that it was to take place. They followed up the other gentlemen or the purpose of accompanying them home to their lodgings; hutthey both agree that they had loaded pistols in their pockets, that they stood up in a convenient position during the time the blows were struck, and that they both would have interfered if there had been an interference by outsiders in favor of either of the parties. Mr. Rousseau or Mr. Gunman“
Mr. SPALDING. That I understand to mean, in case there was to be a free figh’t. [Laughter.]
Mr. ELDRIDGE. They did not either of them admit that they expected any such thing; on the contrary, they stated that they did not expect it.
Mr. JOHNson. I desire to call attention to one or 2 oints in the report. The gentleman stated that these outside gentlemen said they intended to interfere. I understand him in his report, and in the substance of his statement here, to say that they had no previous intention, but when they saw this thing going on they made up their minds that if there was unifoutside interference then they would go in.
Mr. JOHNson. Another oint. I had intended to submit some remar rs, but finding my health will not permit it, I merely call at tention to these points. It is stated in the report that “ 3 persons were present as friends of Mr. Rousseau.” It strikes me that that language is too strong. It conveys the idea that they were there by previous arrangement. It ought to read, it seems to me, that 3 persons were present who were friends of Mr. Roussmv, not implying that they were there as his friends.
Mr. SPALDING. It would be more proper to say, one of them, Colonel Pennybaker, was present by previous arrangement, and 2 of them by accident, or without any design. The did not know, they say, and there is no proo that they knew. that the assault was to be committed, but they were there with pistols in their pockets.
Mr. JOHNson. Then I will suggestiu this connection, that the fact that they were there with revolvers in their pockets oes not indicate that they intended to use them on that occasion; because they did not put them in their pockets with reference to this transaction. I call attention to this passage on page 2 of the report“ 0n the part of Mr. Gunman. it wasallegedthat his character had been publicly assailedbyMr. Rous sun on the floor of the houseaud elsewherein such mangeras to provoke and Justifytho remarks hehad in. Passing over the next paragraph, I now read the following: “ Nothing occurred in the courseof the inquiry to indicate that l! Mr. Gnusnsu. was actuated in the lightestdegree y malice or personal feeling toward Mr. Rousseau.”, It strikes me that there is some inconsistency in those 2 paragraphs of the report.
Mr. SPALing. That is hardly a legitimate subject of inquiry. The gentleman is putting his own construction on the language of the report. Iwill yield now to my colleague on the committee, the Gentfrom NewYork, [Mr. Rsrnoxu]
Mr. RAYMOND. I desire at present simply to move an amendment to the resolutions reported by the majority of the committee; audit is, to strike out the 1st resolution reported by the majority and to insert in lieu thereof the resolution reported by the minority of the committee, which is as follows: Resolved That Hon. LovsLL H. Bocssssu besum mened to the bar of the House and be there publicly reprimanded by the Speaker for the violation of the rights and privileges of the House. of which he was guilty in the personal assault committed by him upon on. J. B. GRINNILL for wordsspokenin debate. I undersand that my colleague [Mr. HALE] desires to move an amendment to that amendment, and I therefore refrain from any remarks at present, although I shall be glad, if the House sees fit to indulge me, to make some remarks on the general question before the debate is closed.
Mr. HALE. I will proceed to night or yield for a motion to adjourn, if the House pleases. [Cries of “ Go on!”] Then I offer the amendment which I send to the Clerk's desk as a substitute for the 1st 2 resolutions reported by the committee.
The Speaker. The amendment of the entle mau’s colleague [Mr. Rsntoxn] is to the 1st resolution, and the gentleman’s amendment must 0. ply to that.
Mr. HALE. What I wish is to substitute my amendment for theone offered by my colleague, and also for the 2nd resolution reporte by the committee.
The Speaker. That will not do. The amendment to the amendment must cover no more ground than the amendment itself.
Mr. SPALDING. I ask for separate votes upon the resolutions reported by the committee.
Mr. HALE. I ask my colleague [Mr. RAY MOND] to withdraw his amendment, so as to enable me to offer mine as a substitute for the 1st 2 resolutions reported by the committee.
The Speaker. he Gentfrom Ohio [Mr. SPALDING] has demanded a separate vote on the resolutions, and therefore the Gentfrom NewYork cannot move his amendment as a substitute for 2 resolutions. He can move it as a substitute for the 1st resolution, and if it be adopted, he can move to lay the 2nd resolution on the table.
Mr. HALE. I accept the suggestion of the Chair, and now offer the following as an amendment to the amendment of my colleague: Resolved, That this House. while oxpressing its unqualified condemnation and reprobntlon of the praction of personal reflectiop and remarks upon the floor of the House. Reflecting upon the character of membersin the onse. ond actsof violence toward membersupon any provaention of words, however istesvpeorewaenrdanudnmauetrhitoerdit;yatnodp‘riolteecetxtherespsrliyvialessgeerstln of its members, b yet, th as respects person and character. under all t o circumstancesof the case, deem it ine xpedient to take any further action in the matter of privilege now pending. so far as affecting Hon. Lovsu. H. ROUSSEAU andHon. Josuu B. Gaisssnn. Finding myself, as I do, differing from the conclusions of the entire committee ofinvestigation in this case, it is with great hesitation that I have offered the proposition I have submitted. And I will now proceed to discuss it. The committee which was appointed by the Chair was certainly a committee which commanded and now commands my entire confidence, as I have no doubt it did that of the House. It was a committee so composed as to be unobjectionable to every one, satisfactory to the friends of every party.
Mr. HARDING, of Kentucky. ettin to be late. Will the Gentfrom NewYork
Mr. HALE] yield to me to make a motion to a journ?
Mr. HARDING, of Kentucky. I move that the House now adjourn.
Skip Skip The question was taken; and upon a division, there were ayes 60, noes 44. And accordingly at 4 o'clock and 20 minutes p. m.) the house adjourned. It is now
Skip Skip PETITION. O The followingflletition waspresentedunder therule and referredto c appropriatecommittee: Mr. PERHAM: The memorial of temporary cler s in the Patent Office, in regardto the continuanceof their employment.
@@@IN SENATE SENATE. Moxnsv, July 16, 1866. Prayer by Rev. A. D. GILLETTE, D. D., of Washington. On motion of Mr. STEWART, and by unanimous consent, the reading of the Journal of Saturday last was dispensed with.
Skip Skip PETITIONS AND MEMORIALS. Mr. SUMNER presented a petition of 'citizens of Providence, RhdIsland, praying for the enactment of a law preferring for appointment toall offices persons honorably discharged from the military or naval service who have served for a period of 3 years during the rebellion; which was referred to the ComMilAffrs . REPORTS or COMMITTEES.
Mr. WILSON, from the ComMilAffrs , to whom was referred a JtResolution (H.R.No. 176) amendatory of a JtResolution entitled “A resolution respectin bounties to colored soldiers, and the pensions, bounties and allowances to their heirs, " approved ] one 15, 1866. reported it with amendments. e also, from the same committee, to whom was referred a refilntion instructing the committee to inquire into the expediency of reviding a system of education for soldiers, as red to be discharged from its further consideration; which was agreed to. He also, from the same committee, to whom was referred a resolution instructing the committee to inquire into the expediency of restricting all brevet promotions to such officers as have actually served in the Iield, asked to be discharged rorn its further consideration; which was agreed to.
Mr. CLARK, from the ComClaims, to whom was referred a JtResolution (S.R.N o. 111) for the relief of Sergeant Milton Mc Kinnon, reported it with an amendment. He also, from the same committee, to whom was referred the petition of Janes, Fowler, Kirtland & Co., praing for compensation for damages resulting mm the suspension by the Government of the work 0n the dome of the Capitol from May, 1861, to May, 186?, submitted a report accomauied by a bill (S.No.429) for the relief of dimes, Fowler, Kirtland & Co. The bill was read and passed to a 2nd reading, and the report was ordered to be printed. He also, from the same committee, to whom was referred a bill (H.R.No. 618) for the relief of the owners of the bark Maria. Henry, reported it without amendment.
Mr. RAMSEY, from the ComNavAffrs, to whom was referred a bill (S.No.267) authorizing the establishmentofa navy yard and a coal and naval depot at the harbor of Annapo lis, asked to be discharged from its further consideration; which was agreed to.
Mr. SUMNER, from the select ComCoinage, weights, and measures, to whom were referred the following bills and JtResolutions, reported them severally without amendment:. A bill (H.R.No. 596) to authorize the use of the metric system of weights and measures; A bill (H.R.No. 597) to authorize the use in postoffices of weights of the denomination of amines; JtResolution (H.R.No. 140) to enable the SecyTreasury to furnish to each State one set of the standard weights and measures of the metric system; and A JtResolution (H.R.No. 141) to authorize the President to ap oiiit a specal commissioner to facilitate the a option 0 a uniform coinage between the U.S and foreign countries.
Mr. DAVIS, from the ComClaims, to whom was referred the petition of Washington Crosland, praying for compensation for damages done to is referty in the city of St‘Lonis, Missouri, by the U.S. in building a railroad across it, submitted a report, accomanied by a bill (S.No.431) for the relief of Vashington Crosland. The bill was read and passed to a 2nd reading, and the report was ordered to be printed. Mr. WILLIAM‘, from the ComClaims, to whom was referred the petition of E. J. Curley, praying for compensation for corn furnished to the U.S. troops in Kentucky, submitted a report accompanied by a bill No. 433) for the relief of E. J. Curley. The in was read and passed to a 2nd reading, and the report was ordered to be printed.
Mr. ANTHONY, from the ComClaims, to whom was referred the petition of Mrs. Amelia Feaster, praing for compensation for services rendere and supplies furnished to our soldiers while prisoners of war, submitted a report, accomaiiied b a bill (S.No.484) for the relief of rs. Ame ia Feaster, of Columbia, SCarolina. The bill was read and passed to a 2nd reading, and the reg/int was ordered to be printed.
Mr. CONNESS. The ComPostOffices, to whom was referred a communication of the SecyNavy, communicating, in compliance with a resolution of the Senate of the 10th of March last, the report of Rear Admiral Charles H. Davis, Superintendent of the Naval Observatory, in relation to the various proposed lines for interoceanic canals and railroads between the waters of the Atlantic and Pacific oceans, have directed me to report it back, with a recommendation that it be printed, without the maps, for the use of the Senate, and that 5,000 extra copies, with the maps, be also ordered to be printed.
The PRESIDENT protempore. The motion for printing the extra number of copies will be sent to the ComPrintg under the rules. RECOMMITTAL 0s A BILL. On motion of Mr. STEWART, it was Ordered, That the bill. (H.R.No. 365)granting the right ofway to ditch and canal pWnarsover the public lands in the States of California, Oregon, and lNeri‘adal. be recommxttodto the ComPubic Lands. BILLS INTRODUCED.
Mr. ANTHONY asked, and by unanimous consent obtained, leave to introduce a bill (S.No.430) to regulate the civil service of the U.S., and remote the efficiency thereof; which was read twice by its title and referred to the ComJudiciary.
Mr. BUCKALEW asked, and by unanimous consent obtained, leave to introduce a bill (S.No.482) for the relief of C: F. John son, of Alabama; which was read twice by its title and ordered to lie on the table, as the ComClaims had previously reported on the subject. COMMITTEE CLERKS.
Mr. SUMNER submitted the following'res olution; which was referred to the Committee to Audit and Control the Contingent Expenses of the Senate: Resolved, That the clerkshipsof the standingcommittees of the Senate ho made permanent. at the same rate of compensationas is paid the permanent cmleernkesine fg the standinc committees of the Senate, comMarch 4, 1865, and that part of the duty of the clerks of the standing committees of the Senate shall be to direct and send off all documentspublished for distribution by order of the Senate. EVENING SESSION.
Mr. CLARK submitted the following resolution; which was considered by unanimous consent, and agreed to: Resolved That the Senatewill at half past four. on Tuesday.the 17th instant. take a recessuntil 7 o'clock p. m., the some day, for the purpose of consideringbills andreportsof the ComClaims, and no other business shall then be in order.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. llIcPnnnson, its Clerk, announced that the HoRep had passed a bill (S.No.236) to authorize the construction of certain bridges, and to establish them as post roads, with amendments, in which it re nested the concurrence of the Senate. The message further announced that the HoRep had passed a bill (H.R.No. 775) to establish certain postroads, in which it requested the concurrence of the Senate. ENROLLED niLLs SIGNED. The message further announced that the Speaker of the HoRep had signed the following enrolled hills; which were thereupon signed by the President protem pore: A bill (8. No. 114) for the relief of A. T. Spencer and Grirdon S. Hubbard; A bill (S.No.369) to establish certain post roads; A bill (H.R.No. 702) granting pension to Mrs. Charlotte E. Reed; A bill (H.R.No. 730) for the relief of Sn mantha Rader; A bill (H.R.No. 741) granting a pension to Jonathan w. Beach; and A bill (S.No.742) for the relief of the mine r children of Salvador Accardi, deceased. The message also announced that the HoRep had passed aresolution of the correction of its message to the Senate for the 11th instant, announcing its action upon the amendments of the Senate to the bill (H.R.No. 261 making apprOpriations for the consular an diplomatic expenses of the government for the year ending June 30, 1867, and for other purposes, in respect to the 6th amendment of the Senate to the said bill, which was agreed to by the House with an amendment. CONSULAR AND DIPLOMATIC BILL.
Mr. SUMNER. I send to the Chair a resolution for the correction of a message from the House. The House have passed an order on the subject, and it should be acted upon at once.
The PRESIDENT protemporc. The mes sa e from the House will be read.
The Secretary read it, as follows: In run Housn or Rsrnasmrrnivas, Ju i/. 866. Ordered, Th at the clerk be directed to correct and supply an omission in the messageannouncing the action of the House onthe Senate amendmentstothe bill (H.R. No.261)making appropriations for the consular and diplomatic expenses of the Government.8:12o., n the 11th instant, as follows: Instead of concurringin the 6th amendment of the Senatethe House concurredin said amendment with an amendment, as follows: After. “Smyrna” add “Spezzia, ” and strike out “Spenia” in schedule C consulates bein: a transtor of “ Spezzla" from schedule 0 to schedule B consulates.
Mr. SUMNER. I now offer the following resolution agreeing to the correction made by the House: Resolved, That the Senateagree to the correction of the messageof the HoRep in respect to its action upon the amendmentsof the Senateto the bill (H. It. No. 261) making appropriations for the consular and diplomatic expenses of the Governmentfor the year ending7J|une 30, 1867, and for other purposes, as requested y the House. The resolution was considered by unanimous consent and agreed to. CALIFORNIA LAND TITLES.
Mr. POMEROY, from the committee of conference on the disagreeing votes of the 2 Houses on the bill (S.No.343) to quiet land titles in California submitted a report that the Senate agree to the 1st proviso of the 10th amendment of the House, in these words: Provided, however, that from decrees of the district courts as aforesaid made after July 1, 1865, and prior to the passage of this act, on appeal may be taken to the U.S. circuit court of the State of California within one year from the approval of this act;” and that the House recede from the 2nd proviso of that amendment. The report was concurred in. HOUSE BILL REFERRED. The bill (H.R.No. 775) to establish certain post roads was read twice by its title and referred to the ComPostOffices. HENRY S. DAVIS.
Mr. BROWN. I desire to submit the views of the minority of die ComPubBldg and Grounds, in opposition to the bill (S.No.427) for the relief of Hen S. Davis. A majority'report was submitte on Saturday, and notice was given at the time that the views of the minority would be submitted today. I move that they be printed. The motion was agreed to. MARINE HOSPITAL AT YOKOHAMA.
Mr. EDMUNDS. I move to proceed to the consideration of Senate bill No. 408, making an appropriation for the erection of a.marine hospital at Yokohama, in Japan, and for other purposes. It is a short matter that will not excite any proposition.
Mr. conTSS. I desire to call up for consideration the resolution that I submitted on Sat urday, author'lzing the SecyTreasury to audit and settle the accounts of Caleb T. Fay and William Y. Patch, late assessor and collector of internalrevenue at SanFrancisco. I believe it is in the form of a concurrent resolution, and I ask the Secretary to change it so as to make it a JtResolution.
The PRESIDENT protempore. The Senfrom Vermont moves that the Senate now pIroceed to the consideration of Senate bill 0. 408
Mr. CONNESS. Is it not 1st in order to call up this resolution which was laid over by an objection on Saturday?
The PRESIDENT protemporc. The Chair thinks there is no priority of resolutions over other subjects where a motion is made in regard to abill; it stands on the same ground as a motion in regard to a resolution. It is in the power of the Senate of course to give a preference, when they seeproper by their vote, to one subject over another. he question now is on the motion of the Senfrom Vermont to take up the bill (S.No.408) making an appropriation for the erection of a marine hospital at Yokohama, in Japan, and for other purposes. The motion was agreed to; and His bill was read a 2nd time and considered as in Cem Whole. It proposes to appropriate $10,000 for the purpose of constructin a marine hospital for the use of the U.S., and to furnish the same with proor furniture, instruments, and medicine, at Yo, hams, in Japan. This sum of money, or 3 much thereof as shall be necessary for the purposes stated, is to be expended under the direction of the Dept of State. The bill was reported to the Senate, orderengross ibr a 3rd reading, read the 3rd time, and passed. 0. T. FAY AND W. Y. PATCH.
Mr. CONNESS. I move now to proceed to the consideration of the resolution that I named a moment ago. The motion was agreed to; and the Senate proceeded to consider the JtResolution (S.No.132) authorizing the SecyTreasur to audit and settle the accounts of Caleb Fay and William Y. Patch, late as sessor and collector of internalrevenue at SanFrancisco.
Mr. CONNESS. I move that the Secretary be directed to insert a title to that resolution and make it a JtResolution. It was introduced as a concurrent resolution, but it should prgplerlly be a Jtresolution.
The RES DENT protempers. The senator can modif his resolution as it suits him.
Mr. CONN SS. I have done so. There is a letter accomaning the resolution, from the SecyTreasury, which explains it fully a very short letter, which I ask to have read, and then I shall ask for the present consideration of the resolution.
The Secretary read the following letter: Tnnsunv DEPT, July 13, 1866. Dani Sin: I inelose to you herewith a proposed resolution authorisin the settlement of the accounts of Caleb T. Fay and illiam Y. Patch. late assessor and collector of internalrevenueat SanFrancisco, upon an equitable and Just basis. rain the report to meofclerks of this Dept appointed as a committee to investigatethe accounts of those officors, and to settle them. if possible.I am satisfied that byreuon of informality in the apppintment of certain personswho acted and werepaid by the collector as asst assessors, the accountsof these gentlemen cannot be Justly settledwithout the aid of some legislation like that proposedin accompanying resolution: I therefore desire to call the attention of Congress through gpu to this subeect. Very respectfully, McCULLO H, Secretary. lion. D. C. McRmm. M. 0., house Rgrresmtatwea. The JtResolution was read 3 times and passed. COMPENSATION OF OFFICERS OF SENATE.
Mr. WADE. I move to take up for consideration Senate bill No. 411, fixing the compensation of officers, clerks, messengers, and others in the service of the Senate.
Mr. HOWE. I appeal to the Senator to allow that bill to lie over until tomorrow, for this reason: the JtCom on the Li brary have adopted a proposition which the have instructed me to report as an amendment to that bilL It has not yet been drawn up; and I wish the Senator would allow the hill to lie over until tomorrow so as to allow that amendment to be drawn up.
Mr. WADE. I will inquire whether the proposition that the ComLibrary is deliberating upon covers the same ground that this bill proposes to cover.
Mr. HOWPE. The amendment does not cover the same ground, but it has reference to the pay of the officers of the Library. ll
Mr. WADE. That has nothing to do with this measure.
Mr. HOWE. I was instructed to offer it as an amendment to this bill.
Mr. WADE. I am afraid that this bill will not pass at this session if it is longer delayed.
Mr. STEWART. I hope the Senator will allow it to lie over temporarily until I can call up a bill which will not take any time.
Mr. WADE. I will let it pass by for the present, but I give notice that I shall call it up again t morrow.
The PR SIDENT protempore. The motion is withdrawn.
Mr. STEWART. I move to take a for consideration House bill No. 466, which has been reported from the ComPublic lldl ] v "r a motion was agreed to; and the bill (H.R.No. 466) erecting the Territory of Montana into a surveyin district, and for other purpose u, was considered as in ComWhole. It proposes to erect the Territory of Montana into a surveying district; and to authorize the POTUS, by and with the advice and consent of the Senate, to appoint a surveyor general for that Territory, who is to hold his office at such place in the Territor as the SecyInterior may direct, at the location of his office may be changed from time to time if, in the opinion of the SecyInterior, the pubic interest should require it; and.the powers, duties, obligations, and responsibilities of the surveyor general are to be the same as are now prescribed by law for the surveyor genera of Oregon. His salary is be $3, 5001per annum for his sei‘vices, With proper allowauce for clerk hire, office rent, an fuel; which allowance is not to exceed the amount now allowed, or that may hereafter be allowed by law to the surveyor general of Oregon. The ComPublands reported an amendment, which was to change the provision for the salary of the surveyor general from $3, 500 to $3,000.
Mr. STEWART. I offer the following amendment in the shape of additional sections: Abife: that the said Territory of Montana be and is hereby created a land district to bear the nameof said Territo. the district land office of which shall be establishedat such place within the land district as the POTUS may from time to time direct. Abife: That for the purpose of caning this not into effect the President shall be, and o l S hereby, authorized to appoint.by and with the advice and consentof the Senate as in similar cases.a register and recciver for said district. who shall be required to resideat the site of the district land office and whose powers. duties obligations, and responsibilities. Compensation and cmo uments shall be the same as now allowed by law for like officersin NewMexico.
Mr. WADE. I offer the followmg amendment, to come in as an additional section: Abife:, That said surveyor general shall selectand survcypightoen alternate odd sections of iron mineral or tim cr‘lands within the sMaiindi ndgistrict, for the NewYork and Montana Iron and Manufacturing Company incorporated underthe lawsof the State of NewYork. which lands the said company shall have immediate possession of on payment of $1 25 peracrp and shall have a patent for the same whenever within 2 carsafter their selection the shall have furnish evidence.atisfactoryto the SecyInterior that they save erected and have in operation on the said land ron works with a caphcity for manufacturin 1500 tons of iron perannum: Provided. he said ands shall revert to the U.S. in case the above mentioned iron works be not erectedwithin the specifiedtime: And provided.That until the title to the said lands shall have beenperfected the timber shall not be cut oil"from more than onesection of the said lands.
Skip Skip The question being put, Mr. BUCKALEW called for a division.
Mr. WADE. As a division is callad for, I wish to explain the amendment. It is certainly germane to the bill, and it prooses to permit this company to make iron lI‘l. ontana and to havea certain number of the odd sections surveyed by the surveyor general in making his surveys for that purpose, that they may purchase them at the usual price; but it is to be land on which there are no minerals, but wood alone; nor are they permitted to take the wood, except upon one section, until they have complied entirely with the grant, paid for the land, and are making their iron according to it. This amendment, I believe, fails to encounter any of the objections which were made to the bill which was introduced before in regard to this company. None of the objections which the President had to the former bill apply to the provisions embodied in this amendment, and I believe it meets the a probation of most, if not all the members of the ComPublic Iiands. I showed the amendment to all the members of the committee who were here at the time, and none of them had any objpetion to it. I hope it will be adopted, for I am sure nothing can be more beneficial to the people of that Territory than this will be if it is permitted to pass. I hope no opposition will be made to it.
Mr. POMEROY. The amendment which the Senfrom Ohio has proposed is, I think, free from the objections that were made to the former bill on this subject. I certainly am very willing that it should pass. I think there should be no objection to it.
Mr. WADE. I showed it to all the members of the committee who were present, but I believe there are some now present who were not here then. a, Mr. BUCKALEW. I supposed it was precisely the same measure that had been vetoed.
Mr. POMEROY. This is drawn to obviate the objections of the President.
Mr. BUCKALEW. The only thing that occurs to me in this connection, after the explanation which has been made, is that it is a very remarkable section which it is proposed now to insert in this bill, that a certain survey shall be made to a plarticular party excepting the case of those w oare interested in this minin compaii from the operation of the genera laws. do not understand why we should select out the particular mining company in question and authorize them by act of on gress to have particular sections ordered to be surveyed to them. If they desire lands why do the not go in and take them up under the genera laws? I do not understand the reason for this discrimination, unless it be to give some advantage which the general laws would not confer upon them. 0
Mr. I ADE. It gives them no advantage over anybody else; it only anticipates the time when these men can go and take all the land they please by paying the Government price for it. Those composing this corn any are very anxious to try the experiment 0 making iron in Montana now. It will be some time before the land in that Territory will be surveyed. The proposition in this bill is to appoint a surveyor general to survey the Territory, but it will take a good while to do it. Now, ifthese men can secure wood enough to warrant them in attempting this enterprise they want to do it. There is no special advantage to them in this section. There is no mineral land grant; there is nothing else in it than simply allowing them to go in and locate themselves on this land at once, so that they may find enough wood to run a furnace to make iron.
Mr. JOHNSON. Are they to pay for the an?
Mr. BUCKALEW. I think there is no anal ogy between grants of land to a railroad corporation and particular grants of land to aprivate party or to a private business corporation. A railroad is a public highway, and there are public objects connected with the making of improvements of that description which do not. apply in other cases. I make this observation in answer to the suggestion of the Senfrom Ohio that our grants to railroad companies of lands in the Vi est will justify our grants, as I understand him, to individuals or to corporations wherever there are legitimate objects connected with the bill. But, sir, under the explanations which he has submitted, although I have not critically compared the present amendment with the bill which was recentl vetoed by the President, I withdraw the call for a division.
The PRESIDENT prolemporc. The call for a division being withdrawn the amendment is a reed to. '1‘ ie bill was reported to the Senate as amended, and the amendments were concurred in. It was ordered that the amendments be engrossed and the bill be read a 3rd time. It was read the 3rd time and passed. CODIFICATION.OF CUSTOM“ LAWS.
Mr. CRESWELL. I move that the Senate take u for consideration Senate JtResolution lo. 82. The motion was agreed to; and the Senate, as in ComWhole, proceeded to consider the JtResolution (S.No.82) to provide for codifying the laws relating to the customs. It directs the SecyTreasury to cause to be prepared an submitted to Congress at its next session a general customs revenue law, designed to supersede all other laws on that subject, and embracing all necessary provisions for regulating the foreign and coasting trades, the assessment and collection of duties on goods, wares, and merchandise imported from foreign countries, and other subject matters imme iately pertaining thereto; the expenses necessarily incurred in the prep aration thereof to be paid from the appropriation for the expenses of collecting the revenue from customs. The ComCommerce reported the JtResolution with 2 amendments. 'The 1st amendment was to insert after the word “session, ” in line 5, the words “under the direction of one member of the Senate and one member of the HoRep, each to be appointed by the Presiding officer of the body to which he belongs."
Skip Skip The amendment was agreed to. The next amendment was to add at the end of the resolution the following proviso: Provided, That the said expenses shall not exceed 810.000.
Mr. HARRIS. I desire to inquine f the Senfrom Maryland whether this whole subject is not embraced within an act that has alread been passed for the general codification of the acts of Congress. It seems to me it has been already provided for.
Mr. CRESWELL. My impression is that that bill has not passed the House.
Mr. HARRIS. It has passed the House and is a law; and candidates are already applying to the President for nomination to engage in that work of codifying the laws of Congress, embracing, of course, these laws as well as others.
Mr. HA IS. I am not at all opposed to this measure. I can see very well the necessity for a codification of the laws relating to the revenue. The difficulty I have is that we have already provided for it. Commissioners are to be appomted; we may expect their nomination an day; and the duty of those commissioners wilfbe to codify alfour laws. I have supposed that to one of those commissioners wou d be assigned the dutyof codifying the revenue laws. Are we not likely, if we pass this resolution, to have 2 sets of commissioners at work on the same subject? It will be the dut of these commissioners, by law, to codify all the laws. It. seems to me the Senfrom Maryland must modify his proposition in some way so as to relieve the commissioners to be appointed under the law already passed from this portion of the duty now assigned to them; otherwise we shall have 2 sets of men engaged in the same work.
Mr. CRESWELL. The difficulty arising out of that is precisely the one that I have stated; that, owing to the immense deal of work that will devolve upon the codifiers appointed generally over the whole system ot laws, it will necessarily be a long time before any definite result can be reached, perhaps 5 years.
Mr. CRESWELL. It is very di cult to tell how long it will be. It is a very extensive work; it will require a great many corrections; and the entire operations of the commission will have to be carefully revised by certain gentlemen of both Houses of Congress, and they bein called upon to act anew on the subject, it willI necessarily lead to other long delays. I have had some experience on this subject myself in the State of Maryland, where we attempted to codify the acts of our Legislature, and it resulted in very great delays. It was some 3 or 4 years, or perhaps 5 years, before we had completed that system, and it was then full of defects; and the Legislature ever since has been endeavoring to correct it. What we want here is, to place at the disposition of the Treasury Dept a certain correct system of the laws, presenting them, as it were, at one view; so that the Dept may submit auniform system ofinstructions and laws to all the officers of the General Government throughout the country. That seems to be a desideratum, for the want of which the Dept has been suffering the greatest in convenience; and the anxiety of the SecyTreasury is so great on that subject, that I am disposed to call for the vote of the Senate upon this proposition, believin, as I do, that it will only facilitate the genera work to which the honorable Senfrom NewYork has referred.
Mr. SUMNER, The object of the Senfrom Maryland would naturally form a chapter in the labors of the commissioners that are about to be appointed for the revision and consolidation of a l the statutes of the U.S. Of course, in that revision a very important chapter would be all the statutes re ating to the revenue service of our country. Now, as I understand the Senator, be prooses that another commission, in advance of the commission which has already been authorized b Congress, shall take this special subject of the revenue statutes. I have no evidence before me that the case is sufficiently urgent to justify this double effort, if I may so express myself' that is, if the motion of the Senfrom hiaryland shall prevail, we shall have 2 sets of commissioners at work on that same subject. Does the occasion require it? Are we justified in setting these 2 machines in' motion? Is not one enough? I have no evidence before me to show that one is not enough.
Mr. GUTHRIE. This resolution, which was introduced by me and was referred to the ComCommerce, provides for an object which is thought to be necessary, of having a codification by congress of the laws relating to the customs. I will state to the Senate that under a resolution of Congress during the time I was SecyTreasury I caused to be compiled a code of the revenue laws, which was reported to conress, but not acted on during the period that remained in the Treasury. At the instance of the present SecyTreasury I introduced this resolution. The compilation as made then is printed and still exists in the Treasury. It will; be a very light work to bring down that codification of these laws to the present time. I hope the Senfrom NewYork and the Senfrom Massachusetts will withdraw their opposition to this measure. The codification can be returned at the next session and if adopted by Congress it can be printed as a portion of the general codification, for it will come in and be acted upon long before that general codification. I deem it absolutely and essentially necessar to a systematic and faithful performance of their duties by the officers engaged in the revenue service to have the revenue laws reduced into one body, so that all the collectors and other revenue officers and every merchant in the U.S. can understand the law. I think it is right enough to have a general codification of all the laws; but we cannot have that for 5 years, and I do not believe it will be finally passed by Congress in ten years. This codification is ready preared, only needing some amendments to made it suit the present time and some modifications which the experience of the experts in the Dept may have suggested. I trust gentlemen will withdraw their 0 position to the resolution.
Mr. LINER., In what I said a moment ago I intimated a doubt as to the expediency 0 this 2nd commission. I confess, however, that I have been very much im ressed by what has fallen from the Senfrom Kentucky. His argument in favor of this work seems to me to be ver strong. It is quite patent that the main work cannot be completed or some time; but, as I understand from the Senator, the proposed codification of the stat utes relating to the revenue ought to be done as soon as possible. I am told it is needed now, and if that is the case I shall certainly make no oppdsition. The JtResolution was reported to the senate as amended and the amendments made as in ComWhole were concurred in. The resolution was orderengross for a 3rd reading, and was read the 3rd time.
Mr. SPRAGUE. I move that the resolution be referred to the ComFinance, with instructions to report 0n the 2nd Tuesday in December next. It is well known that an important bill from the other House has been referred to that committee, which, if passed at the next session, will alter the revenue laws very materially. It would seem to me very appropriate to refer this resolution to that committee, that they may see whether it is necessary that these laws should be codified and arranged. d
Mr. CRESWELL. I hope that will not be one.
Mr. HOWARD. If we are likely soon to come to a vote on the measure now before us, I shall not call for the order of the day. Otherwise, I must insist upon it.
Mr. TRUMBULL. Is the general codification of the laws to he made subservient to a revision got approbably by some clerks? I do not‘know who is to get out this revision. Does the Senator know?
Mr. SUMNER. No, I do not. nothing about it.
Mr. PrUMBULL. It seems to me this is all immature and inconsiderate. I do not know what committee it comes from.
Mr. TRUMBULL. I he e the motion of the Senfrom RhdIs and will prevail, and that this matter willbe referred to the ComFinance, to be considered and reported on at the next session, or that we may make some other disposition of it than to pass it at the present time.
Mr. G THRIE. I hope the motion of the Senfrom RhdIsland will not prevail. He might as well offer a resolution that until we are done legislating upon the subject of the customs we shall have no modification of the customs laws. He says we are to have the tariff bill reported from the Senate committee next December. They may not report that bill at all, or they may make it a very different I know bill from what it new is. That will be part of the customs laws when passed, and so of any other bill passed at the next session. It is absolutely necessary and essential to the proper understanding of the revenue laws to have this codification. I have no question that we are losing money every year and every day for the want of it. There are over 120 acts of Congress to be considered in assessingthe revenues under the existing laws and a great many of them conflicting and of difficult construction. Then we havcthe opinions of the Secretaries, and we shall have them again. They make a new explanation of the laws every once in awhile.
Mr. TRUMBULL. Will the Senfrom Kentucky allow me to inquire of him who is making this revision '1.
Mr. GUTHRIE. When I was SecyTreasury Congress passed a resolution providing for codifying these laws, and I had it done by experts in the office and a Gentfrom Pennsylvania whom we employed under the resolution. The codification was reported to Congress, but they did not act upon it. I found the codification here printed this winter, just as it was reported to congress, and in a conversation with the experts in the office they desired very much to have this codification completed and they prepared a resolution for that purpose which I introduced here, and which the Senfrom Maryland has reported from the ComCommerce. The codification is already preared, and it only wants the modification that ifferent legislation since that time and the additional experience that has been acquired in the office renders necessary. It was introduced into this body before the measure to codify the general laws. That was not objected to because this was pending and should not have been, because ifthis codification should be reported to us and we should pass it next session, or the session afterward, it will be a long while before the general measure will come before Congress, and you will not get Congress to pass on that until some years after it'has been reported and printed. I trust we shall vote down the proposition to refer the resolution to the Committee on Ff nance. I would rather see it rejected at once.
The PRESIDENT protempera. The question is on the motion of the Senfrom RhdIsland to refer the resolution to the ComFinance with instructions to report upon the same on the 2nd Tuesday in December next. The motion was not agreed to.
Mr. TRUMBULL. I call for the yeas and us s on the passage of the resolution. he yeas&nays were ordered.
Mr. JOHNson. Is it the purpose of the resolution that the commission, to be appointed under its authority, is to report to us a tariff bill, to revise the duties now imposed? [“Oh, no."] It seems to be very comprehensive in its terms.
Mr. GUTHRIE. It includes all thenavig gation laws.
Mr. CRESWELL. It is to be a revision of the existin laws affecting the customs and all kindred subjects.
Mr. SUMNER. I think that the expense ought not to exceed $5,000; $10,000 is too much. I think the Senate had better let the resolution be amended by substituting $5,000 for $10,000.
The PRESIDENT protempore. The resolution is not now amendable, except by unanimous consent.
Mr. CRESWELL. It only gives the SecyTreasnrya discretion up to $10,000; he thinks it will require that much to do the work properly.
Mr. SUMNER. That is too much. I do not want to give that much.
Mr. CRAGIN. I hope the resolution will pass. For 4 years I was special agent of the Treasury Dept, an had occasion to study these laws, and I say here today that there is almost absolute necessity for this codification.
The PRESIDENT protempera. The question is on the passage of the JtResolution. The question being taken by yeas&nays, resulted yeas 30, nays 8; 11. So the resolution was passed.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. McPBRSON, its Clerk, announced that the House had passed a bill (H.R.No. 787) exempting pensions from internalrevenue tax, and aJtResolution (H.R.No. 188) for the appointment of a commission upon transportation between the western States and the Atlantic sea board; in both of which the concurrence of the Senate was requested.
Mr. POMEROY. I desire to call up the report of the committee of conference on the bi S.No. 145) for a grant of land to the State of ansas to aid in the construction of the Northern Kansas railroad and telegraph , which Was submitted on Saturday, but which was laid aside at the request of the Senfrom Maine, [Mr. FESSENDEN] who has since examined it, ‘hnd says he has no objection to it. I merely desire to have a vote on the report. It has been read. There being no objection, the Senate resumed the consideration of the report.
Mr. POMEROY. Imove that the Senate concur in the report. The motion was agreed to. MISSISSIPPI intuit BRIDGES.
The PRESIDENT protempera. The unfinished business of Saturday is the bill (S.No.387) to secure the speedy construction of the Northern Pacific railroad and telegraph line, and to secure to the Government the use of the same for postal, military, and other purposes. Before proceeding to its consideration the Chair will present, by the indulgence of the Senate, a bill which has been returned from the HoRep with amendments.
The Secretary read the amendments made by the HoRep to the bill (S.No.236) to authorize the construction of certain bridges, and to establish them as post roads.
Mr. TRUMBULL. I move that the Senate concur in those amendments of the House.
Mr. HENDERSON. I move to refer the bill and amendments to the ComPostOffices. I am not going to discuss this question; the weather is too warm to make anybody think of anything of that sort. The Senate know that I have opposed the passage of this bill. The bill was passed byWng a bridge at Quincy one at Hanniba, an (meat Bar t ton. I opposed that provision of it which a lowed draw bridges. The bill went to the HoRep and they have sent it back with amendments addinv a bridge at Prairie du Chien, one at Keoku, one at Wi nona, one at Dubuque, and one at Kansas City on the Missouri, making 7 draw bridges on the Mississippi river. Since the bill was passed in the Senate, a proposition by the chairman of the ComPostOffices was adopted in this body, sent to the lower House, and adopted there, providing for an actual survey of the Mississippi river to as certain by a board of competent engineers whether it is advisable to bridge the river in this we or not and to report at the next session 0 Congress. I hope that the Senate, after having passed that measure, will not in sist upon passing this bill. If there is a proposition in which my constituents feel a deep interest, and which they would regret very much to see passed, perhaps more than any other measure, it is the one now before the Senate. I will state another fact, that since the passage of this measure in the Senate a plan has been laid before us by General Palmer, who has built the bridges on the eastern division of the Pacific railroad, and who has very success fully built them, which plan I now hold in my hand. It is a submerged iron tubular bridge to be sunk entirely below the bed of the river. He assures us that it is perfectly practicable; and beyond that I have the indorsement of 6 or 7 of the most eminent civil engineers in this countr, and upon them is the indorsement of Mr. inville, the eminent civil engi neer of Philadel hia.
Mr. HOWAR. I perceive thatthe measure is going to lead to a protracted discussion, and I must therefore instst upon proceeding with the order of the day.
The PRESIDENT protempore. The order of ghe day being called for will be proceeded Wit.
Mr. HENDERSON. I cannot consent that this bridge bill shall be passed without explaining the matter.
Mr. TRUMBULL. It is evident that the Senfrom Missouri, who has fought this bill from the beginning, will make all the delay e can.
Mr. HENDERSON. I will fight it to the close, undoubted].
Mr. TRUMBUEL. We may as well meet it at one time as another. I trust that the hill which has now passed both Houses of Congress is not to be deeated simple by dilatory action. Let it come up, and let us have the action of the Senate upon it. If a majority are Opposed to bridgipg the Mississippi river; if they wish to rece e from what was done here very delib erately the Senfrom Missouri contested the thing a whole day be it so. I am entirely willing, except for the time it would take, to go over the argument with him again. I think it was shown, and it can be shown again, to be of the highest importance that this bill should pass. My State has quite as much interest in the Mississippi river as has the State which the Senator represents; she happens to be on the other side of the river from his State; that is all the difference. I wish to preserve the mississippi river as well as to have these railroads accommodated.
The PRESIDENT protempore. Further debate on that bill is out of order, unless there is a motion to postpone all prior orders and proceed with it.
Mr. TRUMBULL. I desire to inquire of the Chair if' this measure will not come up as soon as the other bill is disposed of.
The PRESIDENTprotam pore. Being business from the HoRep, the Chair would present it to the Senate at any moment when there was a cessation of business. Subject to a vote of the body at any time, business from the HoRep is considered as having precedence, and it is the duty of the Chair to lay it before the body always at all practicable times. “AMELTILUMBULL. Before the special order is ta on u: tHGSIPB the attention of the Senfrom Iissouri a moment on the bill with regard to the bridging of the Mississippi river. I understand that he desires to refer it to the postoffice Committee. I have no objection to its being referred if it is not to be delayed by that course.
Mr. HENDERSON. I do not seek any delay, but I desire the postoffice Committee which has the profile that I held in" my hand before it, to examine the matter again.
The PRESIDENT protempore. The Chair must again suggest that debate on the bill alluded to is out of order at the present time, unless there be a motion to postpone the order of the day.
Mr. TRUMBULL. I ask the consent of the Senfrom Michigan to allow the special order to be laid aside informally for a moment, that we may refer the bridge bill so as to get it. disposed of. I shall not object to the reference if it is not oing to delay the bill.
Mr. HENDERSON. My motion is simply to refer it.
Mr. TRUMBULL. Let it be referred, then, to the postoffice Committee.
The PRESIDENT protem ore. The question, then, is on the motion of theSenfrom Missouri to refer the amendments of the HoRep to Senate bill No. 236 to the ComPostOffices. The motion was agreed to.
Mr. BROWN. I desire to offer an amend ment to the House amendments to that bill, which I ask leave to have referred also to the postoffice Committee.
The PRESIDENT protempore. The Chair is of opinion that on a motion to refer to acommittee a bill of the Senate with amendments of the HoRep it is not so before the Senate that a motion to amend the House amendments is in order. When the bill shall have been reported from the committee, it will be in order to propose an amendment to the House amendments; but an amendment which comes from the House and by a vote of the Senate is referred to a committee, must be acted upon, in the opinion of the Chair, without any amendment from the Senate.
Mr. BROWN. Can I not, by unanimous consent, have my‘amendment referred to the committee, for the purpose of consideration there?
The PRESIDENT protempera. Certainly, by unanimous consent.
The PRESIDENT ro temporc. Objection being made, the amendmenteannot be received. UNIFORM BANKRUPT LAW.
Mr. POLAND. On my motion on Saturday, the House bill to establish a uniform system of bankruptcy was made the special order for today at one o’clock. I am aware that by our rules the unfinished business of Saturday takes precedence, and as that measure is one which feel some anxiety to have passed, I do not wish to antagonize it with the bankrupt bill, but I desire to give notice that as soon as that measure is disposed of I shall ask the Senate to proceed to the consideration of the bankruptcy bill, and I hope we may be ready to have it considered. NORTHERN PACIFIC RAILROAD. The Senate resumed the consideration of the bill (S.No.387) to secure the speedy construction of the Northern Pacific railroad and tele graph line, and to secure to the Government the use of the same for postal, military, and other purposes.
Mr. SHERMAN. As this is a matter of figures about which we certainly ought not to differ, I will state to the Senator that I take the amounts from the bill itself, and the distances furnished me by gentlemen interested in this road. I can give him the precise fig ures. I have the computation here.
Mr. HOWARD. I shall be very lad to be informed of the data upon which Eat statement was made.
Mr. SHERMA'N. I will give you the data. The guarantee is for 450 miles east of the 101st merid ian of longitude at $24, 900 a mile, given by the bill, making $10, 205,000. The guarantee is for 620 miles west of the 101st meridian of longitude to a certain point in the mountains at $32,000 a mile, making $19 840000. The 3rd guarantee is for 520 miles west of and in the range of mountains. at $98,000 a mile, making $51, 428,000. The guarantee for the western division, whichis not fixed, but is estimated, is 350 miles at $57,000 a mile, making $19, 970,000; making the principal of the stock guarantied $102, 148,000. You pay‘6%. interest on that for 20 years, which makes the precise amount I gave to the Senate, $122, 672, 600, with a great probability of the length of the line. being increased by the surveys of the route and the windings across the mount ains to make it longer than is estimated for; but I give the distances as I find them in the terms of the bill. I do not think that as to the amount there ought to be an question.
Mr. SHERMAN. Mr. President, I do not wish to prolong this discussion; but a further examination of this bill and some statements made by the Senfrom Michigan induce me to reply very briefly to him. I find in the statutes of 2 years ago 2 railroad laws; one of them for the building of the Union Pacific railroad, which was an amendment to the law passed 2 cars before that, and in tended to give to the Union Pacific railroad increased facilities. Those facilities were granted, not by an additional guarantee by the Government, but by a provision in the law which authorized the company to issue their bonds to bear date prior to and of a higher lien than the liability to the U.S. The 2nd bill was a bill to incorporate the Northern Pacific Railroad Company. These 2 bills are framed upon an entirely different the ory. One bill provides for a direct grant of money or bonds by the U.S. to the Union Pacific Railroad Company in addition to the ordinary land grants, and to the construction of this road the credit of the U.S. was pledged to the amount of about 90 million dollars, all told, including all the various branches; so that the utmost lia bility of the U.S. for the Union Pacific railroad', according to the estimated distance then before us, and all its branches, including 3 in the East and onein the West, was about 90 eightmillion dollars. At the same time, and the 2 laws are here to ether, passing together at the same time the bill to organize and incor orate the Northern Pacific rai road, instead 0 ranting
Mr. HOTVARD. The Senator cannot have forgotten that the Union Pacific railroad bill was passed in 1862.
Mr. SHERMA I have already stated that. The Senator will nd hat I am not mistaken.
Mr. HOWARD. he Senator is speaking of the 2 measures as being contemporaneous. In that he is certainly mistaken.
Mr. SHERMAN. I have already stated that the original Union Pacific railroad act was passed in 1862. The 2nd one, which gave further relief, was passed in 1864.
Mr. SHERMAN. The amendatory act upon which we are now acting.
Mr. HOWARD. But the amendatory act did not grant any additional subsidy. M
Mr. edOUGALL. et me ask the senator a single question: whether it would not be well to improve our frontiers?
Mr. SHERMAN. It is proposed to run along our northern frontier until the westernter minus is reached on British Puget sound.
Mr. McdOUGALL. That'is not British, but American.
Mr. HOWARD. The Senator ccrtainl cannot be ignorant of the fact that both the c arter and the bill now under consideration contain a clause authorizin Congress at any time to alter, amend, or repea the respective acts at any moment.
Mr. SHERMAN. I know that; but does not the Senator know very well that when we have made a bargain a sense of honor and good faith always prevents us from availing ourselves of that right, except to prevent some great wrong? If the company simply oes on and pursues its art of this stipulation, the company need never 'car that Congress will violate its contract. I say that the contract itself is improvident in its terms, giving to this company a subsidy of an unreasonable amount.
Mr. MCDOUGALL. allow me, I wish to make a single remark. I wish to observe that the Government does not make contracts in these matters; they make grants; and if a grant is not sufficient for the object, they may give an additional grant. It is not in the nature of a contract between man If the Senator will" and man. That is the difference between the 2 propositions.
Mr. HOWARD. I beg the Senfrom Oregon to yield me the floor for one moment. The Senfrom Ohio made one statement to which I wish to call his attention. IfI understood him rightly, he said that the liabilities of the Government, in the shape of government bonds granted or to be granted to the Union Pacific railroad and its several branches, would amount to $98,000,000. Did I understand the Senator correctly ‘I
Mr. SHERMAN. That, I believe, is the estimate, from 95 to 98 million dollars.
Mr. HOWARD. I wish to inquire of the Senator whether he does not include in that estimate the value of the lands granted.
Mr. HOWARD. I think the Senator must include the lands.
Mr. SHERMAN. I include all the bonds granted to the Union Pacific and to the Leaven Worth branch, the Sioux City branch, and all its branches. I do not feel perfectly confident about it, butI think it is about 98 million dollars.
Mr. HOWARD. My impression is that the Senfrom Ohio must have included the value of the lands in that estimate. Now, let me call his attention to some facts and figures. suppose the line to be 1800 miles oug from the 100th meridian of Ion gitude to the ocean. The grant, according to the terms of the charter, being $10,000 to the mile, except in the mountain districts where the grant is $48,000 permile in bonds, the whole amount of bonds and this is including the 3 branches at the East, estimatin the length of each branch at 100 mi esto be issued to that company and its branches will not exceed 48 million dollars. If to this we add for California, which has 2 sections, one mountaine us and the other not, the share of bonds which would fall to the California Central, we have the total of $67, 120,000 in Government bonds to he issued to the Union Pacific railroad and all its branches.
Mr. SHERMAN. There is a statement on file it just occurred to me, and Ihuve sent for it made by Colonel Simpson recently, in which he gives the entire distance at about 2200 miles for the railroad and its branches; 300 miles at $48,000 a mile, and perhaps1,000 at $32,000. There are 3 different grades of road. I can show you the precise statement. I think it is $08,000,000.
Mr. HOWARD. I think whoever has made such a statement must have made an overestimate. I do not think the liabilities of the government on account of these roads will exceed $57,000,000 for the bonds which it will be required to issue. But if we admit that the statement of the Senator is correct as to the amount ofbonds thus to be issued, and that that amount is $98,000,000, he will see that at the end of 30 years, during which we are to pay the interest at 6%., if we never get anything bnck from those companies, the liability of the U.S. will be at least $175,000,000 for interest, to which must be added the $98,000,000 of principal which we are to issue in favor of those companies. The difference, it will be seen, is very great. I must think that the basis of the Sepato‘r" sestimate is in Bvuly ] M
Mr. SHERMAN. I have examined the law, and there is no doubt of one thing, of our lia bility under this bill to guaranty a principal sum of stock of $102, 143,000 for 20 years. The amount we pay under this bill, at the low est estimate possible, is $122, 671, 600. There is no doubt about the amount in this case, at at an rate.
Mr. HOWARD. Upon the assumption that the company will never pay back again, either in the shape of the proceeds of the lands, or by way of transportation upon its road, or by way of the 25%. of its net earnings, after it shall have completed its road. That is not exactly a fair way to state any question, according to my judgment. It omits the most v“.im ortant elements that belong to it.
Mr. WILLIAMS. Mr. President, I do not propose to protract this discussion, as I know the Senate is very impatient for a vote upon the question; but 2 or 3 objections have been made to the passage of this bill that it seems to me deserve to be noted. One upon which the Senfrom Ohio particularly relies is, that if this appropriation is made to the road there is great danger that the company may sell it to some company organized in Canada and under the laws of GreatBritain, so that this work may be transferred to the control of the subjects of the British Government. In the 1st place, I answer that objection by saying that it is extremely improbable that American citizens and this bill requires that 3/4ths of the directors of this company shall be American citizens would transfer a great work like this, connecting the 2 oceans, to the control of the subjects of GreatBritain.
Mr. STEWART. I will inquire of the senator if he thinks that English capital would be very ready to go into this enterprise with a view of using it adverselito the U.S., wrth this provision in the bill that Congress may repeal or modify the law at any time.
Mr. WILLIAMS. I was about to add to the reason that I had just assigned that congress has the power to amend, alter, or repeu the original charter at any time; so that if the company, in case this appropriation is made, should undertake to put the road under they control of the citizens of Canada, Congress has the' ower at an time to take away this charter.
Mr. SHERMAN. I will ask my friend whether he thinks congress could repeal a guarantee. After the ads or stoc were issued, could Congress then, by repealing the guarantee, refuse to comply with the stipulations of that tarantee printed on the back of the stock? ‘uppose a transfer is made ten years afterward, about the time the road is completed, and after the stock has been all issued and 1000s of people interested, could the Government of the U.S. then, by repealing the charter, refuse to pay the guarantee of the interest on this stock? Certainly not.
Mr. WILLIAMS. I suppose that if a charter is granted by Congress to a company, and the charter declares that Congress at any time shall have the power to alter, amend, or repeal that charter, any person who contracts with the persons so incor orated contracts with a view to that part of the charter, and it becomes a portion of the contract; and I say that congress has at any time
Mr. SHERMAN‘. Let me ask my friend a question. Suppose we pass aloan law, which is liable to be repealed at any time, and we issue 3year bonds' on that loan law; I will ask the Senatorwhether, underthose circu instances, we could not repudiate the bonds because we have a right to repeal the laws under which they were issued. Is not that precisely this case? Here the stock is issued under a law passed by us, which is repealable like all other aws, and we guaranty stock issued under that law. We are ound to make good that guarantee. Whatev the company may do, that guarantee is binding upon us, and the faith of the U.S. is pledged for the payment of that interest for tweity years. There can be no doubt of it.
Mr. HOHVARD. Does the Senfrom Ohio suppose that the repeal of the law would vitiate and annul such a contract?
Mr. SHERMAN. It is the Senfrom, Oregon who seems to think so.
Mr. HOWARD. I do not understand that to be the law atall.
Mr. CRAGIN. On that particular section, and so on as it advances, and the moment the road begins to be built then the land will begin to be valuable and to be sold, and the proceeds of the lands on the south side will, as they are sold, go into the Treasury of the U.S.: and my own belief is here today thatif this bill passes the Government of the U.S. will never advance $5,000,000 to this company that they do not repay instantly. Up to 1871, it is estimated that the Government will advance about a million and a half dollars. By that time the lands will be selling, and the amount of the Government advance will be constantly reduced by this means; but if the lands should not be sufficient at the end of ten years, when the Government has advanced only about 19 millions, as I remarked before, then comes in 25%. of the net earnings of the road; and after that day, I repeat, in my judgment, the Government will never advance a single dollar.
Mr. HOWE. Allow me to ask the Senator a question. I have not examined this bill very carefully; but I perceive the Senator says that 25%. of tenet earnings, after the road is built, is to be paid into the Treas. ury of the U.S. I suppose that is in liquidation of the interest.
Mr. HOWE What is to become of the other 75 or"
Mr. HOWE. Is it supposed, then, that the company will expend 3 times as much in the construction of this road as the Government is asked to guaranty?
Mr. CRAGIN. It is estimated that the road will cost at least $150,000,000, and they estimate this guarantee from the Government at about 95 millions, as I understand; and in order to make the Government perfectly secure and safe, in addition to mortga ng prac tically 1/2 of the lands, the bil provides that if the lands do not reimburse the Government for this payment of interest 25%. of the net earnings of the road shall be paid until the liquidation is complete.
Mr. HOWE. Now let me seeifI understand the Senator. Do I understand his statement to be that the road will cost $160,000,000 '1
Mr. HOWE. of that $150,000,000the government is asked to guaranty the interest on $95,000,000, which would leave the expenditure to be made by the company $55,000,000. Then is it the operation oft e bill to give them 7 ty 5%. of the net earnin s to 8. ply on $55,000,000 of expenditure, whilethe government has 25%. to apply on $95000,000?
Mr. CRAGIN. The bill makes no provision in reference to that. That is merely an inference. All this time the lands are bein sold.
Mr. RAMSEY. The anticipation is at the 25 or cent. will never be called for, that teland in the mean time will pay all the Government uaranties.
Mr. SAULSBURY. Mr. President, the senators from the extreme Northwest seem to take a great interest in this measure. Now, I should like to inquire of some one where Congress gets the authority to guaranty the stock of a private corporation, to guaranty that the stockholders shal be aid 6%. upon their stock. I should ike some of the advocates of this bill to point out the section and the article of the Constitution of the U.S. giving to coness the power to uarnnty the payment of interest upon the stoc of a private corporation. I apprehend that such a thing as that has not been done in the past history of the country. It never occurred before to members of the senate and HoRep that such a power was vested in the Congress of the U.S.; and in the advocacy of this measure, which may involve such a vast expenditure of money on the part of the General government, no one of its advocates has presumed to refer to the Constitution of the U.S. as conferring this power upon Congress. They seem to assume that Congress has the power. Sir, it is only another evidence that in our legislation, that limitation upon the powers of congress and the other depts of Government is totally unheede, absolutely unthought of. If you have the power to guaranty the payment 6%. upon the stock of this railroad, on have the authority likewise to guaranty the payment of 6%. up n the stock of every private railroad in the U.S. If you can guaranty lawfully the payment of this interest upon the stock of this railroad, your power is the same in reference to every other railroad in the U.S.
Mr. WILLIAMS. I wish to remind the senator that this bill relates to a company incor porated by a law of Congress. I ask, if congress has power to incorporate a company, may it not prescribe thoregulations under which that coimlpany may transact its business?
Mr. SHERMAN. It was actually inserted in the bill itself in these words: “No moneyshall be drawn from the Treasury of the U.S. t9 aid in the construction of said Northern Pacific railroad."
Mr. FESSENDEN. I know that was the great boast; it was the great argument at the time. I did not pay any sort of regard to it, because I had heard the same promise before in other cases and had seen it violated; and I had seen the Senate agree to the violation so many times in small matters that I supposed the same rule would apply to great ones. I tried it here once on the question of the Agricultural Bnrcau. My friendfrom Ohio, with whom I agree on this question, thought we ought to establish enAgricultural Bureau. He told us it would not take adollar, it would only be making that branch auindependent bureau; the farmers wanted it; only thJe usual $60,000 appropriation would be nee ed; no more money would be required. Next year the appropriation was $150,000, and I do not know how much it.is this year.
Mr. SHERMAN. About the same. That is modest.
Mr. WILSON. I move that the Senate now proceed to the consideration of the Freedmen’s Bureau bill returned with the objections of the President.
Mr. HOWARD. I will consent to that very cheerfully, provided the bill which I now have in charge is not displaced in consequence. I am willing to lay it aside informally for the purpose of taking 11 the measure alluded to byt e Senfrom Massachusetts, but I should not like to have the bill lose its place.
Mr. JOHNson. Is it the object of the honorable member from Massachusetts to have the subject of the veto message disposed of today? 4
Mr. WILSON; Yes, sir. The House have acted on it.
Mr. JOHNson. The House may do agreat many things that we will not do. I have not seen the messa e, do not know, what it is.
Mr. SUMNE and Mr. TRUMBULL. It will be read.
Mr. JOHNson. It will be read, of course; but I do not see any particular occasion for pressing this more than another veto message which has been upon our table for the last 2 months.
Mr. WILSON. Well, let us take the vote. '1
Mr. JOHNson. I ask whether this is a privileged question, or whether a Senator has a right to object to the consideration of it now. I only want to have it put off nut “40mm, to look at it.
The PRESIDENT protampon. It has no priority over other questions unless by the vote of the Senate.
Mr. JOHNson. I object, then, and move that it be postponed until to ine rrow.
Mr. TRUMBULL. I presume thatthe Senfrom Maryland has no objection to having the messa e read.
Mr. TRUMBULL. We can take it up and have it read and afterward, if we think proper not to consider it now, that is another question. The other day, I recollect, when a mes sage came in, it was insisted that it should be read that day, and I think we staid here to a very late hour one day to have it read.
Mr. JOHNson. But, as well as I recollect, my friendfrom Illinois thought it ought not to be read and need not be read.
Mr. TRUMBULL. No; I never insisted that it ought not to be read. We have always read such messages.
Mr. JOHNson. I do not think you insisted upon its being read; at any rate you acquiesced in what the Senate did. I have not the slight est objection to its being read now, unless the reading of it so brings it before the Senate. that it must be considered today.
Mr. TRUMBULL. It is necessarily before the Senate, of course.
Mr. JOHNson. What I desire is that the message be printed, and that we di ose of it tomorrow. It will make vervlittle lfference, so far as the measure itself is concerned, whether it is disposed of now or disposed of tomorrow; but I think it is due to those who have not seen the message and I suppose none of the Senators have seen it that they should have an opportunity of considering it.
The PRESIDEnTprotempore. Therebeing a bill before the Senate, no other subject can be taken up, excegit by unanimous consent.
Mr. WILSON. move to postpone the present bill and all other business in order to take up the message from the HoRep communicating the veto.
Skip Skip The motion was agreed to. The action of the HoRep was read.
The PRESIDENT protempore. The mes sage of the POTUS, returning House bill No. 613 will be read, with his objections.
The Secretary road the message, as follows:
The PRESIDENT protempore. The bill is now before the Senate, and by the revisions of the Constitution is reconsidered. he question is, Shall the bill pass, the objections of the President notwithstanding?
Mr. JOHNson. I move that the matter be postponed until tomorrow and made the special order at one o’clock, and that in the mean time the message be printed.
Skip Skip The question being put, the negative appeared to revail. Mr. JOHNson called for the yeas&nays, and they were ordered, and being taken, resulted yeas 13, nays 31; 5.
The PRESIDENT protempore. 'Ihe question is, Shall the bill pass, the objections of the President notwithstanding? Thisquestibn, under the Constitution, will be taken by yeas&nays. The question being taken, resulted yeas 33, nays 12;
The PRESIDENT protempera. 2/3rds of this body have passed the bill, and it having been certified to this House that 2/3rds of the HoRep have voted for this bill. the objections of the President notwithstanding, and 2/3rds of this body litiving also voted for the bill, after reconsideration, the objections of the President notwithstanding. I now pronounce that this bill has become a law. ENHOLLI did BILL SIGNED.
Skip Skip A. message from the HoRep announced that The SPEAKER of the House had signed the enrolled bill (S.No.222) further to prevent smuggling, and for other purposes; and it was signed by the President protempore. INDIAN APPROPRIATION BILL. The message also announced that the House agreed to some, disagreed to others, and agreed with amendments to other amendments of the Senate to the bill (H.R.No. 387) making appropriations for the current and contingent expenses of the Indian dept, and for fulfilling treaty stipulations with the various Indian tribes for the year ending the 30th of June, 1867; asked a conference on the disa greeing votes of the 2 Houses, and appointed Mr. J. A. Kassoiv of Iowa, Mr. W. E. Rumor: of Indiana, and Mr. SIDNEY CLARKE of Kansas, managers on the part of the House.
Mr. SHERMAN. I move to take up the Indian appropriation bill with a view to the appointment of a committee of conference. The motion was agreed to; and the Senate proceeded to consider its amendments to the bill (H.R.No. 38?) making appropriations for the current and contingent expenses of the Indian dept, and for fullilling treaty stipulations with the various Indian tribes for the year ending the 80th of June, 1867, disa greed to by the HoRep.
Mr. SHERMAN. I more that the Senate insist upon its amendments disagreed to by the House and agree to the conference asked by the House. The motion was agreed to.
Mr. SHERMAN. I move that the committee of conference on the part of the Senate be appointed by the Chair. The motion was agreed to. uocss BILLS REFERRED. The following bill and JtResolution of the HoRep were severally read twice by their titles and referred as indicated below: A bill (H.R.No. 787) exempting pensions from the internalrevenue tax to the ComFinance. AJtResolution (H.R.No. 188) for the appointment of a commission upon transportation between the western States and the Atlantic sea board to the ComMilAffrs . NORTHERN PACIFIC RAILROAD.
Mr. HOWARD. I move now to take 11 the Northern Pacific railroad bill and as yielded for the purpose of ncting on the President's veto, I hope the Senate will consent to take it up. I do not propose to go on with it this evening any further.
Mr. CONNESS. Not unless it is taken up now. The motion was agreed to: and the Senate resumed the consideration of the bill (S.No.387) to secure the speedy construction of the Northern Pacific railroad and telegraph line, and to secure to the Government the use of the same for postal. military, and other purposes.
###HOUSE OF REPRESENTATIVES. MONDAY, July 16, 1866. The House met at 12 o’clock m. by the glhaplain, Rev. C. 13.Downs. The ournal of Saturday last. was read and aproved.
The SPEAKER. The 1st business in order is the call of States and Territories for bills and JtResolutions on leave, to be referred to their apro riate committees, and not to be brought hac into the House by motions to reconsider. Prayer JOHN GORDON.
Mr. MILLER.introduced a bill to increase the pay of John Gordon, principal Inefin er to the PostMGenl; which was ran a 1st and 2nd time and referred to the comPostOffice. PRIEEMI’TION AND HOMESTEAD LAWS.
Mr. FERRY introduced a bill amendatory of the preemption and homestead laws; which was read a 1st and 2nd time, referred to the ComPubLands, and ordered to be printed. MINNESOTA RAILROAD GRANT.
Mr. DONNELLY introduced a bill making a grant of land to the State of Minnesota to ai in the construction of a branch railroad from the waters of Lake Superior to the British possessions; which was read a 1st and 2nd time, referred to the ComPubLands, and ordered to be printed. CEDING PUBLIC LANDS to STATES.
Mr. HENDERSON introduced a bill ceding the public lands to the several States in which they lie; which was read a 1st and 2nd time, referred to the ComPubLands, and ordered to be printed. ORDER OF BUSINESS. The call of States and Territories for bills and JtResolutions having been concluded, the next business in order during the morning hour was the conclusion of the call of States and Territories for resolutions, commenciu with the Territory of Colorado, where the cal rested on Monday last. lI‘f'o resolutions were introduced under that on. The next business in order was the consideration of resolutions which have laid over under the rule. TRANSPORTATION FROM THE WEST. The 1st resolution was the followmg, submitted by Mr. Ravuoxn on the 2d of April: coRneccuorlrqinegdb.)athe HoRep and the Senate That a cpmmission of fiyo persons be appointedby the POTUS to consider and report to Congressat its next session upon the necessityof some more speedy cheap, and reliablemeansof transportationbetween the western States and the Atlantic sea board; and to submit someplan, whether by law or treaty. wherebythe national Government can aid in providinir for said necessityifitshull befound to emst: Provided, That said commissionershall receiveno compensation for their services, and no payment of any kind except for such traveling excases as they may actual y incur in discharging the duties imposedupon them by this resolution.
Mr. RAYMOND. I presume there will be no 0 position to the passage of this resolution. Its o ject is simply to consider the question of promoting spec y and cheap communication between the western and eastern sections of the country. It involves no expense, nothing but an investigation and exression of opinion.
The SPEAKER. The hair would suggest to the Gentfrom NewYork [Mr. RAYMOND] that as this resolution provides for an appointment to he made by the President, it should be a JtResolution and not a concurrent resolution.
Mr. RAYMOND. I accept the suggestion of the Chair, and will modify it so as to make it a JtResolution.
Skip Skip The JtResolution was then reao 0 1st and 2nd time, orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time and passed. Mr. RAYMOND mtRtv the JtResolution was passed; on the table. agreed to. DAILY HOUK OI'vMEETING. 0 The next resolution was the following, offered by Mr. Pines on the 9th instant: nmzmi. That on and after Tdesday.th010thiu ltaut and until otherwise ordered. the House WHI commenceits sessionsat eloveno'clock a in Mr. PRICE. I move to amend the resolution by.strikin out the word “10th ” and inserting in lieu thereof the word “ 17 th.” I presume the House is well satisfied by this time that there is very urgent necessity for the passage of this resolution, and I therefore call the previous question.
Skip Skip The previous question was 2nded and the main question ordered. The amendment was agreed to. The question was taken upon the resolution as amended; andnpon a division there wereayes 51, noes 3'): no quorum votiu. The SPEAKER, under the ru e, ordered tellers; and appointed Messrs. PRICE and J. L. Tnouiis. The House divided; and the tellers reported ayes 48, noes 61. So the resolution was not agreed to. RIGHT or WAY MILITARY RESERVATIONS.
The SPEAKER. The next business in order is a JtResolution (H.R.No. 183) coneerninv the right of way of railroad companies throug military reservations, and forother purposes. This resolution was introduced on the 9th of July by the Gentfrom Missouri, [Mr. AFDEKQON] under the call of States, and, giving rise to debate, it went over under the rules. The question is on orderin the resolution to be engrossed and read the t ird time. The JtResolution, which was read, provides that, subject to the approval of the POTUS, to be filed with the SecyInterior, the right of way not exceeding 100 feet in width on each side of the track, with the necessary grounds for depots and stations, shall be granted to all railroad companies for the construction and operation of their roads over and upon all military reserves. The President is authorized to restore from time to time to the public do main any portion of such reserve over or near which the U uon Pacific railroad or any of its branches may pass, and which shall not be required for military purposes; the same, when no restored, to be so iject to existing laws concerning public lands in the same manner as if the reserve had never been made. It is provided further that the President shall not permit the construction of any railroad upon any such reserve, or diminish such reserve in any manner so as to impair its usefulness for military purposes so long as it shall be required therefor.
Mr. RANDALL, of Pennsylvania. Has this JtResolution been before any committee?
The SPEAKER. The Chuiriinderstood the Gentfrom Missouri to state last Monday that the resolution had been considered by the ComPubLands.
Mr. ANDERSON. Mr. Speaker, this resolution was considered by the ComPubLands, who are unanimous in recommending its passage. The resolution grew out of a petition to Congress to rant the right of way to the eastern division, Cnion Pacific railroad. through the Fort Riley reservation. general Grant, GenlSherman , and other Military officers who have examined the matter, are not in favor of grnnting the right of way to this railroad through that particular reservation, buPare willing that there should be granted 4 or 5,000 acres of the lands reserved forinilitary purposes, but the committee thought it would be sufficient to grant 100 feet on each side of the road. When this resolution was introduced the other day, several gentlemen rose to debate it, and there seemed to be Objection to it. But I do not see why there should be objection to the measure. The whole. l matter is subject to the approval of the President. There are some 22,000I acres of land in the Fort llilcy reservation. Under this JtResolution not more than 1,000 acres will be taken for railroad purposes, leaving still 21,000 acres for the reservation. The War Dept states that the fort will be abandoned in the course of a year, and that 19,000 acres will be amply sufficient for all military purposes. The resolution does not grant the right of way except subject to the approval of the President and not even in that event if the land is necessary for military purposes. I hope gentlemen will not persist in their objections to the measure. I call the previous question. sir WIASHBUHNE, ofllliiiois. Mr. Speaker, when
The SPEAKER. Does the Gentfrom Missouri [Mr. Annunsox] yield to the Gentfrom Illinois?
Mr. WASHBUItNE, of Illinois. When the Gentfrom Missouri, on last Monday, asked the House to pass this bill, I had to inierpose a very resolute objection, and I think that the House will 2nd me today in that objection, when the attention of members is called to the 1st section. I desire particularly the attention of the chairman of the ComMilAffrs to this point, for the bill, would appropriate ii" come from that Committee, if from any. he 1st section providesThnt. subjectto the approval of the POTUS.to be madeand filed with the SecyInterior, the ritrhtofwuy. not PXCut thllf: 100 feet in width on eachsideoflho track, with the necessarygroundsfor depots and stations, is herebycrunted to all railroad companies for the construction and (iperntiouof their roads over and upon all military reserves. This proposes that every railroad in the U.S shall have the right to go ever the military reservations of the country
Mr. ANDERSON. Subject to the approval of the President.
Mr. WASlIBUPtNE, of Illinois. As every bill is subject to the up iroval of the President; and I hope that he will veto a great many bills of this kind. Now. sir, can we afford to pass such a bill? I think the House will not consent to pass any such measure; and I hope the Gentfrom Missouri will withdraw his call for the previous question, and consent to the reference of the bill to the ComMilAffrs.
Mr. ANDERSON. I yield ten minutes to the Gentfrom Ohio, [Mr. Summon]
Mr. ALLISON. It seemsto me that this res olution goes further than it would seem from the explanation given by the member who reports this resolution. It is provided in the 2nd clause that the President shall restore from time to‘tiiue to the public domain any portion of said reserves over or near the Union Pacific railroad, or any of its branches, which shall not be required for military purposes, the same, when so restored, to be subject to the exisiing laws concerning the public lands in the same inanner they would have been if said reserves had never been made. This resolution will not only grant the right of way, but, if those lands are resiored to the public domain, it will grant to these companies a large portion of the public lands in nil (lition. These military reservations coriiprise many 1000s of acres of the most valuable lands. The resolution should not pass.
Mr. ANDERSON. There has been more opposition than I expected, and I do not object to the reference of the resolution.
Skip Skip The resolution was then referred to the comMilAffrs. Mr. SCHENCI mtRtv the JtResolution was referred to the ComMilAffrs, on the table. agreed to. ORDER OF BUSINESS.
The SPEAKER. The next business in order is the call of the States and Territories for resolutions and bills on leave. in inverse order, commencing with the Territory of Montana.
Mr. HIGBY introduced a bill to lo lize the occupation of the public mineral lands and to extend the right of preemption thereto; which was read a 1st and 2nd time and referred to the ComMining.
Mr. HIGBY mtRtv the bill was referred; upon the table. agreed to.
Mr. HIGBY. I ask unanimous consent that the bill be printed. No objection was made, and the bill was ordered to be printed. PAY or A MEMBER.
Mr. WILSON, ofIowa. I offer the following resolution: Run/veil. That therebe paid out of the contingent and of the House to Hon. JOHN L. Tnmus. in, LEI 34, the same being thonuiouut of salary accruiiizr between the 4th day of March, 1865, and let do! of August, For the information of the House I will say that the Gentfrom Maryland was not elected until the August. preceding the commencement of this Congress, and he cannot draw his salary, there having been another member elected from his district to the 39th Congress who never qualified. I ask the evious question.
Mr. PHEL S. Will the gentleman yield to m' e for a moment?
Mr. PHELPS. To make an explanation in connection with this subject.
Mr. WILSON, of Iowa. Oh, yes, sir; I withdraw the demand for the previous question.
Mr. PHELPS. I wish to state that the case COvered by the resolution offered by the Gentfrom Iowa is precisely the case which has been already acted upon by this House in relation to the claim at Mr. aniel W. Gooch, a member elected to this House from the 7th district of the State of Massachusetts, who resigned his seat for the same purpose that the predecessor of my colleague [Mr. J. L. Tnonas] resigned his, and he did it about the same time. He resigned his seat for the purpose of accepting the office of naval officer oft e portof Boston, and the predecessor of my colleague, Colonel Webster, resigned to accept the collectorship of Baltimore. That has established a precedent in this case. in which the amount of pay from the time the Congress commenced on the 4th of March has been awarded by this House in the case of Mr. Gooch, and should be awarded for the same reasons to Colonel Webster in the case now pending. That is the explanation I wish to make. I trust the House will not pnt itself in the position of having awarded this pay to a member from Massachusetts and under the same circumstances refuse to a member from Maryland the same emolument.
Mr. WILSON, of Iowa. I do not wish to encumber this resolution with anything in relation to the pay of Mr. Webster. I understand that there are 2 other members in the same position.
Mr. PHELPS. It is precisely the same res olution that was passed) in the case of Mr. Gooch, but applying to Colonel Webster, the name only being changed.
Mr. WILSON, of Iowa. If it only relates to that of course Icannot ield to have it offered as a substitute. I call the previous ueslion.
Skip Skip The previous question was 2nd e and the main question ordered.
Mr. PHELPS. I desire to ask the Gentfrom Iowa a single question.
The SPEAKER. The case is acting under the previous question.
Mr. WILSON, of Iowa. I have no objection to the gentleman asking me a question, if the House will permit it., No objection was made.
Mr. PHELPS. I wish to ask the gentleman if, in his opinion, the passage of this resolution would reverse the action of the House in the case to which I have called attention, and preclude Colonel Webster from receiving the same emolument that has been already voted to Mr. Gooch of Massachusetts.
Mr. WILSON, of Iowa. I do not suppose that the passage of this resolution wonl pre‘ vent the House from disposing of so much of its contingent fund as would pay Mr. Webster from the 4th of March up to the 4th of Au st. That is a question for the House to consider.
Skip Skip The resolution was agreed to. Mr. WILSON of Iowa, mtRtv the resolution was adopted; upon the table. agreed to.
Mr. PHELPS. I desire now to olfer my resolution. I wish to offer a substitute I will hear what i
The SPEAKER. The State of Iowais now being called, and the gentleman does not represent that State. COIN'AGE, WEIGHTS, AND MEASURES.
Mr. KASSON submitted the following res olution; which was read, considered, and agreed to: Resolved.That the SecyStatebe directed. If: compatible with the public interests.to communicate to this Houseunyinformation he hasreceived from the U.S. commissioner general to the Paris Exposition ll] relation to international move mentsfor a reform of the system of cornage.weights and measures. PAY of HON. E. H. WEBSTER.
Mr. HUBBARD, of Iowa, submitted the following resolution, upon which he called the previous question: Resolved.That the Scrgcant nt Arrnshe and he is hereby.dirccted to paylIon. E. H. Webster.who was electedamcmber of the HoRep for the 39th Congress.from the 2nd district of mnr land. the amountof his salary from the 4thof March1.1843t5o, lflt‘lfliifii‘ the dateof his resig nation as a member of this ouso. Thoiprevious question was 2nded and the main question ordered; and under the operation there of the resolution was agreed to.
Mr. HUBBARD, of Iowa, mtRtv the resolution was agreed to; and also moved to lay the motion to reconsrder upon the table. agreed to. PAY OF CLERKS OF COMMITTEES.
Mr. WASHBURNE, of Illinois, submitted the following resolution, upon which he called the previous question: Resolved.That the several clerks of the commit tecsot the Ilouse whose pay has heretofore been 4 dollars perday shall be paid at the rate of 5 dol lnrs perday during this Congressfor the time actually employed.
Mr. WARD. I rise to a question of order. There hasbeen adopted by this House a resolution directing that all propositions for increase of salary or compensation of the employees of this House shall e referred to the Committee of Accounts without debate.
The SPEAKER. The House has ordered the main question to be now put, no member making that point in time.
Mr. WASHBURNE, of Illinois. With the permission of the Gentfrom NewYork
Mr. WARD] I will say that the salaries of most of these clerks have been increased at this rate. And this is but simple justice to the others, if we are going to deal alike with all, “without regard to race or color, ” and all that sort of thing. The question was taken upon agreeing to the resrilution; and upon a division there were ses 43, noes 29 no quorum voting. ellers were ordered; and Mr. WARD, and Mr. Wasnaunns of Illinois, were appointed. The House again divided; and the tellers re owed ayes 63, noes 35. before the result of the vote was announced, Mr. WARD called for the yeas&nays. The yeas&nays were not ordered. The resolution was accordingly agreed to.
Mr. WASHBURNE. of Illinois, mtRtv the resolution was agreed to; on the table. agreed to. EXEMPTING PENSIONS FROM TAXATION.
Mr. INGERSOLL introduced a bill exempting pensions from the internal tax; which was read a 1st and 2nd time. The bill was read at length. It provides that from and after the passage of this not any person receiving a pension from the U.S. is hereby authorized to deduct, in addition to the $600 new exempted, the amount of such pensions in making the return of his or her income required under the internalrevenue law. The question was upon ordering the bill to be engrossed and read a 3rd time.
Mr. INGERSOLL. I call the previous question.
Skip Skip The previous question was 2nded and the main question ordered. The bill was orderengross and read a 3rd time; and being engrossed, it was accordin 1y read the 3rd time.
Mr. I 'GERSOLL. I call the previous question upon the passage of the bill.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the bill was passed. Mr. INGERSOLL mtRtv the bill was passed; on the table. agreed to. PAY OF HON. R. S. HALE.
Mr. KUYKENDALL submitted the following resolution, upon which he called the previous question:. Remlvwl, That the Sergeant at Arms be and is hereby.directedto pay to Ion. RS. HALE. from the 16th conessional district of NewYork. the itgrgmntof anmy due from March 4 to August 24.
Mr. KUYKENDALL mtRtv the resolution was agreed to; and also moved to lay motion to reconsider on the table. agreed to.
Mr. WASHBURNE, of Illinois. I rise to a question of privilege, to the correction of the records of the House. It will be recollected that the Gentfrom Vermont [Mr. Woon names] introduced a resolution providing for the increase of pay of the clerks and employees of the House. I moved an amendment providing that the salaries of all officers of the House which had been increased at the present session should not extend beyond the 1st day of next Congress. That was the nature of my amendment, as
The SPEAKER will very well recollect, because he made the suggestion. But the resolution has been engrossed so as to read “shall not extend beyon the 1st session of the next Congress.” I ask that the correction be made in accordance with the facts.
The SPEAKER. The Chair cannot state whether the Gentfrom Illinois said “ 1st day of the next Congrefis" or “tirstsession of the next Congress.” he gentleman did not reduce his amendmentto writing; and the Clerk took it down as he supposed was intended.
Mr. WASHBURNE), of Illinois. Isaid “the 1st day of the next Congress.” I offer the following resolution, to conform to what I believe the House understood: Remlved.That the salariesof the employeeof the House increasedat this session of Congress shall not extend beyond the 1st.day of the next Congress.
The SPEAKER. The gentleman having already offered one resolution, unanimous consent is necessary to allow him to offer another.
Mr. COOK. I submit the following resolution: Resolved. That the salaries of all officersof the House increased at the present congress shall not extendbeyond the 1st day of the next Congrats.
Mr. ROLLINS. I suggest to the gentleman to modify his resolution by inserting after the word “officers” the words “ and employees."
Mr. COOK. I modify the resolution in that way.
Mr. RANDALL, of Pennsylvania. We have heretofore agreed to grant these employes a certain amount, and no doubt they have rawn' it. Why should we now take it
Mr. COOK. This back“. simplylimits the increase to the present Congress. I call for the previous question.
Skip Skip The previous question was 2nded and the main question ordered. On agreeing to the resolution, there wereayes 57, noes not counted. 80 the resolution was adopted. Mr. COOK moved to reconsider the vofe by which the resolution was adopted:. on the table. agreed to. POLITICAL RIGHTS OF REBELS.
Mr. FARNSWORTH submitted the following resolution; which was read, considered, and agreed to: Renolwvl. That the SecyWar be and is hereby, directedto furnish this Ilouso with copiesof opinions given by membersof rho socalled cabinet at the confederateStates of America to JeffersonDavis. at or about the time of the negotiations receding the surrender of Johnston to General S er man. Concerning the effect of such surrender upon lhcpolitical rights of the people then in rebellion pgainstthe U.S.; andalsoanyother papers in the War Deptrelating to the same subJcct.
Mr. FARNSWORTH mtRtv the resolution was adopted; on the table. agreed to. PUBLICATION OF MAIL CONTRACTS, ETE.
Mr. BAKER. By request of the chairman of the comPostOffice, I submit the following resolution: Rmlved, tha t the ComPrinting be instructedto inquire into the expediencyof repealin nreogmuulactheof the actpf June 25.1864t.o expedite an the printing of public documents and for other purposes.asdirects that the annual reports of the PostmasterGoneralpf ofiers received and contracts made for conveying the mails be no longer printed or of repenlingso muchof the act to change the organization of the Post 0tficeDept, approved July 2. 1836.as requires such reports to o annually madeto Congress. The resolution was considered and agreed to. PAYMENT from SLAVES ENLISTED.
Mr. HARDING, of Kentucky, submitted the following resolution, on which he demanded the previous question:. Remind. That the debts and obligations of the Government should be held sacred. Especially such as have beensolemnlyrccoiznizedby law asjust and their paymentprovidedfor by appropriating andset tinc apart a fundfor that Lin pose' and the repudiation of any such debts.w cI her they be for partial cpolomycpdeninsationto loyal men for slavestaken and cm military service by the Government or for other property, 5 ould be discountenuncedand condcmncil by all loyal men and by every dept of the Government. 0n 2nding the demand for the previous question, there were ayes 23, noes 70.
Mr. HARDING, of Kentucky, called for tellers. Tellers were not ordered. So
Mr. KERR. I move that the resolution be laid on the table. Mr. HARDING, of Kentucky. On that motion I demand the yeas&nays. The yeas&nays were ordered.
Skip Skip The question was taken; and it was decided in the affirmative yeas 88, nays 32, not voting 62; So the resolution was laid on the table. During the vote, Mr. TROWBRIDGE stated that Mr. COF rnorn and Mr. Fanounsn. were detained from the House by illness. The vote was then announced as above recorded.
The SPEAKER then announced that the morning hour had expired. DORENCE ATWATER. The SPEAKER laid before the House a communication from the SecyWar transmitting, in compliance with a resolution of the House, the papers in the ease of Dorence Atwater, late a private in the general service U.S. Army; which, on motion of Mr. HALE, was ordered to be printed and referred PUBLIC LANDS IN CALIFORNIA.
The SPEAKER also laid before the case terior, in compliance with a resolution of the House, transmitting a report of the ComrGLO in relation to the public lands within certain limits in the State of California which, on motion of Mr. HIGBY, was ordered to be printed and referred to the ComPubLands. BREVETS IN THE REGULAR. ARMY.
The SPEAKER also laid before the House a communication from the SecyWar transmitting, in compliance with a resolution of the House, a report of all brevet ranks conferred upon officers of the regular Army since April 12, 1861, to the date of the report' which was ordered to be printed and referred to the ComMilAffrs.
MEncnAis'rs’ NATIONAL BANK or WASHINGTON.
Mr. HOOPER, of Massachu“. I am instructed, Mr. Speaker, by the Co‘nittec on Banking&Currency to make a he in the case of the Mcrchants’ National of Washington. I) in. RANDALL, of Pennsylvania. for the reading of the re art. k.e3 e;ll
Mr. HOOPER, of It assachusetts. I 1‘ going to move that the report and the docu ments referred to therein e ordered to be printed.
Mr. RANDALL, of Pennsylvania. I will yield if the motion embraces the printing of the entire testimony.
Mr. HOOPER, of Massachusetts. I cannot agree to that. The testimony is submitted with the report, and is volumine us; and it up ears to me if the report and documents referred to therein be printed it will be quite sufficient. There are some 600 pages of the testimony. I think a great deal 0 it will be found to be of little interest. The report and the documents referred to are all that can be needed to give the public a complete knowledge of the whole subject.
Mr. RANDALL, of Pennsylvania. Then I shall exercise my privilege and call for the readin of the report.
Mr. ALE. have the floor, and yielded to the Gentfrom Massachusetts, but if the recing of the report be demanded I hope it will be withdrawn.
Mr. RANDALL, of Pennsylvania. I shall insist on having the report read; and I move that all of the evidence taken be printed with the report.
Mr. ASHLEY, of Ohio. I move to suspend the rules, so as to dispense with the reading of the report.
Mr. HOOPER, of Massachusetts. I with draw the report for the present.
Mr. PRICE. I ask unanimous consent to report back from the ComPacificRR Senate bill NO. 20, granting lands to aid in the construction of a railroad and tele 1; graph line from the States of Missouri and Arkansas to the Pacific coast.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. Former, their Secretary, informed the house that the Senate had a reed to the re art of the committee of conference on the isagreein votes of the 2 Houses on the hill of the Senate (S.No.3) to quiet land titles in California. The essage urther informed the House that the Senate had passed a JtResolution and a bill of the following titles, in which he was directed to ask the concurrence of the House:JtResolution (S.R.No. 182) authorizing the SecyTreasury to audit and settle the accounts of Caleb T. Fay and William Y. Patch, late assessor and collector of internalrevenue at SanFrancisco j and A bill [5. No. 403) making appropriation for the cit ction of a military hospital at Yoko hama, in Japan, and for other purposes. INDIAN AFFAIRS.fIOi' {KILL.AGAIN. The SHI'JA lifllt. The Gentfrom Iowa liMr. h'xssox] states that the amendments of the Senate to this hill increase the appropriations made by the House nearly $2,000,000; and that the ComAppropriat recommend that all the amendments of the senate he non-concurred it].
Mr. KASHUN. No. sir; not all the amendments of the Senate only the essential ones. We recommend a concurrence in some iunna terial amendments.)
Mr. IllfiNllEft ‘iUN. I undcrstand that this hill contains an appropriation of $40,000 for the payment. of Indiannidz htednes. n Oregon and in Washington Territory. I wislt to say that the amendment. of the Senate in regard to that matter is of great importance to the whites, its well as to the Indians upon that ceast. li t‘iendsaround me suggest that I had hotter let the hill no to a committee of center once and I submit to their better judgment; butl still wish to urge upon the House the great importance of a fitting appropriation for the payment of Indian claims upon that coast. We are in a condition of perpetual warfare with the Indian tribes there and have been for years; and we shall probably continucto he so unless these claims arising out of treaties already made, shall be settled.
Skip Skip And upon that motion I call for the previous question. 'Ihe previous question was 2nded and the main (picstion ordered; and under the operation t tereof the motion of Mr. Imssox was agreed to. Mr. KASSON mtRtv taken; on the table. The letter motion was agreed to. TAX 0N CIGARS, ETE.
Mr. STEVENS. I ask unanimous consent to introduce a JtResolution to correct an error in the internalrevenue bill lately passed by Congress, which has caused some trouble to the Dept. No ohject' as made, and the JtResolution wasduced and read a 1st and 2nd til“ That resolution was read at length. It prov that such parts of the net etititled.“An a'et to rece internal taxation and to amend an lict entitled ‘An act to provide internal rygenhe to support the Government, to pay tt "interest on the (public debt, and for other purposes, approve June 30, 1804, and acts amendatory thereof." as referred to the tax or duty on cigars, shall he so construed that the admlorem dot of 20% shall be levied only on the excess of value above 12 d ollars per 1,000.
Mr. STEVENS. A word or 2 of expla nation is all I have to say. When the question of the tax on cigars left this House, cigars valued at 12 dollars per 1,000 and under were subject to a tax of 4 dollars per 1,000: above that value, fort%. was added to the excess of value a ove 12 dollars. We supposed that the committee of conference had left itprecisely in that position, except reducing the advulorem from 40 to 20%. I suppose that was really the intention of Congress when the bill was passed. But the Dept say that they cannot so construe it; that, as it now reads, it must be so construed as to mean not only 4 dollars per 1,000 for cigars valued at 12 dollars per 1,000 and under, but that the 20%. advalorcm must be added to the cigars up to 12 dollars per 1,000, making 2 dollars and 40 cents more or 6 dollars atid 40 cents on the cigars which it was intended should be 4 dollars. It was not so in the Original bill; it was not so in the amendment which was lost, and not so, I suppose, iti the report of the committee of conference. It is to correct tha terror that I have introduced thisJtResolution.
Mr. ALLISON. I desire to say one word. It was the intention of the committee of conference, as I understood, to charge upon cigars valued at 12 dollars per 1,000 and up wards a tax of 4 dollars per 1,000, and l tem.ttwill havethemerit at least of menter economy. | 20%. upon the full value of those cigars; but. upon cigars valued at less than 12 dollars per 1,004 dollars only. If I understand) the proposition of the Gentfrom Penusylvania, [Mr. S'rsvuxs, ] it is to charge upon cigars valued over 12 dollars per 1,000 a tax of 4 dollars per 1,000, and 20%. advalorem upon the excess over 12 dollars. Now, it seems to me that such a reposition deserves a little further consideration. If, as the gentleman states, the law is construed to mean that cigars valued, at 12 dollars per 1,000 and under, shall also pay the 20 ier cent. ad ralorcm, in addition to the 4 dollars per 1,000, then I will say that, as I understood, that was not the intention of the committee.
Mr. STEVENS. I suppose the committee of conference wanted to make it the same as the original bill, except reducing the advalo rcm from 40 to 20%. However, it“ the gentleman wants time to examine this JtResolution. I shall not object.
Mr. ALLISON. I do not know that I shall object to it; but I do not now understand thor oughly the cliect. ofit.
Mr. STEVENS. In order to give time for examining the JtResolution have introduced, Iwill move that its further consideration be postponed until tomoIrrov'l immediately alter the reading of the Jourtyil. The motion was agreed to. ASSAULT UPON A MEMBER.
Mr. DEMING. of business. The House accordingly resumed the consideration of the resolutions reported by Mr. SPAIJHNG, from the selecteomnnttee on breach of privilege, in the matter of Hon. LOVELL H. Rousseau, of Kentucky, and Hon, Josun B. GRINXEIL, of Iowa.
Mr. Rousseau to the portion.on account of his excitedappearanceand mannerwhen passing through the Rotunda. It does not an earthat anyone of these parties was informed of pliis intended action except the 1st. Thesefriends of Mr. Ross sum were all armedwith loadedrevolver or pistol." The chairman, in the discussion of the case on Saturday, conceded that the report ought to be modified so as to say 3 persons were present who were friends of Mr. Rousseaunot that they were present as friends, which would seem to imply they were present on his invitation, and in the capacity of friends at a fray. I asked the chairman while reading the evidence in regard to their presence, whether it did not appear before the committee that General Rousseau had no knowledge they were armed, and he answered that it only appeared by the declaration of General Rous sniu himself to that effect. I then asked the gentleman to read live lines on top of page 21, which I hoped he would do, and call attention to the fact that there was other evidence in the same direction. There
Mr. Penn baker, when upon the stand being questioned y
The Clerk read as follows: " JUN}:11.1866. “
Skip Skip MESSAGE FROM THE PRESIDENT. A message from the POTUS, by Mr. Coornn, his Private Secretary, returned to the HoRep, in which it originated, the bill of the House (H.R.No. 6123) entitled “An act to continue in force and to amend an act to establish it Bureau for the Relief of Freedmen and Refugees, and for other purposes, " with his objections thereto in writing. sssauhr was A MEMBER AGAIN.
Mr. BOUTWELL. Will the Gentfrom NewYork [Mr. HALE] allow me to ask him a question ‘I
Mr. BOU"WELL. I would inquire of the Gentfrom NewYork [Mr. ALB] if he means the House and the country to understand that if a member here feels himself aggrieved in debate by a fellow member, and feels also that the House does not furnish him with that protection to which he is entitled, thereupon and elsewhere, and in such manner and by the use of such weapons as he may choose, he is to exact what he may consider a compensation for the wrong done him?
Mr. WILSON, of Iowa. If the Gentfrom NewYork will allow me, I desire to remind him that the language of the Constitution is that “for any speech or debate in either House they (that is, Sens&Reps) shall not be questioned in any other place.H
Mr. HALE. I will relieve the gentleman entirely from the necessity of making any point of that kind. I conceded at the outset of my remarks that it was within the constitutional power of this House to punish, and that so far as technicality goes, the language used furnishes no justification whatever for the assault.
Mr. WILSON, of Iowa. The gentleman seemed to be commenting upon the word “debate.” I simply wished to remind him that the language of the Constitution is more comprehensive, the words being, “for any speech or debate.”
Mr. HALE. I comment on the word “ debate, ”.not. as contending that this House has not the same power to protect its members from accountability elsewhere for anything said on this floor, but solely on the general proposition that no suppression of the proper “freedom. ot‘debate” has been here attempted.
Mr. ALLISON. I desire to say right here, if the Gentfrom NewYork will allow me, that, as I understand the facts, my colleague [Mr. Grimm inn] rose to a personal explanation because the gentleman mm Kentucky, in the course of his remarks, made a charge upon my colleague, and refused to allow him at. the time to make an explanation.
Mr. PRICE. I wish to ask the gentleman a question; and it is simply this whether he does not know now that the 1st provocation on the day of which he speaks came from the Gentfrom Kentucky; whether that gentleman did not say that there was not a member upon the floor who believed a word my colleague said? Does not the gentleman know that that was the 1st provocation on that day?
Mr. HALE. If it be true it is immaterial.
Mr. HALE. The record shows that the 1st personalities on that occasion were used by Mr. Gunmen!” who made a personal attack upon Mr. Rousseau. I do not think it is necessary to go further back than this, and I can only say, that if the member from Iowa, or other member upon this floor, thinks that a decla ration that his colleague is not to be believed in an assertion which he has made, in regard to the military career of General Rousseau, is to be answered by charges of cowardice and false pretenses and braggart lying he certainly has a.very peculiar taste, very peculiar ideas, and very remarkable notions regarding the proper repl to an insult. 1i Mr. RAYVMON D obtained the floor.
Mr. ELIOT. With the permission of the Gentfrom NewYork I desire to have the President's veto message laid before the House, and then I propose to move that it be laid upon the table and printed, giving notice that I will call it up tomorrow alter the morn in hour for action.Mr. RAYMOND. I must decline to yield for the purpose of having the message read, though I have no objection to hainng it presented and laid upon the table.
The SPEAKER. It is always considered respectful to the President that messages of this character should be read. Does the Gentfrom NewYork yield for that purpose?
Mr. RAYMOND. if it is a matter of respect to a higher authority I will yield.
The SPEAKER then laid before the House the following vote message from the POTUS:
Mr. ELIOT. I move that the message he laid on the table and printed. The motion was agreed to.
Mr. ELIOT. I give notice now that imme diately after the morning hour tomorrow I The 'SPEA shall call this bill a and ask immediate action upon it, without deate.
Mr. NIBLACK. I move that 2,000 extra co ies of the message be printed.
Mr. L t‘ BLOND. I hope the number will he made 20,000 co ics. I think this is a good document. I won d suggest to the author of this bill whether he had not better take action upon it immediately. It may be too long to wait. until tomorrow morning to pass it over the veto, and without debate. The sooner action is taken the more apparent will be the bad animus.
Mr. ELIOT. I have no objection. [Cries of “There is none.”] I move, then, to reconsider the vote by which the matter was post poned. The mtR agreed to.
The SPEAKER. The question is, Shall this bill become a law, the objections of the President to the contrary notwithstanding?
Mr. ELIOT. Upon that I call the previous question.
Skip Skip The question was taken upon 2nding the call for the previous question; and upon a division, there were ayes 68, noes 30. So The previous question was seconded and the main question ordered.
Mr. ROGERS. I rise to a question of or der. Can this subject be taken up in preference to all other business without a 2/3rd vote?
The SPEAKER. It can, for this is a constitutional question.
Mr. ROGERS. I do not see why we need be in such a hurry.
Mr. ASHLEY, of Ohio. One of your own side [Mr. Ls Btoun] suggested that the vote better be taken now. Mr. ROGERS. Well, he was not in earnest, of course. Laughter.]
Mr. LEBLOND. I hope the Gentfrom NewJersey [Mr. Rooms] will make no objection.
Mr. WARD. I submit that the Democrats should choose their leader, and not confuse us in this way. Langhter.]
Skip Skip The question must be taken by yeas and in. s. The question was then taken; and it was decided in the aflirmative yeas 104, uays 33, not voting 45;. During the call of the roll, the following announcements and statements were made: Mr. lilOULTON. I desire to state that my colleague, Mr. CULLOM, is absent on account of indisposition. If he was present he would vote for the bill. Mr. DAWES. My colleague, Mr. Baunwm, is detained in his room by indispositiou. If he was present he would vote for the passage of this bill. Mr. ELIOT. I desire to state that the Gentfrom NewYork, Mr. POMEROY, is paired with his colleague, Mr. Hourunsv, on this question. Mr. HUMPHREY. The understanding with Mr. Pousuor was that when I left the city we were to be paired. I told him I would not leave until the latter part of this week. Mr. l llilOT. I only stated whatI understood from Mr. foucuov. Mr. ORTH. I desire to state that my colleague, Mr. FARQI‘HA“, is detained from the House by indisposition. If he was present he would vote for this bill. Mr. COBB, I desire to state that my colleague, hMr. PALYE, is absent from the Hall to day on account of indisposition. My colleague, Mr. Smart, is absent and paired on this question with Mr. Hanan“. Both of my colleagues, if present, would vote forthis bill.
Mr. Haunts, I think, would vote against it if he were here. [Laughter]
Mr. ASHLEY, of Ohio. My colleague, Mr. SCHENCR, was compelled to leave the House about an hourago by indisposition. He would vote for the bill if' he were present.
Mr. DRIGGS. My colleagues, Mr. BEAMAX and Mr. UPSON, are absent on account of illness. If they were here they would both vote for this bill.
Mr. EGGLESTON. My colleague, Mr. HAYES, is absent on account of indisposition. I am authorized to state that if he was present he would vote for this bill.
Mr. JLTHOMAS. My colleague, Mr. FTHOMASuouss, is absent on account of indisposi Lion. If he were present I am satisfied he would vote for this bill.
Mr. WARD. I desire to say that most of my colleagues are opposed‘to this veto.
Mr. JOHNSON. My colleague, Mr. DEX1805', is absent on account of serious illness. If he were present he would undoubtedly vote against the passage of this bill. And I desire to say further that there are a great many more members voting “ay” now, than thereWill be in the next congress upon similar measures.
Mr. Isonnsou. stated to me that he was obliged to leave the House on account of indisposi lion. If he were present he would vote for the passage of this bill.
Mr. PERHAM. My colleague, Mr. RICE, has been compelled to leave the city. If he was present he would vote “ ay.”
Mr. HOTCHKISS. Mycolleague, Mr. Hon nsno, is absent on account of iudis position. If he was present he would vote for the bill.
The SPEAKER. The Chair has received a note from Mr. Donor: stating that he is detained from the House by indisposition.
Mr. ANCONA. I desire to state that the Gentfrom Maryland [Mr. MOCULLOUGH] has been called away from the House within the last few minutes. If he were here he would vote in the negative. The call of the roll being concluded,
The SPEAKER. On the reconsideration of this bill, entitled “An act to continue in force and to amend an act to establish a Bureau for the Reliefof Freedman and Refugees, and for other purposes, " the vote is 104 in the allirmative and in the negative. 2/3rds having voted in the aflirmative, the bill has, notwithstanding the objections of the President, again passed. [Applause] AAULT UPON A MEMBER AGAIN.
Mr. RAYMOND. I ield the floor to the Gentfrom Iowa, [Mr. WILSON, of Iowa.
Mr. ROUSSEAU. Will the gentleman yield to me?
Mr. ROUSSEAU. I never used such language as that on any occasion. '
Mr. WILSON, of Iowa. The gentleman Wlll not have any question with me when he hears me through. said that was the charge alleged by my colleague as to what the Gentfrom Kentucky said in his speech. It was made before the publication of the speech in the Globe, the Gentfrom Kentucky having withheld his speech for revision. The Gentfrom Kentucky, on the 6th day of Feb ruary, having read in the Globe the speech of the Gentfrom Iowa, rose to a personal exlanation, and I read from the G obo the fo“l owing: Mr. Ronssmn. I desire. Mr. Speaker, to make npersonal explanation. Before data so I will ask the Clerk to read a paragraphwhich have marked in the reporb of yesterday’s debate as published in th"e Dail Globe of thismorning.
The clerk read asfollows: “‘Mr.GBixNnl.I. lIistory repeats itself. Icare not whetherthe gentleman was 4 yearsin the war on the union side or 4 yearson the other side: but I sIaythatbe degraded his State and uttered as entimout thought unworthy of an American officerwhen he said that he would do such an act on the complaint of a negro against him.’ "Mr. Rousseau. Mr. Speaker.I did not use the language imputedto me by the memberfrom Iowa. [Mr. GRINNELL] And I pronouncethe assertion that us just been res/d. that I have degradedmy State and uttered u sontiment unworthy on American oificer. to be false.a vile slander, and unworthy to be uttered by any gentlemanupon this floor." Now, Mr. Speaker, the language of the Gentfrom eutucky made use of on that occasion was of course entirely pure, chaste, and parliamentary. He only denounced the utterance as false and a vile slander unwarthy to be utterednby any gentleman on this floor. This is all entirely competent and parliamen tary, having been made by the Gentfrom Kentucky.
Mr. ROUSSEAU. I ask the gentleman, was that not a WOPEI‘reply to an assertion that I had dera ed my State and uttered sentiments unwort 1y of an American officer?
Mr. WILSON, of Iowa. Iam not here to pass any special judgment on the action of the Gentfrom Kentucky as to what in his opinion may or may not be'proper language for him to use. I am now, 311'e, ndeavoring to show that there is at least some shadow cast across the bright, brilliant, and unexception able parliamentary pathway which has been claimed for that gentleman. On that same occasion my colleague sought the floor for an explanation and used this langu"age:
Mr. GRINNELL. Mr. Speaker, I haveno explanation further than to say that the gentlemanhasWith held his remarks, and that I havepublishedmine. I alluded to his remarks as I understood them, and stateddistinctly that I had no desire to do the gentleman an injustice. I criticised his language as I understood it, and I stand by that criticism. IfIdid not representhis languagecorrectly, then I make an apologyto him in regard to that. But if I understood hrslnnguagccorrect yI makeno apologyfor mycriti cismof it. The Gentfrom Kentucky responded. Myohioctwua not to obtain an apologyfrom the gentlemuu, but to saywhat I havesaid." And this is the way in which this gentleman who says he waited 4 days for an apology met the intimation from my colleague that if he had misrepresented him he was ready to make an apology. He did not want an apology. He was not preared to receive an apology. He had uttered 1is unparliamentary language for its own sake; Even after the colloquy my colleague olfers if he was mistaken to make an apology, but the lGentfrom Kentucky wanted no a ologylemerely wanted “ to say what he hm said.” a
Mr. RO USSEAU. I Wish to say, Mr. Speaker, that there was so much coufusmn Th 1: e Hall on that occasion that I merely heard the word. npolo. I did not know whether it was the refuse or an olfer to make one.
Mr. WILSON, of Iowa. I do think that if the gentleman was particularly anxious for an apology, and heard my colleague use the word apology, without knowing whether he was tend ering one or refusing one, he might, without any great breach of decorum, have made some in iiiry into that subject.
Mr. WILSON, of Iowa. Well, then, the gentleman presents a bar to his own explanation, when he says that he did not want. an apology on that occasion. Thus the case between these 2 gentlemen rested until the 8th of February, 1866, when my colle uc rose to a personal explanation, the speec of the Gentfrom Kentucky having appeared in the Globein the mean time. He said upon that occasion: “Mr. Speaker. the memberfrom Kentucky [Mr. Boussluul who used nnparliamentary languagein referenceto myself, is. I observe.in his seat and I embracethe Ilrst opportunit sincethe publication of his speechto showhim what m oniinaa toward him was in the remark I made.an thut I had no desireto do him injustice or to impugn his honor.’ Hero is his ownlangun e in the Globe. It presents th"e' n[yaotiuon of fact, an I readit: intendtoarrestwhRepeopleoptheexport: staloment otnegroosa, ndhold themtosuit yourconIveniencefor trial and tineandimprison them, than say that I opposeyou; and if you should so arrest laibnedrptyu!n”ishme, I would kill you whenyou setmeat Now, the discrepancy between what was ori ginally charged by my colleague and what was really said by the gentle m’au from Kentucky, was that my colleague understood him to say that he would shoot the negro who might cause his arrest, or so charged. But it appeared when the speech came out that he really stated that he would kill the U.S. officer who would arrest and punish him on the exparte statement of a negro; that he would wreak his vengeance upon asworn officer of the Government, and not it on a negro.
Mr. ROUSS AU. I wish the gentleman to do me the justice to read what lgsaid upon the subject, referring to the arrest of a man’s wife and child, and the holding of them over to await the convenience of the agent of the Freedmen’s Bureau to try them. My remark was in reference to that.
Mr. WILSON, of Iowa. I remember very well that the gentleman used that as an illus tration in his speech.
Mr. ROUSSEAU. I was speaking about that and nothing else. I was referring to the arrest. of women and children, not allowing them to remain at home, but keeping them in jail for trial the next day, either for conviction or acquittal. It was about that I was speaking.
Mr. ROUSSEAU. Will the gentleman allow me a moment?
Mr. ROUSSEAU. My colleague Mr. Surrn] told me, and the Gentfrom as sachusetts [Mr. BaNks] agreed with him that the Gentfrom Iowa [Mr. he did not know and did not GcanrinenEwLhneftL said I had served 4 years on the one side or the other. The Gentfrom Massachusetts gMr. BANKse] so informed the Gentfrom own [Mr. RINNELL] before the committee. Therefore I did not misre resent, and did not intend to misrepresent, what was said on that occasion.
Mr. WILSON, of Iowa. The gentleman does not help his case one particle by his state ment. He says now that the Gentfrom Kentucky [Min SMITH] and the Gentfrom Massachusetts
Mr. BANKS] told him that my colleague said 0 did not know and did not care whother he [Mr. Rousseau] served in the rebel army or in the Union Army. That is not what the Gentfrom Kentucky said in June. He then said that the language of my colle ue was that he “did not know.”
Mr. ANKS. My statementbefore the committee was that my imression and my recollection of the language of the Gentfrom Iowa [Mr. GItINNl ZLL was that he “did not know."
Mr. NIBLACK. I want to call the gentleman’s attention to a question of construction which I think is of some importance, about which I confess my own mind is not fully settled, which has been suggested to me and which I think had better be presented for notice in this discussion. In defining the privileges of members of Congress the Constitution declares that “ for any speech or debate in either House they shall not be questioned in any other place.” It has been sug ested to me, and I claim no credit for originality in the matter, that it does not extend to a case of the sort we are now considering; that an assault upon a member of the House outside of the House for what he may say in the House does not fall within the meaning of these words of the Constitution; that these words relate to legal proceedings elsewhere, to an action for libel, to an action for slander; that such an action could not be taken elsewhere for words spoken in debate. It has been suggested to me that a collision growing out ofwords spoken in debate, outside of the House, does not amount to such a questioning in another place, and therefore does not reach to the extent of a breach of privilege. I concede, Mr. Speaker, that when a high crime is committed you may expel a member; that you may expel a member for this or for any other misconduct; but the point I make is that this does not amount to a breach of privilege, but is an assault and battery to be punished by the courts as in other assaults and atteries.
Mr. SPALDING. I have an authority here which I should like to read.
Mr. STEVENS. Do I understand the Gentfrom Indiana to mean that for words is oken in debate a man outside of the House shall not ask him a.question but turn to and flog him? [Laughter.]
Mr. NIBLACI. My point is this: whether flogging is a question Within the meaning of the Constitution. I call the gentleman's attention to the point. I think it is at least worthy of the consideration of the House.
Mr. WILSON, of Iowa. I suppose the gentleman is serious because he says he is; but that question has been decided time and again. There is no doubt about it. It would ben most remarkable thing to say that you cannot sue a man for slander for what he may say here, but when you get him out of the ease on may flog him, you may beat him, you may kill him. There is no ground in this clause for any such construction. The House may have all its members beaten for what they may say in debate until you cannot secure a quorum. Members may all be confined to their beds under the gentleman’s doctrine, by assaults made upon them, and the HoRep has no power whatever to interfere. As the Gentfrom Pennsylvania has well said, under this construction you have only to thrash a member without asking a question and on are safe, but if you ask a question and t on thrash him you place yourse f within the juris diction of the case. [Laughter]
Mr. JOHNSON. Suppose the provision of the Constitution referred to declaring that members shall not be questioned elsewhere for language spoken in the House had not been adopted, would then a member be free to be questioned by assault and battery in any other place?
Mr. WILSON, of Iowa. That question is not involved in this case. When it arisesI am prepared to answer. I am not disposed to discuss issues which cannot properly be brought into this case.
Mr. JOHNSON. Ifthe member were protected by the law at that time, why then was this inserted into the Constitution for his protection?
Mr. STEVENS. The gentleman says certain things could by no possibility come into this question. I would li e to know under the ruling of the Chair, what in God’s name could not come in. [Laughter]
Mr. WILSON, of Iowa. I will admit the question propouuded to me is one most difficult to answer under the ruling in this case, and inas much as the resolution for the censure of my colleague has been reported by the committee, and
The SPEAKER has ecided the point against me, I will take but a momentin a ain reforring to it. My collea no is arraigne before this House by a resolution reported from a committee that gave him no notice whatever that it intended to proceed against him in any manner for any purpose. They subpeuaed him as a witness, and not until the report was in this House had he any idea of such a proceeding as this. And here I wish to remark that it may be well for
The SPEAKER to reflect upon before this guestion is raised a ain in some other case. t was said by the ‘hair, in ruling upon the point of order which I made, that the whole subject was referred to this committee. Now, suppose I grant that; suppose the whole subjcctwas referred to the committee; what could the committee do? Why, they could examine into and report on the case. How? In accordance With law, in accordance with the rules of the House. Has a committee, because a subject is‘referred to it, power to overturn the law, and to overturn the rules of the House? When this committee was conducting its examination, it found that my colleague had used certain lanmiage in debate to which the Gentfrom fientucky took exception, and there upon they said the unguage was improper and a resolution should he reported to censure the member from Iowa for using it. I deny their right to do this. They might have recommended the adoption of a new rule for future application if the present rules were not thought to be sufficient. But the rule under which they were acting, just as the courts act under a statute, said that unless certain things had taken place on the occasion of the use of that language, the person using it should not be censure or be subject to the censure of the House. And yet, with that rule before them for a guide just as much a guide to the committee as a statute is a guide to a court the committee recommend to this House the passage of a resolution which is a palpable and direct violation of one of its rules.
Mr. THAYER. Will the Gentfrom Iowa allow me to ask him a question?
The SPEAKER. Before the Gentfrom Pennsylvania asks his question, the Chair will suggest to the Gentfrom Iowa that it is rather late to review and criticise the ruling of
The SPEAKER. The time for that was when he made his decision, as his decisions are all subject to the revisal of the House. But the Chair will ask the gentleman to iermit him to have read that part of the 6hrst rufe relating to the subject, so that it may go into his speech.
The SPEAKER. That portion of the rule is as follows: "And no membershall be held to answer, or be subjectto the censure of the House, for wordsspoken in ebate.if any other memberhasspoken, or other businesshasintervened, atter the wordsspoken, and beforeexceptionto themshall have beentaken. Now, exceptions were taken 2 or 3 times to the remarks of the Gentfrom Iowa; and that is all that is required as a preliminary to a vote of censure.
Mr. STEVENS. With the permission of the Gentfrom NewYork, [Mr. RAYMOSD] I would like to inquire of the chairman of the select committee [Mr. SPALDING] when I can be allowed to have an opportunity to offer an amendment. I cannot do so now, for I lllf derstand that there are 2 amendments now pending.
Mr. SPALDING. I propose to call the previous question as soon as the Gentfrom NewYork [Mr. RAYMOND] concludes his remarks
Mr. STEVENS. I hope the Gentfrom Ohio [Mr. SPALHIXG] will aimily call the previous question upon the amendments.
Mr. SPALDING. That is what I intend to do. I propose to call the previous question on the amendment to the amendment, but after that to allow all the opportunity for debate the House may desire.
Mr. RAYMOND. If the Gentfrom Pennsylvania
Mr. S'rsvarzs] would prefer it I Will yield the oor now for the previous question on the amendment of my colleague, [Min HALP., ] and make my remarks afterwards.
Mr. SPALDING. Then I callthe previous question on the amendment to the amendment. rI 'heprevious question was 2nded and the main question ordered, which was upon the amendment of Mr. HALE to the amendment of Mr. RAYMOND. The amendment of Mr. Hans was as follows: llvgolved.That this House, while expressingits an qualified condemnationand ruprobntiouofthepractice of personal reflection and remarks upon the floor of the House. reflecting upon the character of membersin the Ilouse and acts of violencetoward membersupon RDYJH'OVOCIHIOH of words.however Icvere and unmerite; and while expremlynsscrtim: its powerand authority to protect the privilegesof its members.both as respectsperson and character. ct. under all the circumstancesof the case.deemit inexpedient to take any further actionin the mutter of privilege now pendimt so far as affecting Hon. Lovsm. H. Ronsssal] and Hon. JOSIAH B. GRINNICLL.
Skip Skip The question was taken; and upon a division there were ayes 27, noes 66. Before the result of the vote was announced, Mr. GRIDER called for the yeas and pays. The yeas&nays were not ordered. So the amendment was not agreed to. The question recurred upon the amendment of
Mr. RAYMOND to the report of the commit tee, to substitute for the 1st resolution reported by the committee the following: Remlved.That Hon. Loviau. H. Rousseau besam mon edto the bar of the House, and be theropublicly reprnuiindedhy
The SPEAKERfor the violation of the rights untLpriVilczesof the Iousc, of which he was fiiilty in the personal assault coinniittedby himupon on J. D. GRINXELLfor wordsspoken in debate.
Mr. STEVENS. I desire to move to amend by striking out the 1st 2 reported by the committee and insert in lieu thereof the resolution reported by the mine ril y of the commit tee.
The SPEAKER. But one resolution is now before the House for amendment, as the Gentfrom Ohio [Mr. Sranoiivo] has notified the House that he shall ask a separate vote on the resolutions reported by the committee.
Mr. RAYMOND. The Gentfrom Pennsylvania [Mr. S'rsvsxs] can do as m colleague [Mr. HALE] did move a substitute for my amendment to the resolution uow ending, giving notice that if his substitute lis adopted he will move to lay the 2nd resolution on the table when it comes up.
The SPEAKER. That is the question now before the House. The 2nd resolution, when it comes up, can he agreed to or laid on the table.
Mr. SI‘EVENS. My desire is to get some amendment which will embrace the 1st. 2 resolutions reported by the select committee.
Mr. ALLISON. You can move to amend the 1st and then move to lay the 2nd res olution on the table.
Mr. STEVENS. No, sir; Iwant to purge the record of the 2nd resolution by a direct vote. The chairman of the select committee [Min SVALDIDJG] must perceive that there might be a very different vote. if we are compelled to vote separately upon these resolutions, from what there would be if I could be allowed to offer an amendment to embrace the 1st 2 resolutions. If my amendment should be voted down, then a separate vote can be called upon the resolutions. That would be more satisfactory to many gentlemen than to be obliged to vote 1st upon the resolutions separately. I presume all that is wanted is a satisfactory conclusion of this whole matter.
Mr. SfAliDlNG. I desire to have a distinct vote taken on the 1st resolution. But if it will subserve the purpose of the Gentfrom Pennsylvania for me to withdraw temporarily the call for a separate vote, I will do so, in order to accommodate him.
Mr. STEVENS. Then I move to strike out the 1st 2 resolutions and insert the res olution reported by the minority of the committee. Itrnst lshall have an opportunity, before the vote is taken, to explain briefly my reasons for making this motion.
Mr. HARDING, of Kentucky. I ask the Gentfrom NewYork [Mr. RAYMOND] to yield to me a moment that I may offer an amendment to his amendment.
Mr. HARDING, of Kentucky. I propose to offer the following as a substitute for the resolution reported by the minority of the committee: Resolved That in view of all the circumstances connected with this casc and although the provocation to “on. LOVELLH. Rousseau wasgreat. still this House does not excuse .but disapprovesthe assault madeby him on Hon. Mr. Grimm 11m.
Mr. RAYMOND. I prefer not to yield for that amendment. I desire that a vote shall be taken on the distinct proposition made by my motion. Ipro ose that the remarks which I have to make s iall be confined to that motion, (which is to substitute the resolution reported by the minority for the 1st resolution reported by the majority,) and also the motion now made by the Gentfrom Pennsylvania. I desire, iowever, to state that as several gentlemen desire to introduce other business, and as the hour is somewhat late, I will, if it meets the convenience of the House. yield to the Gentfrom Massachusetts [Mr. Hoorsii, ] that he may move to postpone this subject.
Mr. HOOPER, of Massachusetts. As the usual hour of adjournment is now reached, I move that this subject be postponed until tomorrow after the morning hour. The motion was not agreed to; there being ayes 48, noes 65. ENROLLED BILLS SIGNED.
Mr. TROWBRIDGE, from the Committee on Eiirolled Bills, reported that the committee had examined and found truly enrolled a bill (S.No.222) entitled “An not further to prevent smuggling, and for other purposes;” when The SPEAKER signed the same.
Mr. COBB, from the same committee, reported that the committee had examined and ouiid truly enrolled a bill (S.No.145) cuti I' tled “An act for a grant of lands to the State of Kansas to aid in the construction of the Northern Kansas railroad and telegraph, " when The SPEAKER signed the same. ADJOURNMENT.
Mr. RAYMOND. I yield to the Gentfrom Pennsylvania [Mr. STEVENS] who desires to move an adjournment.
Mr. STEVENS. I move that the House adjourn. On agreeing to the motion there were ayes 64, noes 4!).
Mr. WENTWORTFI called for tellers. Tellers were ordered; and Messrs. HOOVER of Massachusetts, and Wsxrwou'rn, were appointed.
Skip Skip The House divided; and the tellers reported a ves52, noes 42. So the motion was agreed to; and there upon (at 4 o’clock and 40 minutes p. m.) the House adjourned.
Skip Skip PETITIONS, ETE. The following petitions &e.were presented under the rule and reterredto the uppronrnito committees: By Mr. FINt‘K: The petition of C. A. Olds and others.citizens of Pickaway county. Ohio. praying for the passageof a law of Congressfor the regulation ofinter Stzite insurances of iill kinds. By Mr. LAW RENCE. of Pennsylvania: A petition from citizens ot‘ Greeno county.Pennsylvania, for an‘ increase of duties on foreign wool and protection to Aiiiericnn interwk generally. By Mr. SCHENCK: The memorialofA. Gicson and 5 others of NewYork. Officers lately of U.S.volunteers. who were promoted from theranks lafter the 31 of March, 1863p, praying that the law may besoamendedasto extend to themthe benefit of the 3 months'extra pay.
@@@IN SENATE SENATE. Tucson, July 17, 1866. Prayer by the Cha ilain, Rev. E. H. GRAY. On motion of Mr. VILSON, and by unanimous consent. the reading of yesterday’s J0ui nal was dispensed with.
Skip Skip PETITIONS AND MEMORIALS. Mr. WILSON. I desire very much to get up this morning House bill No. 3, to revive the rude of General in the U.S. Army. thas been postponed day after day for a long time. Mr. GRIMES. We have already passed it in the Army organization bill. Mr. RAMSEY. I hope we shall he allowed to 'get through with the morning business.The PRESIDENT protempore. The Chair will receive ietitions. Mr. MORRIlLL presented 2 petitions of citizens of Maine praying that aid may be granted to the European and North American railway; which were referredtothe ComForRel. Mr. CRESWELL. I move that the papers in the matter of the claim of George C. M. [Robberts be withdrawn from the files of the last Congress and be referred, together with certain other papers which I now present, to the ComClaims. The motion was agreed to. REPORTS OF COMMITTEES.
Mr. RAMSEY, from the ComPostOffices, to whom were refer red the amendments of the HoRep to the bill (S.No.236) to authorize the construction of certain bridges, and to ustalr llish them as post roads, recommended a concnrrenee in the House amendments, with an amendment.
Mr. WILLIAMS, from the Committee on I Finance, to whom was referred a bill (S.No.4115)extending time to the Alabama and Florida Railroad Company for the payment of duties on railroad iron, asked to be discharged from its“ further consideration. He also, from the same committee, reported a JtResolution (S.R.No. 134) extending time to the Albums and Florida Railroad company for the payment of duties on railroad iron: which was read and passed to a 2nd reading. Mr. WILLIAMS, from the ComClaims. to whom was referred the memorial of the Legislature of Wisconsin for the relief of Alexander F. Pratt, reported a bill (S.No.435) for the relief of A exnnder F. Pratt, se companied by a report. The bill was read a 1st time and passed to a 2nd reading; and the report was ordered tobe printed.
Mr. HARRIS, from the ComJudiciary, to whom the subject was referred, reported a bill (S.No.437) in relation to the district courts of the U.S. iuthe State of Florida; which was read a 1st time and sed to a 2nd reading. He also, from the ComPrivLandClms, to whom was reiiirred the me morial of Mrs. Mary E. Bouligny, reported a a bill (S.No.438) for the relief oft e heirs of John E. Bonligny; which was read a 1st time and passed to a 2nd reading. INTERNAL TAXATION.
Mr. ANTHONY, from the ComPrinting, to whom was referred the tollowing resolution, submitted by Mr. VANWlxuns on the 14th instant, reported it without amendment and it was considered and agreed to, namely: Resolved, That there be printed for the useof the Senate 5,000 copies of the internal tax laws now in t'orce.sothat the several provisions in relation to the same suhioct shall be inserted in connection. togetherwith a suitable index, the whole to be compiledand prepared for printing under thodirection of the ComrIntRev.
Mr. GRIMES. I notice that in the 20 7th line of the committee’s amendment this language is used: “and the said general may appoint upon his staff such number of aids, ” die. I suppose the chairman of the ComMilAffrs does not claim that the General won (I have the authority to appoint officers in the recular Army. I suppose the committee intended to use the word "select, " and not “appoint.” I propose, therefore, to amend the amendment y striking out the word “ap oint, ” in line 27, and inserting, select from the line of the Army for service, ” so as to read, “and the said General may select from the line of the Army for service upon his stuff such number of aids, not exceedinglsix, as he mayjudge proper, who shall each have the rank, pay and emoluments of a colonel of cavalry;” and between the words “who” and “shalf I move to insert “ during the term of such service.” The amendment to The amendment was agreed to.
Mr. GRIMES. I move further to amend the amendment by inserting after the word “cavalry, ” at its close, the words, “during the nrm of such stuff service;” so as to make that portion of the amendment read: And it is hereby provided that in lieu of the staff now allowed by law to the LieutenantQcneral, he shall be entitled to 2 aids and one military Secretary, each to havethe rank. pay, and emolumentsof a lieutenant cplonel of cavalry during the term of such stuff service. The amendment to The amendment was agreed to. The amendment, as amended, was adopted. The bill was reported to the Senate as amended, and the amendment was concurred in. It was ordered that the amendment be engrossed and the bill read a 3rd time. The bill was read the 3rd time and passed. INDIAN APPROPRIATION BlLb.
The PRESIDENT protemers. In compliance with the order of the Senate, the Chair will announce the appointment of Mr. Susa ny, Mr. Doour'ru z, and Mr. Nizsufru, as the committee of conference on the part of the senate on House bill No. 387, being the Indian apprOpriation bill. MAIL SERVICE TO CHINA.
Mr. CONNESS. I move that the Senate proceed to the consideration of Senate JtResolution No. 98.
The PRESIDENTpro tempers. The morning hour having exired, the unfinished business of yesterday is in order, which is Senate bill No. 387.
Mr. CONNESS. With the consent of the friends of that measure, I should like to get a vote upon the resolution that I have named. It has been already discussed in the Senate, and, for my own part, I do not wish to say anything more upon it. It will only occupy a few moments, and I am very anxious to get a vote upon it.
Mr. CONNESS. in regard to the China mail service. It has been lying over now for about 3 weeks.,
Mr. HOWARD. I understand that that measure will not occupy the attention of the Senate for more than a few minutes, in all probability, and I am willing that the order of the day shall be informally laid aside in order that it may be taken up. rc It is the JtResolution,
Mr. CONNESS. I only wish to get a vote upon it.
The PRESIDENT protent on. By common consent, the unfinished usiness may be laid aside. No objection being interposed, it is laid aside; and it is now moved that the Senate proceed to the consideration of Senate JtResolution No. 98. The motion was agreed to; and the Senate, as in ComWhole, resumed the consideration of the JtResolution (S.R.No. 98) to amend an act entitled “An act to authorize the establishment of ocean mail steamship service between the U.S and China, " approved February 17, 1865; the ending Question being on the amendment of fered by.Mr. Winsox to strike out all after the word “that, ” in the 3rd line of the resolu ton, and to insert: The Pacific Steamship Companyis hereby authorized to establish a monthly steam ship line between SanFranciscoand the Sandwich Islands, instead of stoteuacmhisnhgiaptsHonolulu, as required by law. with their engaged in carrying the mails between the U.S and China.
Mr. GRIMES. I have an advantage over the Senfrom Massachusetts in this matter. I have no difficult in reaching the conclusion to which I think ought to come in regard to this subject. There are no conflicting interests in my State behind me pullin me different ways. There is no China trade that is peculiar to my State which may be interested in making quick passages; nor on the other hand is there a large whaling interest that may be interested in touching at the SandwichIslands. I can readily conceive that in the division of counsels there must be among those men who approach the Senfrom Massachusetts on this subject, it is difficult for him to reach an accurate conclusion, even according to his own judgment, because it is the interest of the large wealthy men in Boston and NewYork, who have houses at Canton and Shunghai and HongKong and other Chinese and Japanese ports, that there should be as speedy a passage as possible from SanFrancisco to their respective cases on the west coast of Asia; and if you could approach those gentlemen in NewYork and Boston who are interested in these houses I suspect you would find that they would be unanimously in favor of‘such a proposition, and so far as their influence goes in the Chamber of Commerce in NewYork. I have no doubt it has been exerted in favor of such a propositon; but go to NewBedford and Provincetown, and among the commercial men where wealth has not been so tly concentrated as it has been in NewYork and Boston, and I apprehend you will find that there there is almost a uniform sentiment in favor of this company being compelled to maintain its original contract and touch at Honolulu.
Mr. STEWART. I should like to inquire of the Senator if that is not a very good argument in favor of this resolution the fact that men who are interested in attempting to build up this trade see the necessity of quick passages. the object of the subsidy was to build up the trade.
Mr. SPRAGUE. That is the intention, I believe.,
Mr. GRIMES. And I understand from the friends of this resolution that that is the intention. There is the issue. I have nothing further to say upon it.
Mr. SUMNER. n selecting ten days, I rather followed what seemed to be the testimony of Admiral Davis; I thou lit that messi bly ten da s would not be too muc i; but wish to make the provision one that shall be agree able to the Senfrom California.
Mr. FESSENDEN. I suggest to the senator thnt his amendment amounts to nothing, because the bill itself under which the contract “ was made only provides for 12 round trips, and does not bx the time within which they shall be made. To make the time ten days shorter than nothing would amount to nothing.
Mr. CONNESS. I will say that the lcn h of the voyage from the port which these ships shall leave to the port at which the goods are delivered is the amt that commerce seeks.
Mr. FESSENDEN. This amendment does not reach that at all.
Mr. SUMNER. The Senfrom Iowa suggests to me that ifI require 2 additional trips I shall accomplish something; but that would be obviously requiring too much.
Mr. GRIMES. Why so? If, as the Senator says, Admiral Davis thinks they can make ten days’ shorter time than they would make now, then the time gained, 12 times ten, would enable them to make 2 additional trips and have some ektra time left over.
Mr. CONNESS. I think Admiral Davis’s calculation was 7 days, not ten.
Mr. GRIMES. That would enable them to make 2 additional trips, and have ten days left over.
Mr. CONNESS. I think that this whole matter can be left with the greatest possible safety to the company that have engaged in this business. The Senfrom Maine smiles. I am convinced, nevertheless, from my acquaintance with the scale on which they are entering on this work, that their object, their determi nation, is to make it a success over other nations, and that, withoutany restriction, they will reach the oal of success.
Mr. WILSON. I have, what tie Senfrom Iowa says he had not, a strong pressure from 2 classes of men in my section of the country who are interested in this line. The one class desires the quickest communication with China and do an, and great interests are involved in that. The other class desires communication with the SandwichIslands, and they are very earnest and pressiu in securing that communication. Now, Iam tgiesirous of securing both of these ends. I believe that this steamship company has entered upon this work with the highest purposes and with the resolu fion to achieve the quickest communication with China and Japan. My colleague is about to modify his amendment so as to require the company to make annually one more trip between California and China. That will accom plish the desire of the commercial men of the country, and in fact of the whole country, that the most rapid communication that can be made shall be made between the Pacific coast and China and Japan. Now, sir, I propose to change the amendment which I offered the other day requiring this company to put on a line between SanFrancisco and the SandwichIslands; I propose to modify it by giving for this service an additional subsidy of $50,000 annually.
The PltliSlDlNGOFFlCEIt, (Mr. POMEROY 'I the chair.) The Chair understands that this is a modification of the Senator’s previous amendment.
The PRESIDING OFFICER. It will be no modified. It is in the Senator’s power to modify it, no action having been taken upon it.
Mr. SUMNER. But, as I understand my colleague, he will now move his amendment as an ad ition to the resolution, not as a substitute for it. As it was 1st offered it was a substitute.,
Mr. WILSON. Certainly my object is to move it as an additional section. The Secretar read the amendment of Mr. Wrisos as mo ified, which was to add the follpwing as an additional section to the resolu flpu. SEC. 2. Abife: That the Pac' c eninship Company is hereb authorized to cats liah a monthly steamship line ctwcen Sanfrancisco d the SandwichIslands, instead of touching at onolulu as required by law. with their steainships encased in enrring the mails between SanFrancisco and China: an for th c servicc thus be allcwed enadditional sum ot‘ fio.rewaairncnduthaellyre. U by t
Mr. WILSON. It may be that Senators think this is making an appropriation of $50,000 that we ought not to make. I certainly think we ought to deal generously with this compan. We ought to encourage them in the work they have undertaken, and undertaken on a larger scale than we expected or than we required of them. Ifuow we re iiire them to make one more trip a year, an also require them to make communication with the Sand wich Islands so that both objects will be attained, I think an addition of $50,000 annu ally is a very small matter, and I think that we had better settle it now, than to wait. for legislation at the next session of Congress. Let the country understand that we have settled this whole question, and that communication with China and with the SandwichIslands is to be completed at the earliest possible da.
Mr. Suner. I wish to modify my amendment and put it in final form. I withdraw the amendment which I offered and submit this to come in at the end of the resolution: Ami provided further That in addition to the 12 round voyages now required, one additional round voyage shal be required.
Mr. CONNESS. There is only one objection that I see to the amendment of the Senfrom Massachusetts [Mr. Wilson] in its present shape; and that is that it will bring on this company what of course they would not prefer, the c urge that they undertake to mo nopolize the control of all the Government sub. sidies in the Pacific ocean. There are other steamship owners both East and West who, if there was an opportunit to bid fora short service to the Sanich Is ands, might, perhaps, bid for it though I doubt very much whether any would at the amount proposed by the section offered by the honors le Senator, namely, $50,000 a year. The service has generally been estimated to be worth about 70,000 dollars. I have no doubt this company would be willin and able to perform the service for the additional compensation proposed; but they would not prefer, and do not prefer, to enter upon it, because they are now engaged in the rent line from SanFrancisco to NewYork he Isthmus of Panama; and when you add to that the business of their line from SanFrancisco to Japan and China and the field to be traversed by it, the amount of capital engaged. you will see that their hands are already sufficiently filled. If there is any project that they look to beyond these two, it is eventually to putting on a line of their own across the Atlantic, so that passengers may go upon their ships either in ‘urope or at China and go through by their lines.
Mr. KlltKWOOD. I wish to say to the Senfrom Massachusetts [Mr. VILSON] that as I understand his amendment, it does not secure the trip to the SandwichIslands.
Mr. KIRKWOOD. You authorize the company to run such a line and propose to give them $50,000 if they do; but there is nothing making it obligatory on them that they shall do it, noing making it a condition of releasing them from mekin the SandwichIslands a oint on their roun trip that they establish this me.
Mr. WILSON. I have modified it so as to read, “authorized and required.”
Mr. KHtKWOOD. How can you require an outsider to do anything. You run make it a condition that if the To not do Iit my are to be still held to their former contract. You may authorize me to run a line from SanFrancisco to the SandwichIslands, and say you will give me $50,000a year ifI do it, but. ifl do not choose to do it you cannot make me do it.
Mr. WILSON. This is a JtResolution proposing to change the terms of the original contract. The 1st section states the change that is to be made, releasing them from the requirement of stopping at the Sandwich Isl anels. Then this section comes in which makes a new contract, and that is, that instead of stopping at Honolulu, as was before provided, they are authorized and required to run a monthly line to the SandwichIslands, and for that service they are to receive in addition to what they now receive the sum of $50,000 an nually. I think we shall secure both objects by passing it in this form. h
Mr. lilllKWOOD. I think I understand it. The Government has made a contract with this steamship company that they shall run a line of vesscls from SanFrancisco to China, passing by the SandwichIslands, and that for that service they shall receive $500,000 a year. A contract has been made to that effect. Now, the 1st section of this resolution proposes to release them from that contract so far as it requires them to touch at the SandwichIslands. be 2nd section, which is offered as an amendment, authorizes and requires them, as modified, to establish anew line from SanFran cisco to the SandwichIslands; but when you change the original contract and do not make the new requirement a condition, a part of the contract, and have their assent to it before the old contract is changed, you do not hold them to it. There cannot be any doubt about the proposition. You propose to them that they she I do this; you say they shall; but it is not made a condition of the change of their contract.
Mr. WILSON. If the Senator will have my amendment read, I think he will see that it is so.
Mr. FOSTER, (Mr. Pousiiorin the chair.) I move that this resolution be recommitted to the committee that reported it and that the subject he postponed until the next session of Congress, the irst Monday in December next. I make this motion, not because I am hostile to the measure in either of its aspects; that is, with reference to trade between this country and China and Japan or trade between this country and the SandwichIslands; but frieiidl to both, and am desirous that the interests 0 both should be promoted to the extent of our power. It is vcry apparent that this measure is not matured with reference to both these aspects. As they now stand, they are anta onistic. They can, as I believe he liarmonizetf and made to promote each at er. As the honorable Senfrom Iowa [Mr. KIBKWOOD] has just suggested, the proposition to allow or rather to direct this company to send monthly a steamer from SanFrancisco to the SandwichIslands, imposes no obligation, but as that section now stands it. would be optional with the company to accept or reform that and to go on with this contract as we shall modify it; that is, to perform a part of the service which they contracted to erforin at the full price.
Mr. MCDOUGALL. I wish to make un inquiry as to a principle of law. Would not this measure, if passed now in this form, make a revision that would govern the whole contract, if acce ted? If they accepted it, they would be hel to accepl. it subject to this condition; or if not. the oid contract would stand.
Mr. MCDOUGALL. I think that is unquestionably the law.
Mr. CONNESS. I shall only occupy a moment.
Mr. CONNESS. I am compelled necessarily to ask the Senate not to agree to the motion to 0st one. The PR t‘SIing OFFICER. The motion is to recommit.
Mr. CONNESS. The postponement was included. I hope the Senate will not do this. I thank the honorable Senfrom Connecticut for his compliment to myself. It was not intended to be much of a compliment.
Mr. HOWARD. I gave way upon the re uest of my friendfrom California and yielded. the floor in order that this resolution now before the Senate might be acted upon, supposing it would consume very little time. he order of the day was the Northern Pacific railroad bill. I hope the Senate will come to a vote. upon the measure now before it, and let us then proceed to take u the Northern Pacific railroad bill again and dispose of that. I really cannot give my consent to any further loss oftime on this uestin.
The PRESIDIN OFlgICER. The pending question is on the motion of the Senfrom Connecticut [Mr. FOSTER] to recommit the JtResolution, with the amendments, to the ComPostOffices, with instructions to report at the next session of Congress.
Mr. GRIMES. On that question I ask for the yeas&nays. The ycas&nays were ordered; and being taken, resulted yous 18, nays 19; l2. So the motion was not agreed to.
The PRESIDING OFFICER. The question now is on the amendment. of the Senfrom Massachusetts, [Mr. SUMNER]
The Secretary read the amendment, which was to add at the end of the JtResolution the following proviso: And pmm'ded/urther, That in addition to the 12 round voyagesnow reauired voyage one additional round shall be require.
The PRESIDING OFFICER. The question now is on the amendment moved by the Senfrom Massachusetts, [Mr. Witsox, ] toadd the following as an additional section: Abife resolved That the Pacific Steam ship Company is hereby authorized and required to establish a monthly steamshipline to car the U.S. mails betweenSan Francisco on the SandwichIslands. Instead of touchingat Honolulu asrequired by law, with their steumshipsengagedin carrying the mm]: betweenthe U.S and China and for the service thus roouired thereshall beallowed an additional sumo1‘850,00a0nnually.
Mr. HOWE. I think that amendment needs further amendment. Iain not prepared to state what. it should be. I agree With several senators who have spoken, that it imposes no obligation upon the company as it now stands; that they would be at liberty to repudiate that contract and that you wilI still be bound by the release you have executed. I think it had better be referred to a committee. From what committee does this measure come?
Mr. CONNESS. A vote has just been taken on such a motion, and it was voted down. I he the motion to refer will not be made.
Mr. HOWE. I understood the motion just voted upon to be to refer and postpone.
Mr. CONNESS. I hope t lat motion will not be made again. It will be very easy to amend this section sons to make it a condition of the release.
Mr. CONNESS. But it can be made plainer.
Mr. MCDOUGALL. It is an absolute condition as it stands.
Mr. HOWE. I should like to have it reported again. The Secretary again read the amendment.
Mr. HOWE. I am told by the Senfrom Massachusetts that there is no doubt but what that is a condition to the 1st section. I respectfully submit that there is very grave doubt a out it.
Mr. STEWART. If the Senator will allow me. I will move an amendment to make it clear. I move to insert after the word “required” the words “ as a condition of this release;” so that it will read: That the Pa:iilc Steamship Company is hereby authorized and r aluired as a condition of this release to amblish. Ase.
Mr. GRIMES. I wish to make this inquiry: supper c they do not do it, what is the penalty?
Mr. McDOUGALL. The law does not go into operation.
Mr. GRIMES. Exactly; but I suppose the purl 05c of the Senfrom Massachusetts is to comel it to 0 into a eration.
Mr. FESSENDEN. should like to ask, if anybody can inform me, whether there is any estimate as to how much this subsidy ought to be. Is it more guess work? Who knows whether it is too much or not?
Mr. CONNESS. I will answer the Sena It is a condition as it service for $70,000 annually. tor. An offer was made recently by the California Steam Navigation Company to do this The Senfrom Massachusetts proposes to require, as a condition to the release, that this company shall do it for $50,000.
Mr. FESSENDEN. How do we know, then, that $50,000 is enough?
Mr. GRIMES. The truth is that neither of the propositions of the Senators from Massachusetts amount to anything, so far as this will operate authoritatively and compel this company to do anything. Suppose the company 0 not consent to be required to do this, then what? Exactly what the Senfrom California said would be the result; they will not put on this line. Then the Senator will have gone off shearing and come back shorn himself.
Mr. HOWARD. Let me inquire of the Senfrom Iowa how he would contrive to compel any contractor to perform his contract. Ie would not take him the hand and force illlfl to do it. He acts under his liability to the aw.
Mr. GRIMES. Mr. President, the PostMGenl has entered into a contract with this Pacific Mail Company to do certain work. Now, we come here and say that that company shall be required to do certain other work upon our paying $50,000. Does the Senfrom Michigan insist. that we have a right to‘do that? The preper way is, as I understand it, to refer this matter to some agent of the Governmentto reduce the contractto writing, giving to our agent authority to expend $50000 annually for this purpose, if we see(it. If the Senate do not propose to postpone the consideration of this resolution until the next session, and I see that that is the sentiment of the Senate, the proper way is to commit it to the ComPostOffices and let them put it into shape and report it back to us in the morning, Then we sha l have the resolution in a condition in which we can understand it and know what we are voting. I do not propose to make any such motion myself, but I be e it will be made and adopted.
Mr. MCDOU ‘ALL. I wish to ask the Gentfrom Iowa. who is a lawyer and I know can answer me exactly is not that an absolute condition of the law as it stands now? Is there any question about it? Can you start a question about it? Is it not the condition of the law now?
Mr. GRIMES. I suppose that this is an entire new proposition that we proffer to this Pacific Mail Steamship Company. We authorize and require them to put on a line. The terms of the proposition are not that weauthorize and direct the PostMGenl to enter into a contract for the purpose of subsidizing another line. If we are going to put on anew contract there that is the way it ought to be framed, so that there shall be a competition between this company and others. The bill ought to be referred to the committee and let them put it. into some form.
Mr. HENDRICKS. If it is intended to make this last section a condition of the law, it had better be so expressed; otherwise it will not have that effect.
Mr. CONNESS and Mr. STEWART. It is so expressed.
Mr. HENDRICKS. Do I understrstand that the friends of the measure desire the adoption of this section?
Mr. HENDRICKS. Then I want to ask a further question: is it probable that $50,000 is too high for that service?
Mr. HENDRICKS. Is it. $50,000 for each tri‘1
Mr. STEWART. 50,000 dollars for each 'ear for running monthly tris between SanFrancisco and the SandwichIslands.
Mr. HENDRICKS. Is it probable thatthey will perform the service for that sum? Certainly; we have no
Mr. HENDRICKS. I do not see why we cannot vote upon it now. Certainly we can understand that proposition very well.
Mr. CONhIuSS. There is no reason why we should notvote upon it at once. The opposition is made for the purpose, unquestionably in part at least, of opposition. I ask the Sec rotary to report the amendment again. The PR ‘SIDING OFFICER. Does the Senfrom Massachusetts accept the modification of I.is amendment suggested by the Senfrom Nevada?
The PRESIDING OFFI ER. The amendment will he reported as modified.
The Secretary read it, as follows: Abife: resolved, That the Pacific Steamship Company is hereby authorized and required as a condition of this release, to establish a monthly steamshipline to carry the U.S. mails between SanFrancisco and the SandwichIslands. in stead of touching at Honolulu. as required bylaw with their stenmship s engagedin carrying the mails betweenthe U.S and China; and for the servicethus required thereshall beallowed we additional sumof $00,000 annually.
Mr. FOSTER. I move to amend the amendment by striking out the words “and for the service thus required there shall be allowed as additional sum of $50,000 annually.” The original contract required both these services to be performed. ow, if the company prefer performing part of the service and putting on a line from SanFrancisco to the SandwichIslands, to run monthly, so as to give 12 trips, making 12 communications with the SandwichIslands, it will, in fact, be doing what they contracted to do. If they prefer to do that rather than to run according to the contract, I am willin, for one, that they should do it; and if they are not willing to do it, I am not willin to make the change.
Mr. STEWART. he resolution now requires an additional triof them.
Mr. FOSTER. If this amendment shall be adopted, I shall be willing to strike that out. I would not impose anotier trip upon them. Let the contract stand as it is. It they, instead of performing the contract as it stands, are will in to put on a monthly line from SanFrancisco to the SandwichIslands, and also run their line direct from SanFrancisco to Japan, I am perfectly willing to allow them to do it; but to pay them full price for half the service, because we are paying away $50,000, as one gentleman has said, every 5 minutes from the national Treasury, and to add another $50000, I am not willing.
Mr. CONNESS. The object.Of this amendment is very palpable. It has been presented to the Senate with some clearness that this company never would have made a bid for the service to Japan and China at less than $500,000. In proof of that, although adver tised for months, no other person or company made a bid, and they made no bid forless than that sum. They are now building ships costing $1,000,000 each, and we are to palter with the coman that is entering upon that great service or t leamount of $50,000!
Mr. CONNESS. I would not say one word more on this subject were it not for the fact that all that the Senator has said is based upon an assumption of the Senator’s own, namely, that in making this release the company are relieved from 1/3rd of the expenses of run ning the line. Who told the Senator that that was so? Certainly it does not appear in the report made. I presume that the Senator knew that of his own knowledge. He assumes it merely; but I say to the Senator that he is entirely mistaken. Here is SanFrancisco on the map that I have before me; here are the Sandl wich Islands; and here is Japan, the next point ‘, to be touched at.
Mr. FOSTER. Will the Senator pardon me for a moment?
Mr. FOSTER. The Senator says that I as sume that this ro position relieves the company from one thir of the expense of running the inc. ‘1 may have used 1/3rd as an illus tration, not meanin of course to speak of that as the precise sum. e assumes, however, that I assert of my own knowledge, without any evidence, that this is relieving the company of a portion of their expenses. I beg leave to read the last sentence of the letter of the PostMGenl, to be found on the 6th and 7th pages of the report: I "The facts, however, mustnot be overlooked, that by adoptingthe shortestroutesthe companywill be relieved from heavyexpensesin the cooling. ke" of I their steamshipsfor 4 days'steaminirin ouodircc 1tion and 3 days in the other. in addition to the I costof the necessaryaccommodationsat the port of Honolulu." That may be all a figment of the imagination, possibly, too.
Mr. CONNESS. Mr. President, it is a figment of the imagination, whether it comes from the PostMGenl or the honorable Senator or anyone else. There is nothing better known by the merest tyro in connection with nautical affairs and with the running of steamships than that when you are compelled to increase the speed you increase the consumption of fuel, not in a small ratio, but in an extraordinary ratio. If this company are compelled to touch at the SandwichIslands, speed at once is set aside; they do not enter a on the race at all, but make slow voyages. l. on the contrary, a release be granted, then they I at once take the short trip, put on steam, increase their speed, increase their eXpenses, and in place of relieving them from expense the release absolutely increases their expenditures. There is nothing more certain than that. It is an error that the PostMGenl might have very readily fallen into; for though an enlightened officer, andI will say the most so erhaps that ever was placed at the head of the postoffice Dept, it is very easy for him to be mistaken or to fall into the error that the Senator has fallen into, doubtless in the some manner, that because you shorten the voyage you therefore reduce the expenses. Sir, I would not vote to release this company from touching at the SandwichIslands upon any condition unless it shall be a condition that shall compel them to make more rapid trips, thereby increasing their expenditures.
Mr. FOSTER. It was a little unfortunate, that being the state of things, that the JtResolution, as reported, did not provide for anything but the same number of round trips perannum that the original contract provided for; and so far from making it necessary that the steamers should run faster, they might have performed their contract and run slower; and for aught that the contract or that the JtResolution reported by the committee would impose on the company, they could save money in 2 ways: 1st, by not havin to run so many days, and 2nd ly, by running even at a less speed than before.
Mr. CONNESS., I will simply say in reply to that, that had I, orthe committee, the slight est doubt that this company were engage in the true spirit of the undertakin, in agreat work, more anxious than the government could be to make it a great success, that condition would have been imposed; and as soon as it was presented or even 5 oken of by the honorable Senator, he will ear me witness that I at once accepted it.
Mr. NYE. Mr. President, I am sorry that the discussion of this question has elicited any particular heat and warmth of debate owing to the thermometer. The honorable Senfrom Connecticut, whose voice I am alweys glad to hear in the discussion of these questions, as we hear it so seldom
Mr. FOSTER. somethings are to be prized on account of their rarity.
Mr. GRIMES. Will the Senator allow me to ask him a question?
Mr. GRIMES. What lines are we threat ened with now that we were not threatened with at the time this contract was made?
Mr. NYE. I will answer the Senfrom Iowa by saying that I read in a SanFrancisco aper that not only the British Goverpment but the French Government were now in negotiations for the purpose of putting on 2 ines between SanTrancisco and Hon Kong, in China. This is the evidence that I ave.
Mr. FOSTER. If the Senator will permit me. I will say that I am not one of those who think that is by any means a compensation. I think that paying them $50,000 and allowing them to send a steamer monthl from SanFrancisco to the SandwichIslands and back will be no fair and full performance of the ori. ginal contract, by any means. It will not be as advantageous to the Government, not nearly as advantageous to the American interests at the SandwichIslands, and by no means a.full and fair performance of the original contract. Hence, to do the best I could no er the circumstances, I proposed to strike out the $50,000, for it is really giving $50,000 for not performing the contract as well as they might do. If they are not to perform the contract as well as they might do, let us pay them the original price without paying them anything more.
Mr. STEWART. I will state that the objecltion that the Senfrom Iowa makes about getting communication from the East to the SandwichIslands is a matter of no importance whatever, for the reason that the steamers coming from the East will make 3, four, or 5 days quicker time to SanFrancisco than they otherwise would. It is only about a 5 days' trip from there to the SandwichIslands. There will only be a difference of a day or 2 days in mail facilities from China, and I apprehend that that is nota very important consideration.
Mr. GRIMES. I will suggest to the Senator that it is possible that the steamer going from SanFrancisco to the SandwichIslands might not start on the day that a steamer reached SanFrancisco from China; and they might not possibly make a close connection.
Mr. STEWART. There might be a day or 2 lost.
Mr. GRIMES. But, Mr. President, I suppose it is a foregone conclusion that this JtResolution is to pass, and I have no disposition to press any further objections to its passage, except that I desire to record my vote against it. have this to say: when it was 1st introduced, as I then said, my whole 0 position was predicated upon statements that had been made to me by gentlemen connected with the Navy. Since that time I have received a large number of communications from gentlemen connected with commerce, especially from men who are engagedin the Pacific ocean trade, thankin me or my opposition and desiring that I should continue it. I do not feel that I am constrained to do so after the Senators from Massachusetts a State that owns the principal part of that commerce have ceased to entertain any hostility to the measure.
The PRESIDING OFFICER. The question is on the amendment moved by the Senfrom Connecticut to the amendment of the Senfrom Massachusetts.
Mr. CONNESS. I hope that will not be ndgprt.ed
Mr. McdOUGALL. Mr. President, it is extremely singular how persons are wisely informed about the commerce of the Pacific who could not give the locality of an island in all that vast sea. Its policies and its necessities seem to be without the ran e of information that generally obtains. do not complain, because we have been kindly and well treated by the Federal Government, but many Senators take exceptions and raise points in regard to things about which they must beigno rant. The subsidyof $500,000 is not a donation for that service; it is an inducement to furnish that service. I doubted much when that inducement was offered by Congress whether it would induce anyone to engage in that great enterprise. This company were induced to engage in it. They sustain a policy which belongs to the public as much as it does to themselves, because we would have no business to pay a subsidy to this line unless it was a public enterprise. It is to command the commerce of the Pacific, to establish our relations with Japan and China, to add to the wealth of the nation, and $500,000 was thought here to be a reasonable sum in payment for it. I did not think then that it was sufficient; I do not think now it is large enough. 800,000 dollars a year was paid to the Collins line of steamers for running across the Atlantic, only 2/3rds the distance across the Pacific, and that on a line where there was a ver large amount of travel and an establilshc business. I trust this will not be considered as a matter of giving, but as a matter of inducement. To make a rapid line between our coasts and China is of public importance. To establish our relations with the SandwichIslands is also a matter of importance. As the JtResolution stands, with the amendment of the Senfrom Massachusetts, I do not think that any person can make a reasonable objection to it, because for the $550,000 millions will roll into the public Treasury as the reault of it.
The PRESIDING OFFICER. The question is on the amendment of the Senfrom Connecticut [ML FOSTER] to the amendment of the Senfrom Massachusetts, [Mr. will som]
Mr. GRIMES called for the yeas&nays, and they were ordered; and being taken, resulted yeas 17, nuys 22; 10. So the amendment to the amendment was rejected.
Mr. HOWE. I move to amend the amendment of the Senfrom Massachusetts by adding us a proviso: Provided, That the release contained in the 1st sectionshall not take effect until said Pacific Mail Steamship Company shall enter into contract with the postoffice dept to make oneadditional trip to China and upon and also a monthly trip to Honolulu, for the compensation provided in the 2ndsection.
Mr. WILSON. I accept that amendment as a modification of my amendment.
The PRESIDING OFFICER. The question, then, is on the amendment of the Senfrom Massachusetts as modified.
Skip Skip The amendment, as modified, was adopted. The JtResolution was reported to the senate as amended, and the amendments were concurred in. The JtResolution was orderengross for a 3rd reading, and was read the 3rd time. Mr. GRIMES. I call for the yeas andnays on the passage of the resolution. The yeas&nays were ordered; and being taken. resulted yeas 24, nays 15; 10. So the resolution was passed. BILLS INTRODUCED.
Mr. WILSON asked, and by unanimous consent obtained, leave to introduce a bill (S.No.430) to reorganize the clerical force of the War Dept, and for other purposes; which was read twice by its title and referred to the ComMilAffrs .
Mr. VANWINKLE asked, and by unanimous consent obtained, leave to introduce a JtResolution (S.R.No. 133) to change the place of holding the terms of the circuit court for the district of WestVirginia; which was read twice by its title and referred to the ComJudiciary.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. McPEIiSON, its Clerk, announced that the House had passed a JtResolution (H.R.No. 90) in regard to rations of Union soldiers held as prisoners of war; and also that the House had concurred in the report of the committee of conference on the isagreein vote upon the hill (S.No.343) to quiet land titles in California. ENROLLED BILL SIGNED. The messagealso announced that
The SPEAKER of the House had signed the enrolled bill (S.No.145) for a grant of lands to the State of Kansas to aid in the construction of the Northern Kansas railroad and telegraph; and it was thereupon signed by the President prote mporc. LEGISLATIVE, ETE., APPROPRIATION niLL.
Mr. HOWARD. I now move to take up Senate bill No. 387.
The PRESIDING OFFICER. That bill having been informally laid aside is now regularly before the Senate. The Senate resumed the consideration of the bill (S.No.387) to secure the speedy construction of the Northern Pacific railroad and tel egrapli line, and to secure to the Government the use of the same for postal, military, and other purposes.
Mr. HOWARD. I wish to amend one of the amendments of the bill in which the Senate have already concurred. In lines 9 and ten of section 3, on page 4, I move to strike out the words “the issuing of” and insert after “patents” the words “shall become due;" so as to read, “that the lands to which said company shall be entitled shall not be subject to any general or local taxation for any purpose whatever for the period of 5 years allier patents shall become due for the same.” It might occur that the company would omit to take out the patents for an unreasonable length of time; hence the necessity of makim7 the exemption to commence from the time the patents are due under the charter. The amendment was agreed to.
Mr. SHERMAN. I now submit the motion which I indicated yesterday, to recommit this bill. I have a number of amendments, but I will not offer them until that question is disposed of. I move that it be recommitted to the committee, so that we may consider it during the vacation.
The PRESIDING OFFICER. The Chair recognized the Senfrom Wisconsin. Does he yield to the Senfrom Ohio?
Mr. HOWE. No, sir., Mr. SHERMAN. We had better vote on the recommitment. I haveanumber of amendments which I wish to offer if my motion is voted down.
Mr. HOWE. I have some amendments which I propose to offer before the bill is recommitted.
Mr. SHERMAN. Ofcourse if the Senator is entitled to the floor he will do as he leases.
Mr. HOWARD. I supposed that to be the effect of the bill as it stan s.
Mr. HOWE. I think that is not the effect of it. In line 14 of section one I move to strike out the words “ issue of the same ” and insert “com letion of said section.”
Mr. SHERMA. Now, pendingthat amendment, I submit the motion to recommit.
The PRESIDING OFFICER. The Senfrom Ohio moves to recommit this bill to the ComPacificRR.
Mr. SHERMAN. I have quite a number of amendments to offer; but it is not worth while to take up time with them if the bill is to be recommitted.
The PRESIDING OFFICER. Does the Senator refuse to commit with instructions?
Mr. SHERMAN. No, sir; I move to recommit without instructions.
Mr. HOWE. I wish the Senator to with draw that motion. I have several amendments which I wish to offer.
Mr. SHERMAN. So have I, and I have more amendments than the Senate is williu to devote time to considering on this bill. wish to avoid any further controvers ', because I believe I hope at least that the ‘enate will let the bill go over until the next session. The motion to recommit will clear this bill out of the way of the other business of the session.
Mr. HOWARD. I wish the Senfrom Ohio would withdraw his motion and let this amendment be made. It simply makes the clause more definite and exact in its phrase ology and meaning. I think the amendment does not alter the legal effect of the clause, and I am entirely willing to accept the amendment of the Senfrom Wisconsin.
Mr. SHERMAN. I prefer that the motion to recommit be made now. I am notified that other Senators have amendments. There is no use in wastin time with them.
Mr. HOWAR. If the Senfrom Ohio will insist upon his motion and cut off so simple an amendment as this, I am willing to submit it to the Senate.
Mr. SHERMAN. I have to say, in reply to the observation of my friendfrom Michigan, that if this bill be recommitted, as he seems to be in favor of the amendment, he will have ample opportunity in committee to amend it in this and several other particulars; and I have some other amendments.
Mr. HOWARD. I am entirely aware of that; but I do not intend, so far as depends on me, to have it recommitted. I think that entirely unnecessary. I understand quite well that the Senfrom Ohio is op‘)080(l to the passage of any such measure as this, and the recommitment, therefore, is proposed at this time as one Of the means of getting rid of the bill and finally defeating it. I do not propose to reargue the whole of the sub'eet at I is time on the motion to recommit. he Senate are already sulfieiently possessed of the contents of the bill, its object, and the necessity of it, if there be such necessity. I hope the Senate will not recommit the bill.
Mr. CONNESS. I wish to say, befOre the vote is taken on this proposition to recommit the bill, that I think it is better that the senator should prepare his amendments and Offer them to the bill. I am prepared, though friendly to the bill, to vote for some amendments which will make some changes in the grants made, but opposed to recommitting.
Mr. SHERMAN. Aside from my opposttion to this bill it is not necessary for me to repeat it I say in good faith to the Senator that the bill in its present shape would be, I think, a ver absurd thing to pass, aside from its genera merits, and I have amendments which I did submit to the Senfrom California on which I desired the judgment of the Senfrom Miehi an. When we take this bill up in committee will submit the amendments to the committee. We shall have ample time to discuss it. NO injury can be effected by the delay in the passage of this bill; the lands are still unsold and our Government credit is still L unaffected. You will he no worse off in legislating next winter, and I think the loss of a few months in the construction of this work will not be very serious.
Mr. HOWARD. It is certainly not an unreasonable request to make of the Senfrom Ohio that he would present his amendments now and let us consider them. My own idea is, that we can very easily perfect this bill, and if it has friends enough in the Senate we shall have time to pass it. It is essential to this company thatt ey should be informed whether it be the purpose of congress to render them any aid during the present season to assist them in carrying on this great and magnificent undertaking. It is important to them to know whether they can go into the market and borrow mone upon anything like reasonable terms, as 0t ier railroad companies are compelled to do in order to prosecute their undertakings; and it seems to me that if the honorable Senfrom Ohio is in any degree willing to render the company aid by granting the credit of the Government to it, in this or any other form, this is the time when he ought to express it, and certainly the time when the Senate ought to express it. They cannot raise a dollar of money by borrowing in the markets at the present time unless they borrow upon their own individual responsibility, for the reasons which I stated yesterday. The markets are full of the bonds and securities of those other great railroad corporations which we have chartered and which are now engaged in the prosecution of their work, and possessfarboaderfacilities forborrowin money than this road does. I regard this roa as necessary to the prosperity of the country and its true interests as even the Union Pacific railroad, and I see no reason for making fish of one and flesh of the other.
Mr. SHERMAN. I call for the yeas and as s on my motion to recommit. The cats&nays were ordered. Mr HOWARD. I wish to know whether this motion contemplates the postponement of this measure untilt enext session of Congress or not.
The PRESIDING OFFICER. The motion is to recommit the bill to the ComPacificRR. There is no further motion.
Mr. HOWARD. The effect of recommitting will be to throw it over to the next session.
Mr. SHERMAN. Undoubtedly that is my ppr ose. I never conceal a matter of that kin.
Mr. EDMUNDS. Before the vote is taken I desire to state that I have paired off on all questions about this road with the Senfrom estVirginia, Mr. Van WINKLE.] The question being taken by yeas&nays, resulte yeas 20, nays 19; 10. So the motion to recommit was agreed to. PERSONAL EXPLANATION.
Mr. WILSON. The other day, when a debate arose here with regard to the tariff bill, in reply to the Senfrom Indiana, Mr. Hsnnnrexsd who had referred to the c air man of the ComWays&Means of the other House, Mr. Monnnm, of Vermont I said that
Mr. MORRILL had put upon him, y a vote of the House, an increase of duties on iron and on coal. I learn that I am reported as having said “wool” instead of “ coa.” I certainly could not have so intended, because no such vote was taken. On iron and on coal the HoRep increased the duty over the rates reported by Mr. MORRILL. I regret that this mistake should have been made, either by a slip of the tongue on my part or by an inaccuracy in the report. It is more likely that I made the mistake myself. I re gret it because I have seen some papers in the country reflecting very severely upon Mr. MOBnlu. on that subject. I make this explanation in order to put myself right toward him. EXECUTIVE SESSION.
Mr. SHERMAN. In 20 minutes more we take a recess, by order of the Senate, and as it is necessary that we should have an executive session. I move that the Senate now proceed to the consideration of executive business. The motion was agreed to; and after some time spent in executive session the doors were reopened.
Skip Skip MESSAGE FROm THE HOUSE. A message from the HoRep, by Mr. McPnnnsoa', its Clerk, announced that the HoRep had concurred in the report of the committee of conference on the disagreeing votes of the 2 Houses on the amendments to the bill (H.R.No. 213) making up reprintions for the legislative, executive, and) judicial expenses of the Government for the year ending the 30th of June, 1867. HOUSE BILL REFERRED. The JtResolution (H.R.No. 90) in regard to rations of Union soldiers held as pris oners of war was read twice by its title and referred to the ComMilAffrs . SOLOMON1’.SMITH.
Mr. HARRIS. I move that the Senate proiied to the consideration of Senate bill No. 0. The motion was agreed to; and the Senate, as in ComWhole, proceeded to consider the bill (S.No.410) for the relief of Solomon P. Smith. It directs that there be paid to Solomon P. Smith, late a captain in the 115th regiment of NewYork volunteers, the sum of $260, for his pension from the 14th of January, 1865. when he was mustered out of the service, until the 15th of February, 1866, the date of the filing of his application for a pension with the ComrPensions. The bill was reported to the Senate, orderengross tor a 3rd reading, read the 3rd time, and passed. ORDER or nesmuss.
Mr. WILSON. I move to take up the bill that was specially assigned for today at one o’clock, the bill for the equalization of the bounties of soldiers, for the purpose of getting an adjournment upon it, so as to leave itas the unfinished business. It was put aside at one o'clock by the Northern Pacific railroad bill.
The PRESIDING OFFICER. The Senate gaving made an order to take a recess to pay
Mr. TRUMBULL. It is not half past 4 o‘clock yet. We want to get this bill up 1st.
Mr. WlLSON. This will not interfere with that order.
The PRESIDING OFFICER. If the senator's bill should be taken up now, that would leave it as the unfinished business when the Senate comes together a in in the evening.
Mr. WILSON. This ill was specially as signed for today.
Mr. POLAND. I hope this motion will not prevail. The bankrupt bill was made the special order for yesterday at one o’clock, but was crowded out by the unfinished business ofSat urday, and I think I am entitled to have that taken up tomorrow. The assignment of that bill was in advance of the new nment of the bill to which the Senfromilassachusetts refers.
Mr. HOWE. I prepose as a compromise that both Senators allow me to make a report.
Mr. WILSON. I merely ask that the bill be taken it now. The PR ‘SlDlNG OFFICER. The motion of the Senfrom Massachusetts is in order, and the question is on that motion.
Skip Skip The question being put, there were, on a division ayes 3
Mr. TRUMBULL. I suggest to the Chair that the time fixed for arecess has arrived and there is not time to finish the count.
The PRESIDING OFFICER. The hour of half past 4 o’clock having arrived, the senate will now take a recess until 7 o’clock this evening. EVENING SESSION. The Senate reassembled at 7 o’clock p. m. anvsnss nnrou'rs.
Mr. CLARK. Imove to proceed to the consideration of the adverse report of the ComcClaims on the petition of James Larry. The motion was agreed to.
Mr. CLARK. I move that the prayer of the petition be rejected. The motion was agreed to.
Mr. CLARK. The next adverse report on the Calendar is report No. 41, in the case of Ephraim Hunt. "he committee report that the prayer of the petitioner ought not to be granted. The report was agreed to.
Mr. CLARK. The next adverse repert of the ComClaims is report No. 62, on the petition of H. Clay Wood. The report is that the prayer of the petition be rejected. The report was agreed to.
Mr. CLARK. The next is report No. 66, in the case of Mrs. Catharine Ferguson. The report is that the prayer of the petitioner cannot be granted. The report was agreed to.
Mr. CLARK. The next is No. 67, the case of O. Holman. The committee recommend that the prayer of the petitioner be denied. The report was agreed to.
Mr. CLARK. The next is report NO. 78, on the ease of George Mack, and 25 others, enlisted men of company G, 8th regiment U.S. Veteran volunteers. The committee report that the prayer of the petitioners cannot be granted. The report was agreed to.
Mr. CLARK. The next is report No. 77, in the case of T. S. Briscoe. The committee report that the prayer of the petitioner cannot be granted. The report was agreed to.
Mr. CLARK. The report No. 77, in the case of l". M. Faircloth, is that the prayer of the petitioner cannot be granted. The report was agreed to.
Mr. CLARK. The report No. 81, on the petition of George P. ‘Itensberg is that the prayer of the petitioner be denied. The report was agreed to.
Mr. CLARK. The adverse report, No. 82, in the case of Eli W. Goff, is that the petitioner’s prayer ought not to be granted. The report was agreed to.
Mr. CLARK. The next adverse report is No. 91, on the petition of C. F. Johnson.
Mr. BUCKALEW. I hope that will lie over.
Mr. CLARK. It may be passed over at the request of the Senfrom Pennsylvania.
The PRESIDENT protemporc. The report will be passed over.
Mr. CLARK. The next adverse report is No. 92, in the case of Henry Roy De LaRein tree. It is an old case that has been a good many times before Congress. The report is that the prayer of the petitioner should not be granted. The report was agreed to.
Mr. CLARK. The next is No. 93, an adverse report on the claim of Benjamin Tilley. I move that the prayer of the petitioner be not granted. The motion was agreed to.
Mr. CLARK. In the case of D. D. Sublett, report No. 94, the committee recommend that the petitioner have leave to withdraw the petition. Leave was granted.
Mr. CLARK. No. 95 is an adverse report n on the petition of Joseph W. J. Holmes. The committee report that the rnyer of the petitioner ought not to be granted). The report was agreed to.
Mr. CLARK. No. 101 is an adverse report on the claim of James B. Johnson. The committee report that the prayer of the petitioner cannot be granted. The report was agrced to..
Mr. CLARK. No. 113 is a report on the petition of George W. Tarleton. The committee ask to be discharged. I move that the prfiyer of the petition be not granted. he motion was agreed to.
Mr. CLARK. No. 123 is an adverse report on the petition ofSarah A. Monaghnu. I move that the prayer of the petition be not granted. The motion was agreed to. HENRY M. WHITTLESEY.
Mr. CLARK. All the adverse reports having been disposed of, I move to take up Senate bill No. 46, for the relief of Henry M. Whit tlescy. The motion was agreed to. The bill provides that in settling and adjustin the accounts of Henry M. Whittlesey, of Michigan late asst quartermaster and acting chief quartermaster of the 20th corps, there be allowed and credited to him or his representatives the sum of $5,000, the proceeds of a draft fer that sum from Catain J. M. Blair, commissary of subsistence dept of the Cumberland. on the U.S. depository at Louisville, Kentucky, in 1864; such proceeds having been accidentally and without fault of Ca tam whittlesey irrecoverably lost. Mr. CLA tK. The committee report adversely upon the bill. I move that it e indef initely postponed. The motion was agreed to. sowann P. u’xrnuar. On motion of Mr. CLA RK, the bill (H. B. No. 854) for the relief of Edward P. McKin ney, of Binghamton, NewYork, late captain and asst commissary of subsistence, was considered asin ComWhole. It is an authorization to the proper accounting officers of the War and Treasury depts to allow to Edward P. McKinney, ofingham ton, NewYork, late captain and asst commissary ofsubsistence, upon the settlement of his accounts, the sum of $475, or so much thereof as the proof shall establish, upon his proving satisfactorily to such officers that that sum was properly paid by him prior to the 13th of August, 1864, to men of the 1st RhdIsl and cavalry, and the 1st, 2nd, and 5th U.S. cavalry regiments, and that his vouchers therefor were forcibly taken from him and destroyed by the enemy on the 13th of August, 1864, between Harper’s Ferry and Winchester, Virginia, without his fault. The bill was reported to the Senate, ordered to a 3rd reading, read the 3rd time, and passed. HENRY HORNE. On motion of
Mr. CLARK. Ranney is the proper name, and the correction should be in e. ‘hc PRESIDENT ro temporc. Thatamendment will be made without putting the question, it being the correction of a clerical mistake. The join t'resolution was reported to the senate as amended and the amendment was concurred in. It was ordered that the amendment be engrossed and the JtResolution read a 3rd time. The resolution was read the 3rd time and passed. lts title was amended by striking out “Ramsey” and inserting “Ran ney.” CAROLINE A. RANDALL. On motion of Mr. CLARK, the JtResolution (H.R.No. 170) for the relief of Caroline A. Randall, administratrix and widow of Charles B. Randall, deceased, was considered as in ComWhole. It is a direction to the proper accounting officers of the Treasury Dept to pay to the legal representatives of Charles B. Ran all, deceased, late lieutenant colonel of the 159th regiment NewYork volunteer infantry, who was killed in action on the 20th of July, 1864, at the battle of Beech Tree Creek, Georgia, the sum of Sl75, as payment for one private horse used by Randall in the military service, which horse was lost by starvation re days after his death. The JtResolution was reported to the senate, ordered to a 3rd reading, read the 3rd time, and passed. HORACE I. HODGES.
Skip Skip The amendment was agreed to. The resolution 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. SUE smitPuEY. On motion of Mr. CLARK, the hill (8. No. 413) for the relief of Miss Sue Mnrphey, of Decatur, Alabama, was read the 2nd time and considered as in ComWhole. It is a direction to the SecyTreasury to cause to be paid to Miss Sue Murphey, of Decatur, Alabama, $7,000, in full compensation for damages done her farm in Decatur, Alabama, by reason of the same being occupied for military purposes, and for e destruction of the buildings and other property thereon.
Mr. WILSON. I do not like the reading of that bill. I wish to hear an explanation of it.
Mr. POMEROY. I should like to hear the bill read again. I do not know what it is for. Is it for damages because our troops eucamped on somebody‘s farm?
Mr. CLARK. Not at all. This lady lives at Decatur, Alabama. Her farm was occupied by our troops, and it became necessary to for tify the place. Her house was upon her farm, situated exactly in the corner of the fortification that it was necessary to erect. She is proved to have been an eminently loyal person by all those who had acquaintance with her. The Governmentdestroyed her house entirely, took it down, and built a fortification right upon it; it became absolutely necessary to do so for the defense of the place.
Mr. I’OMEROY. I think this must be a case about like the Armes case.
Mr. CLARK. It involves the same principle as the Armes case; but here the house was taken down and a fortification put upon the spot.
Mr. POMEROY. Have we passed the Armes i I
Mr. CLARK. We passed it once, but it stands on a motion to reconsider.
Mr. WILLIAMS. This was taken by order of the commanding officer directly.
Mr. POMEROY. Iwill not opiose this, because I am in favor of the Armes ill.
Mr. CLARK. It is a claim that ought to be' aid. lie bill was orderengross for a 3rd reading, and was read the 3rd time and passed. AMELIA rsas'rnn.
Mr. CLARK. I move next totake up senate bill No. 434. s The motion was agreed to; and the bill (S.No.434) for the reliefof Mrs. Amelia Feaster, of Columbia, SCarolina, was read the 2nd time and considered as in ComWhole. It provides for the payment to Mrs. Feaster of $10,000 as reimbursement for money expended by her in alleviating the sufferings of officers and soldiers of the U.S. Army confined in rebel prisons in SCarolina during the late rebellion.
Mr. CLARK. I ask that the report may be read in that case.
Mr. RAMSEY and Mr. JOHNSON. Oh, no; there is no objection to the bill.
Mr. CLARK. 1fthere is no objection to the bill, and nobody desires to listen to the report, it need not be read.
Mr. JOHNSON. The only objection I have is that the amount is not half enough.
Mr. CLARK. It is all we thought we could give her. The bill was reported to the Senate, orderengross for a 3rd reading, was read the 3rd time, and passed. WASHINGTON CROSLAND. On motion of Mr. CLARK, the bill (S.No.431) for the relief of Washington Crosland was read the 2nd time and considered as in ComWhole. It provides for the ppyment to Washington Crosland, of StLouis, issouri, the sum of $20,000, in satisfaction of all damages which accrued to him by reason of the construction of arailroad across his 2 lots of land in the city of StLouis by the U.S. for military purposes.
Mr. CLARK. The bill is printed wrongly. The amount agreed upon by the committee was $2,000. I move to strihe out “ 20 ” and insert “two.” I am told this is a mistake of the printer.
Skip Skip The amendment was agreed to. The bill was reported to the Senate as amended, and the amendment was concurred in. The bill was orderengross for a 3rd reading, was read the 3rd time, and passed. BARK MARIA HENRY. On motion of Mr. CLARK, the bill (H.R.No. 518) for the relief of the owners of the bark Maria Henry was considered as in ComWhole. It proposes to direct the Secreta of the Treasur to pay $12,000 to Georghc earn, agent an part owner of the bark laria Henry, of Portland. Maine, in full I compensation for the use and detention of that vessel by the military authorities of the U.S., from the 26th day of February to the 26th day of May, 1805, inclusive. The bill was reported to the Senate.
Mr. HOWE. think the language of the bill does not cover the claim.
Mr. CLARK. I think the bill should be amended, and I move to amend it by adding the words, “and for any and all damages for the omission of said Government to load said vessel with coal for NewOrleans or Port RO al." the amendment was agreed to. The amendment was orderengross and the bill to be read a 3rd time. The bill was read the 3rd time and passed. ALEXANDER 1".PRATT. On motion of Mr. HOWE the bill (S.No.435) for the relief of Alexander F. Pratt was read the 2nd time and considered as in ComWhole. It provides for the nyment of $530 to Alexander F. Pratt, in full for pursuing and capturing one Elrali K. Janner, convicted of counterfeiting U.S. coin. The bill was reported to the Senate, orderengross or a 3rd reading, read the 3rd time, and passed. JOHN HASTINGS.
Mr. CLARK. I ask unanimous consent of the Senate to report back from the ComClaims, and at on its passage at this time, a bill for the relief of John Hastinge, late surveyor and deositary of the public moneys at Pittsburg. e was not collector of customs; but he was depositary of the public money. The Dept refused to pay him on that account. This bill simply amends that bill in that particular, and appropriates to him the same amount in lieu 0 that. The bill (S.No.324) for the relief of John Hastings, late surveyor and depositary of public moneys at Pittsbu was considered as in ComWhblle, reported to the senate, ordered to be engrosse for a 3rd reading, read the 3rd time, and passed. EH1. CURLEY. unmotion of Mr. CLARK, the bill (S.No.433) for the relief of E. J. Curley was read the 2nd time and considered as in ComWhole. It proposes to require the SecryTreasury to pay, or cause to be paid, E. J. Curle the sum of $34, 248 52 as compensation in full for corn purchased of him by Ciriptain E. B. W. Reslieaux, asst quar termaster, on the part of the Government. The bill was reported to the Senate, orderengross or a 3rd reading, read the 3rd time, and passed. JANES, FOWLER, KIRTLAND AND COMPANY. On motion of Mr. CLARK, the bill (S.No.429) for the relief of Janos, Fowler, Kirtland d: Co. was read the 2nd time and considered as in ComWhole. It provides for the payment of $62, 624 66 for reimbursement of money expended in the construction of the dome of the Capitol.
Mr. TRUMBULL. That is a pretty large sum. I think we ought to know what the facts are.
Mr. CLARK. There is a report in the case.
Mr. HOWE. I feel bound to say to the Senate that I am not satisfied with this report or with the bill. The Senate doubtless understand from the reading of the report that these gentlemen claim damages which they say they sustained by reason of the violation of a contract made by them with the Government of the U.S. for the completion of the dome of this building. I think the bill ought not to pass for 2 reasons: 1st, I think that the proof is very defective n on which the committee have alleged that there was n violation of the contract; and 2nd ly, if there was a violation of the contract, I think the report overestimates the damage sustained in consequence of it. The existence of the contract is undisputed. The claimants allege that by direction of the SecyWar they were ordered to suspend work on the Capitol dome in the s ring of 1861. I believe tiqe is no proof 0 that except the allegation in the etition itself.
Mr. CLARK. There is teorder. There is no question about it.
Mr. JOH SON. I ask the chairman whether there is evidence that the work could have been completed in one year.
Mr. CLARK. [think it was very satisfac torily shown that if they had not been interrupted they could have gone on and completed it within a car.
Mr. JOHNSON. When they went to work again, why did they not go on and complete it within a car?
Mr. Ola ARK. Because it was impossible to get their men back to the foundery and do the same work they had been doing before.
Mr. TRUMBULL. Did it take 3 years to get them back?
Mr. CLARK. It. took 3 years to get the work through, as they were going on.
Mr. HOWE. What is the evidence that they could not ct the men back in 1802?
Mr. CL RK. I think it is to be found in a variety of documents the committee had before them. I have not got them here now, because I separated them out from the apers that I wanted to go on the files; but H] have examined this case with great care. For a year or 2 the attention of the lobeSeuatorfrom Ver mont
Mr. BUCKALEW. Who was the quartermaster?
Mr. TRUMBULL. He made the contract, did he not?
Mr. WILLIAMS. I concurred in this report, and I an: satisfied of its correctness; and if there be any objection to it, it consists in not allowing these men as much as theyare entitled to recover, and in myjudgment could recover, in a court of law in case this contract existed between these petitioners and another person. They entered into a contract with the ‘overnment of the U.S. to doacertain quan tity of work at ii certain price. After they had entered upon that work and made their rep arations, ired their skilled workmen, and) ro cured their materials for the completion of the work, the Government interposed and arbi trririly discharged them, refused to allow the men to procec and perform the contract.
Mr. ] OHNSON. Permit me toask whether there was any provision in the contract that the Government should be at liberty toter minate the contract at any time.
Mr. CLARK. Not. the least. There was no allusion to an such this.
Mr. WILLIAli S. The petitioners were compelled at that time to abandon their contract, at a time when labor was chea and materials were comparatively cheap. T ion a period of about a year intervened. After the expiration of that.year they were requested to resume the work upon this contract and they proceeded pursuant to that request to complete the jobof work. Now, I say that they would be entitled in a court of law to recover upon a quantum merm t, that the violation of the contract on the nut of the Government discharged them from its obligations, and when the Government requested them to resume this work, and they did pursuant to that request resume the work, the would be entitled to recover what that wor was reasonably worth.
Mr. JOHNSON. Unless they agreed to go on nader‘the contract, they would certainly.
Mr. WILLIAMS. There is no evidence here that they did agree to go on under the contract.
Mr. TRUMBULL. Would not that be the legal effect of it?
Mr. WILLIAMS. The Governmentretained $30,000 of money that belonged to these persons. There was no reason for them to expect that the Government would pay to them this $30,000 unless they (rid go on and finish the contract.
Mr. HOWE. I want to know'if the Government did not owe them the $30,000.
Mr. WILLIAMS. I do not know whatview the Government took; but. the $30,000 was reserved to compel these men to complete the contract, and they were not entitled, according to the view which the Government took of the contract, to receive the $30,000 until the contract was completed, until the dome was erected and finished.
Mr. HOWE. Has the Government been heard? When the Senator talks about “the Government, ” I suppose he means the QuarterMGen.
Mr. JOHNSON. That is “the Government" for this purpose.
Mr. HOWE. as that embodiment of the Government been heard from on this subJect?
Mr. WILLIAMS. I judge according to the evidence that was submitted to the committee in this case; and I would inquire of the Senate for what purpose this $30,000 was retained by the Government if it was not to compel these men to resume this contract and complete the job. It is manifest ir the Government had any object in retaining this $30,000, after that amount had been earned by these men, it was to enforce them to a performance of the contract. That could have been the only object in retaining this amount of money.
Mr. HOWE. I will simply say that if the QuarterMGen or SecyWar refused to pay the $30,000 what the evidence is on that point I do not recollect, Senators can tell his refusal did not. bind the Government. It was just as easy for the contractors to apply to Congress to pay them the $30,000 as it is for them now to apply to Congress to pay them $05.
Mr. WILLIAMS. I do not know that these men understood or had any reason to suppose that Congress would pay to them the $30,000 which wasretained by the QuarterMGen or in the hands of the Government.
Mr. HOWE. I think contractors in common with all other citizens of the U.S. do‘not upon the theory that Congress will pay what the Government owes.
Mr. TRUMBULL. I do not propose this warm evening to argue this case With the members of the committee who have reported it, nor am I sufficiently familiar with the facts to do so; but I was not satisfied from the reading of the report that the measure of damages adopted by the committee was a proper one. This case is argued by the Senfrom Oregon as if the parties engaged in the manufacture ofiron for the dome of this building were engaged in no other business. He says they discharged their hands and could not get them back a sin. Now, I suppose if the fact was inquire into it would be found that they were large manufacturers and probably had just as many hands
Mr. CLARK. Allow me to state to the Son ator exactly how that was. The only other business they had was a separate business of making ranges for dwelling houses, nothing at all compared with this, and when this was stopped they were obliged to shut up the shop that they had for this and discharge all the hands connected with this work.
Mr. TRUMBULL. I know that the iron manufacturers were very prosperous during the war.
Mr. CLARK. These men did make something on their ranges.
Mr. CLARK. I am not going to argue the question whether it should go to the Court of laims or not. After the Senate have submitted it to the committee and the committee have bestowed their time upon it and investigated it to the best of their ability, ifthe Senate are not satisfied and desire to have it go to the Court of Claims I shall submit, though I think we have done the matter justice. But I want to state that after this work was interrupted in 1861. while the Government held over 30,000 dollars of these parties’ money, the Government I speak now of Congress by virtue of the act of April 19, 1862, directed the work to be resumed under the SecyInterior. Before it was resumed they took it out from the bands of the War Dept, put it into the bands of the SecyInterior, and directed it to be resumed, and at the very time they directed it to be resumed they held over 30,000 dollars of these people‘s money. If that be justice and they are to have no damages, I cannot quite understand the rule of damages.
The PRESIDING OFFICER, (Mr. ANTHONY in the chair.) The Senfrom Illinois moves that this bill be referred to the Court ofClaims.
Mr. HOWE. I think that direction had better be given to this claim. It will be seen at once that we propose to vote 6odd 1,000 dollars out of the Treasury. If rightfully due to these parties, it is the fault o certain high odicers of the Government. I think they ought to be heard. If not heard here or in the Court of Claims they ought to be sworn somewhere. I do not know that the committee have received from them any exlauation of the conduct which is alleged to have given these contractors a right to recover of us over 60,000 dollars. Certainly? it seemsto me, theyougbt to be heard upon that point. I believe, though I am not prepared to speak so confideutl upon that point as the Senfrom NewHampshire is, because I have not examined the case as closely as he has, this report is mainly but a recitation of what is said in the petition of the contractors. I do not know of any evidence going to show even that the contractors discharged 9.man in 1861. I can conceive it very probable that they did discharge a good many; but I do not know of a particle of testimony in the ease going to show that they could not have completed this whole work in 1862just as well as in 1861. 4
Mr. CLARK. I will inquire of the Senator if he has examined the testimon.
Mr. HOWE. I asked the Senator to refer me to the evidence, but he has not done it.
Mr. CLARK. Because I have not all the paers here.,Mr. HOWE. I asked for it in committee, and did not get it. The Senator said that at the last session these papers were in the hands of another member of the committee. My impression is that at the last session they were in my hands; I gave it some examination, not enough to be able even to report' to the committee upon it; but I do not know of any evidence in the case which ought to satisfy us that this work could not have been done in 1862 just as well as in 60 years. On the contrary, I think there are strong reasons for concluding that these very contractors did a great deal more than the amount of work that would have been required of them to complete this contract. They were carrying on other branches of business which aid large profits. The profits of that kind of pmnnufac turing were constantly going on, and I can conceive, if they were smart business men, as I believe they are, they were ambitions of extending that branch of their work instead of this branch, the price for which was.limited, and limited by a contract made before high prices commenced. In this state of the proof I do submit that this case had better go to the Court of Claims, where parties can be heard by sworn witnesses as we I as by the arguments of counsel.
Mr. CLARK. I find I have the proof here, and sworn witnesses as well.
Mr. TRUMBULL. Cross examined or mere affidavits?
Mr. CLARK. Not cross examined. Here is a great variety of statements proving all the facts set out very clearly.
Mr. POMEROY. I submit to the Senator, as the Senate is very thin, whether the bill had not better he laid aside and let us take a vote on it to merrow. If we have a division, it is manifest to me that we shall have to adjourn.
Mr. CLARK. If anybod is disposed to make any objection becauset ere is not aque rum here, I will move to adjourn, and that will carry the bill ever and make it the order of the do for tomorrow. {In I’OMEROY. Are there not soinc other bills to be acted upon?
Mr. CLARK. We havenothing else but the Armes case.
Mr. TRUMBULL. So far as I am concerned, I shall be satisfied with an expression of the Senators present. If it is manifest that they are not disposed to refer iIt, am willing to let it be acted upon. I shall not call for a division.
Mr. TRUMBULL. If Senators will vote the Chair can decide what the disposition of the Senators present is, whether to refer it or not.
The PRESIDING OFFICER. The question is on the motion to refer this bill to the Court of Claims.
Mr. HENDRICKS. I do not think the Court of Claims is any more competent to examine this case than the committee that has examined it. The labor has been gone through with, and I am not in favor of its reference. It is not entirely clear that it comes within the law.
Mr. TRUMBULL. Witnesses have not been cross examined here. The case is on exparto affidavits entirely.
Mr. HOWE. What is that testimony, I should like to know.
Mr. CLARK. The testimony of the 3 several partners individually as to, those facts, and then agreat variety of other witnesses who swear to it.
Mr. CLARK. To the great variety of facts that go to make up the case. I think there are as many aseight or 9 aflidavits here. I think the facts stated in the report are fully proved.
Mr. HOWE. The Senator says he nds on his table the adidavits of the 3 claimants and 8 or 9 other affidavits. I do not know but that ought to persuade the Senate that the Government owes $62,000!
Mr. DOOLITTLE. In relation to these matters of claims, there is one rule that has always governed me in voting on motions to refer to the Court of Claims. The simple question with me always has been whether it is a case of which they have jurisdiction. If they have, I always vote to refer, because I think the count has better opportunities of examining claims than committees can well have, by the cross examination of witnesses. It is only those cases of private claims of which the court have no juris iction that I am willing to act upon here.
Mr. POMEROY. The Senator must be aware that if we refer it to the Court of Claims that ives them jurisdiction whether they have it umglerthe law now or not.
The PRESIDING OFFICER. The question is on the motion to refer the bill to the Court of Claims. The motion was not agreed to. The bill was reported to the Senate without amendment, orderengross for a 3rd reading, read the 3rd time, and passed. JOSIAH O. ARMES.
Mr. CLARK. I now move to Iproceed to the consideration of the bill (S. o. 16) for the relief ofJosiah O. Armes. I ask the Senfrom Massachusetts, if he is here, to with draw his motion for reconsideration, and let the bill go to the other House.
Mr. CLARK. No, I do not want to reconsider it. The bill was passed and sent over to the House and then brought back for a motion to reconsider. I only want to get rid of the motion to reconsider. The motion to take up the bill was agreed to.
The PRESIDING OFFICER, (Mr. ANTHONY.) The pending question is on the motion of the Senfrom Massachusetts to reconsider the vote by which the bill was passed. The motion was not agreed to.
###HOUSE OF REPRESENTATIVES. Tucson, July 17, 1866. The House met at 12 o'clock ni. Prayer by the Chaplain, Rev. C. B. Bon'roy.
Mr. SPALDING. I move that the reading of the Journal of yesterday be dispensed with. The motion was agreed to. RAILROAD TOPACIFIC OCEAN.
Mr. STEVENS. I move that, by unanimous consent, the ComPacificRR. be discharged from the further consideration of v the bill (S.No.20) entitled “An act grantin lands to aid in the construction of a railroad an telegraph line from the States of Missouri and Arkansas to the Pacific ocean." I desire that it may go to The SPEAKER's table.
Mr. JULIAN. I move that the bill (S.No.257) entitled “An act to regulate the occupation of mineral lands, and to extend the right of preemption thereto, ” be printed. The motion was agreed to.
Mr. JULIAN mtRtv the bill was ordered to be printed; on the table. agreed to. ELECTION CONTEST.
Mr. McCLURG. I desire to announce to the House that the contested election case of Koontz vs. Coffroth wilf be called up as soon as the privileged question now pending shall be disposed of, or as soon thereafter as possible. trust that members will endeavor to read the report before the case comes up. ASSAULT UPON A MEMBER.
Mr. SPALDING. I give notice that I shall demand a final vote on the question of privilege in relation to the assault on a member at 3 o’clock. RATIONS or UNION PRISONERS.
Mr. WARD, by unanimous consent, introduced ujomt resolution in regard to rations of Union soldiers held as prisoners of war. The jomt resolution was read, as follows: Whereasby general order of the WarDept of February 14.135;.rations to Union soldiers held as prisoners of warin the rebel States were commuted at a cost price during the period of imprisonment; and whereasp large number of the said prisoners have beenpaid under said order, but manyequally worthy With them and who have enduredin rebel prisons have not beensopaid: Therefore Be it resolved by the Senate and HoRep.the.That all Union soldierswho wereheld as prisoners of war in the rebel States and who have not received any commutatiqn of rations at a cost price during the periodof their imprisonment: promandyed.That no person who has sold or transferred interestin the claim for commutation shall be benefited by this resolutipn: and no purchaser or assigneoof such claim or interestshall be benefited bpya idthis resolution and that such commutationbe out of any moneyin the Treasurynot othervnse appropriated.
Skip Skip The JtResolution was read a 1st and 2nd time, orderengross and bein engrossed, it was' accordingly read the 3rd time and passed. Mr. WARD mtRtv the JtResolution was passed; upon the table. agreed to. HOUH OF MEETING.
Mr. MORRILL. I ask permission to move that on and after tomorrow the House meet at 11 o’clock. We have either got to have evenin sessions or meet earlier in the day.
Mr. STEVENS objected. LAND TTrLits IN CALIFORNIA.
Mr. BIDWELL, from the committee of conference on the disagreeing votes of the 2 Houses on the hill to quiet land titles in California, submitted the following report, and demanded the previons question thereon: The committee of conferenceon the disazree113 votesof the 2 Houses on the hill (8. NO. 343)"to ulilet land titles in California, " having met.after conference liaye agreedto recommend and do recommend.to their respectiveHouses as follows: That the Senate agree to the amendment of the House, including the 1st proviso of the 10th amendment.asfollows: "Provided. however.That from decreesof the district court. as aforesaid, made after July I. 1865 and prior to the passageof this not. an appeal maybetaken, to the U.S.circuit cour of thestate of California.Within oneyourfrom the approval of this act." but the House recedefrom the 2nd provisoof said 10th amendment;and the HOHSOc.urvesto the same. JSO. HUN. POMEROY. CUNNESS. W. SPRAGUE. Managerson the part of the Senate. J. DIDWELL. o. w. ANDERSON., Manager:on the part o/lhe House.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the report was agreed to. Mr. BIDWELL mtRtv the report was agreed to; on the table. agreed to. MERCHANTS, NATIONAL BANK.
Mr. HOOPER, of Massachusetts, by iinan imous consent. from the Committee on Bank ing and Currenc ', to which was referred a resolution of the oniic for the investigation of the affairs of the Merchants’ National Bank, made a report accompanied by the following resolution, and demanded the previous question thereon:. Rem/oer], That the SecyWar he directed to institute such legul proccedin‘gsas may be deemed necessary for the punishment of the managers of the Merchants' National Bank and others who may have aided and abetted them in committing a hreuc of trust by cm loying the public money intriisted to themfor sat'e coping.on also such proceedings as may be necessaryto recover any portion of said money.
Mr. HARDING, of Kentucky. I raise a question of order. I understand that to be only a art of the re rt.
Mr. HOOPER,0 Massachusetts. I move the acceptance of the report as well as the passage of the resolution.
The SPEAKER. The resolution is before the House for action.
Mr. HOOPER, of Massachusetts. I submit the following resolution = Resolved.That authenticated co ies of all the evidence be transmittedby the Cler of the House to the SecyWar. to be usedand disposedof in such manner as he may deem the public interest requires and after such copies, the evidenceas made here committed to the committee With authority to publish such astheymay deem necessary.
Mr. LYNCH. I desire, if the gentleman will yield to me, to move as an amendment, that all the evidence taken by the committee be tinted.
Mr. HOOPER, of Massachusetts. No, sir, I cannot yield for any such purpose. There are 7 or 800 pages of this testimony, which spread over a great deal of unnecessary matter. I think there are decided objections to its publication. It would make at least 250 printed pages. I think it altogether unnecessary to print it.
Mr. RANDALL, of Pennsylvania. Idesire to say that I was, and still am, in favor of the printing of this testimony, but there seemed to be insuperable objections on the part of the Gentfrom Massachusetts. I am certainly in favor of printing all the testimony.
Mr. HO PER, of Massachusetts. I think my motion covers all that is necessary. it is to reeommit the evidence to the committee and authorize them to print an portion of it that they may deem proper. hat, I think, will cover eve thin.
Mr. HA ‘DING, of Kentuck. Allow me to say a word. It occurs to me that it will avail nothing to refer this matter back to the committee. The ad question is whether the evidence taken by the committee should be ublished or not. Why should it be sent bac to the committee? The only question is whether the evidence taken before the committee shall be published or not. The committee are just i rmwell prepared to decide upon it at once as they ever will be. I think myself that a very. small number of copies of the whole should be ublished, and there is a very good reason for it. The committee was detained for a long time because all its members were not res out. The committee themselves want althe evidence published in full. Every member of the House wants it in full. It is all sworn testimony, and I think it ought to be printed.
Skip Skip Mr. HOOPER, of Massachusetts. I must insist on the previous question. Mr. LYNCH. I hope the previous question will be voted down. The question was put upon 2nding the demandl for the prawns question; and there were ayes 22 noes not counted. So the House refused to 2nd the demand for the previous question.
Mr. LYNCH. I now move to amend the resolution so as to read as follows: Resolved, That the said report of the ComBanking&Currency.togetherwith the testimony taken by the said committee.beprinted and that the said Seeretatry testimony be transmitted by the said Clerk to the of War. to be usedand disposed of in such manner as he may deem the public interest to require. I renew the demand for the previous nestion.
Skip Skip The previous question was secoiide and the main question or cred, being uppn Mr. LYNCH’S motion.
Mr. HOOPER. of Massachusetts. I hope the House will not assent to that amendment.
The SPEAKER. The House is acting under the previous question, and no debate is in order no pass by unanimous consent. Is there objection to the Gentfrom Massachusetts being heard?
Mr. RANDALL, of Pennsylvania. I must object. unless I can be heard in rely.
Skip Skip The question was put; and there wereayes 55, noes not counted. So Mr.‘ LYNcn’s amendment was agreed to. The resolution, as amended, was agreed to. MINING AND MANUFACTURING COMPANY. 'On motion of Mr. INGERSOLL, by unanimous consent, hill of the Senate No. 178. to incorporate the Metropolitan Mining and manufacturing Company, was taken from the Speak er’s table and was read a 1st and 2nd time and referred to the ComDistCol. ASSAULT UPON A MEMBER.
Mr. SPALDING. I now call for the regular order of business. The House accordingly resumed the consideration of the resolutions reported by Mr. SPALDING, from the select committee on breach of privilege, in the matter of Hon. Lovuu. H. Rousseau, of Kentucky, and Hon. Josun B. Giunusim, of Iowa; upon which the Gentfrom NewYork [Mr. RAYMOND] was entitled to the floor.
Mr. WILSON, of Iowa. Does the gentleman pretend to so that I took that position?
Mr. RAYMON. I so understood the gentleman.
Mr. WILSON, of Iowa. I did not do any such thing. I was answering the position assumed by other members of the House. I was merely answering the case presented by gentlemen who had spoken in behalfof Mr. Roussssu.
Mr. HARDING, of Kentucky. Will the Gentfrom Pennsylvania yield to me a moment?
Mr. HARDING, of Kentucky. I desire to inquire whether the amendment which I otfered yesterday is before the House.
The SPEAKER. It is not. The Chair stated distinctly that the gentleman had not power to move an amendment to the amendment at that time. The Chair will state the circumstances as they occurred when the Gentfrom Kentucky e deavored to offer is amendment. The Gentfrom Pennsylvania [Mr. STEVENS] appealed to the Gentfrom Ohio [Mr. Smams'c] to with raw the demand for a separate vote and to have the previous question upon the pending amendment to the amendment. so that when that was disposed of the l Gentfrom Pennsylvania could offer an amendment to the amendment. The Gentfrom Ohio consented to that. He demanded the previous question on the amendment to the amendment and withdrew his demand for a separate vote. When this had i been done the Gentfrom Kentuckyin sisted that he had the right to olfer an amend. ment. The Chair ruled that, as the call for a separate vote had been withdrawn and the previons question demanded at the request of the l Gentfrom Pennsylvania, he had. according to usage, the right to move an amendment to the amendment. He did oTTer such an amendment, and that is now the pending pro position. As it is an amendment to an amendment no additional amendment can be offered at present.
Mr. HARDING. of Kentucky. I understand nfterwards, when the Gentfrom NewYork [Mr. RAYMOND] had the floor, ‘hc yielded to me for the purpose of having my amendment read. The amendment offered by the Gentfrom NewYork [Mr. HALE] has been disposed of.
The SPEAKER. Then the Gentfrom Pennsylvania moved to amend, which is as far as the rules allow, except by unanimous consent.
Mr. HARDING, of Kentucky. The Gentfrom Pennsylvania did not offer any amendment.
The SPEAKER. He did offer an amendment, to strike out the 1st and 2nd resolutions and insert that reported by the minority, which is the pending reposition.
Mr. RAYMOND. wish to inquire whether the motion of the Gentfrom Pennsylvanimoverridcs the privilege of a member to call for a separate vote.
The SPEAKER. It does if it is agreed to; but if it should fail then a separate vote can be taken on the separate resolutions.
Mr. HARDING, of Kentucky. Was'it not. the understanding that we should have a separate vote? the SPEAKER. But the Gentfrom Ohio withdrew his demand for a separate vote for the purpose ofallowing the Gentfrom Pennsylvania to move an amendment.
Mr. HALE. I raise a question of order, whether the motion of the Gentfrom Pennsylvania, being in the nature of a substitute for the substitute proposed by my colleague, it is not now in order to move to amend the amendment of my colleague in the way of perfecting it.
Mr. HALE. My point is, whether it is not in order to move to amend the proposition of my colleague by striking out certain words and inserting certain others, not making a substitute for it but modifying it.
The SPEAKER. It is not; but the Gentfrom NewYork {Mr. RAYMOND] can modify it himself before the vote is taken.
Mr. HALE. I supposed that any motion to amend for the purpose of perfecting the oq'ginal resolution was in order before adopting the substitute.
The SPEAKER. It is a substitute for an entire resolution. If either one was partial in its character then it could be perfected, but they are all of them submitted as a whole, and they cannot be amended by any rule known to the House.
Mr. RAYMOND. Suppose the resolution moved by the Gentfrom Pennsylvania as a substitute for the 1st 2 should be carried, will it then be in order to take a separate vote on the 2nd of the two? TheSPEAKER. Afterthatsubstitute shall have been agreed to no art can be stricken out; buta majority can mid to anything that has been inserted if it is germane to the subjech
Mr. RAYMOND. Then if the resolution moved by the Gentfrom Pennsylvania is adopted and a reprimand issubstituted for exulsion, after that it will be competent for the cues to pass a resolution disapproving of the conduct of the Gentfrom own.
The SPEAKER. It will be cometent for the Houseto add to the language of the resolution, but not to add a separate resolution. It must all be one resolution. No part of what is ordered to be inserted can be stricken out. The Chair will refer to the Digest,)age 11.
Mr. BOYER. Mr. Speaker, if I ind obtained the floor yesterday at the time I sought it, I erhnps should have discussed at some lengthI one or 2 questions involved in this for no excuse for an act no matter case. At this stage of the debate I shall have very little to say. I do not find fault with the committee for having decided that both the Gentfrom Kentucky and the member lrom Iowa were guilty of a breach of the privileges of the House. I do not find fault with them for having recommended that each should receive some punishment at the hands of the House. But deny the justice of the discrimination in regard to the penlaties which they have recommended, and take issue with them upon the doctrine which they proclaim, thatno words can be spoken on the floor of this House which would in any degree excuse the presentment of themin any other place. The degree of provocation which one member receives from another by the use of improper, intem perate, and abusive language must always be taken into consideration when you undertake to judge of the act which it has provoked. You may lay down rules, it is true, which provide y what provocation it may be instigated; but you cannot repeal the laws of human nature; you cannot repeal the sense of honor which regulates theintercourse of gentlemen; you cannot re peal the public opinion which justifies a man for resenting certain gross affronts, whether the act by which he undertakes to enforce his resentment be according to the strict letter of the law or not. In this case I cannot bring my mind to see that the facts
Mr. O’NEILL. Will my colleague yield for a question?Mr. BOYER. Certainly.
Mr. O‘NEILL. Do I understand him to advocate the code of dueling?
Mr. BOYER. No sir; I said nothing to justify the gentleman in drawing any such in erence, and if he waits until I conclude it is very probable the necessity for the question will be avoided.
Mr. O’NEILL. I onlyjudge from the tenor of the gentleman’s remarks that he intended to make that argument.
Mr. HOOPER, of Massachusetts. Iask the gentleman to yield to me for a moment.
Mr. GARFIELD. I will do so. MERCHANTS, NATIONAL BANK.
Mr. HOOPER, of Massachusetts. I move to reconsider the vote by which the House ordered the printing of the testimony accom panying the report of the Committee on Bank in; an Currenc relative to the Merchants’ National Bank 0 this city.
The SPEAKER. That motion will be entered.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. Foiiivnr, its Secretary, announced that the Senate had agreed to the report of the committee of conference on the disagreeing votes of the 2 Houses on the bill (J. No. 145) for a rant of land to aid in the construction of the Northern Pacific railroad and telegraph. The message further announced that the Senate, proceeding, in pursuance of the constitution, to reconsider the bill entitled “An act to continue in force and to amend an act to establish a Bureau for the Relief of Freedmen and Refugees, and for other purposes, ” returned to the HoRep by the POTUS, with his objections, and sent. by the HoRep to the Senate, with the message of the President returning the bill, had repassed the same, 2/3rds of the Senate agreeing thereto. ASSAULT UPON A MEMBER AGAIN.
Mr. RAYMOND. The Gentfrom Ohio yields tome, and I modify the resolution which I have submitted as a substitute by striking out the words “summoned to the bar of the House and be there publicly reprimanded by the S caker, ” and insertin instead the words “an is hereby reprimande;” so that the res olution will read: Resolved.That Hon.Lovsi.L H. Rousseau be and he is hereby.reprimanded for the violation of rights the guilty and privileges of the house, of which hewas in the ficrsonal assault committed by him goon Hon. J. GRINNELL for words spoken in deate.
Mr. STEVENS. Inasmuch as the Gentfrom NewYork [Mr. RAYMOND] has modified his resolution, I modif my motion so as to strike out the 3 resolutions reported by the committee and insert the resolution as origin allylreported by the minority.
Mr. HARDING, of Illinois. Is this sort of debate in order?
“The Speaker. The Gentfrom Iowa had permission to make a personal explanation. If the gentleman raises the question as to personalities tho fili"nirwill decide it.
Mr. Ronssnnu. Shall I be held responsiblefor newpaper reports?
‘The Speaker. The Chair cannot answer that question.
Mr. BANKS. I do not understand that in giving consentto the Gentfrom Iowa. the House gave consentto him to make personal allusions, which are not justified by the rules of the House. “
The SPEAKER. They do not: but it is the rule, as the gentlemanwell knows. having occupied the chair himself. that when leave is granted to a member to make a personal explanation. the Chair does not check personalities.but waits for some member to"makethepoint of order.
Mr. BANKS. I understand the gentleman’sprivi lege to be to state what he regards necessaryto explain his own position. "
The SPEAKER. lt the Gentfrom Massachusetts makesthe point of prdor on the Gentfrom Iowa the Chair Will decideit. "
The SPEAKER. The Chair sustains the point of order and decides that the remarks of the Gentfrom Iowa are personaland out of order.
Mr. GRlNNELL. Mr. Speaker, this is npainflil exposition. But I am not responsible for it. When I make an assault I expect to receive an assault in return. I haveneverassaultedin equals and asso ciates, and thereforeI am not in the habit of receiving assaults in return. I have never risen her to question the integrity or doubt the veracity of any gentlemanon this floor: and but for the fuct that my personal integrity was assailed and that my words were misquotodI would not hsye risen heretoday. I hava alluded to what was said in regardto me. The gentleman remarked that he did not care a fig about. what I said: but when he goes and proclaims the matterinn. great city in the presence of 1000s of people.I concludethat hadoes not rest nltogeihci we I satisfied under the well proven changc of IlilVll] dSetactleasred that he would shoot an officer of the U.S. on duty, under certain circumstances. And ‘tIaHkGinPgtherefmugeme buenrdwerhifuecmsinadin“ewsitkhirtasw, omun’s plop. as a certain other gentleman in rebelrloin went off in disguise. “
The SPEAKER. The Chair thinks the remarks of the gentleman are out of order. “
The Clerk read as follows: " I ‘iissen LIBERTY or Danna In adebate in the French Legislatureon the 16th ultimo, in regard to the system of conscription, a noteworthy passage occurred.
The SPEAKER. M. Glais Bizoin, was urging an adoption of the policyof Prussia and Switzerland. of comtellingonly 2 or 3 years' military sor vie“e'.I baid lic: am convincedthat theillustrious author of the Ideea Napoleom'cnnheaas thesame convictionsnowas wh“enin exile. “The Pussipss'r. M. Glais Bizoin, by e pleased to confine yourself to section 1 of the Ministry of War, Without any digressions. ‘M.Giiiis IZOIN. I am persuaded that the author of the IdeenMipolermicnnen would not Wish to expose himself to have such words applied to him as were addressed the other day by an eminent man to the Spanish minister in the Cortes: “Your political disposition when in opposition is to speuk onlyabout progressand liberty and when you are in power to tre“at as fools all those who bellCYGin your words." "I'be Pussibnivr. M. Gliiis Bizoiu. Istop you and recall you to the question. It is your duty to res out 0 Emperor. [Great applause.] I be: you will return to the question and not again depart from it. [Renewed applause] If yo ugo on I shall consult the bomberto decide it'itwill allow you tocontinue sp“ca in. [EXClillfltlllOIhL] 'M. JULES FAVRE. Then we may as well get our speeches prepared at the palace of the President. “‘The ‘nnsini is'r.I beglVI.Jules Favroto explain his" words which I find very improper. 'M. JUMES Faves. The explanation is simple enough. If ever speaker were stopppdin the exression of his t oughts it would be impossible to 's“cussanythinir. “I‘ho I‘m:sipizxr.The questionis one of propri ety, which should neverbe violated, and of which I am the guardian.’ [Applause] ”
Mr. PALDING. Will mycollcaguc allow me to ask him a uestiou?
Mr. SPALDING. I would as my colleague, ifI rise in my seat to a personal explanation, and go on to say that my colleague from the 19th district SMr. GARFIELD] is a liar, would it not be the duty of
Mr. GARFIELD. I take it for granted it would be.
Mr. SPAI.DING. Would it not be his duty to call to order in all cases of personalities of that sort?
Mr. GARFIELD. I think not in all cases, for this reason: if any member should thus as sail me in the course of debate, I take it that The SPEAKER might call him to order. But suppose the member had arisen and had asked and received unanimous consent of the House to make some personal remarks, and it was understood that personalities were expected when he asked such unanimous consent, then I take it for ranted that while every member here would have a perfect right to call him to order the moment he used such disorderly words, still the custom which has prevailed and which is now established as the rule of the House would be observed, and The SPEAKER would wait for the House itself to indicate its wish in the case, for the House, and not the S caker, gives the unanimous consent. If the house determines that he may proceed, The SPEAKER is overruled in the matter, and the highest authority has given its unanimous consent for personalities.
Mr. SPALDING. I desire to ask my colleague whether the House is over to be presumed to have given its consent, even by implication, that a member may proceed in a iscourteous manner in a personally offensive manner to make his explanation.
Mr. DAWES. After the statements which the gentleman has made, I desire to ask him, by what authority have we then the right to arraign the Gentfrom Iowa 0. 2nd time? If he was arraigned by the House for a transgression of the rules and the House passed on the question, why should we pass upon it again?
Mr. GARFIELD. Mr. Speaker, that question has been so fully, clearly, and ably discussed in the decisio'ii of the Chair that I need not go into it. But I will make this statement: if the words of the Gentfrom Iowa had not been objected to, then his language could not be called in question now. But his words were objected to by 2 members as well asby the Speaker. The words having been objected to be preother business intervened, the case does not come within the rule which exempts the member from liability to be called to account for them. I ask the Gentfrom Massachusetts how it was that after half an hour of angry debate had passed the Gentfrom NewYork [Mr. Hri.nunn] rose in his place and moved that certain charges which had been made and certain words which had been uttered by the Gentfrom Maine [Mr. BLAINE] against the gentleman’s colleague [Mr. CONKIJNG] should be investigated. Under that motion a committee was appointed; and that committee, after a tedious investigation, have reported to this House a resolution of censure.
Mr. DAW IS. If the gentleman will allow me, I will explain the di erenec between the 2 cases. The Gentfrom NewYork proosed to investigate charges which had been am e against a member of the House, not to urrnign the Gentfrom Maine for having tronsgressed the rules of the House. My idea of this matter is that, as the words were excepted to, the gentleman uttering them is ar raigned. In ‘pursuance of that exception and in no other way, can the Gentfrom Iowa be tried. He was arraigned by the exception, and we tried him to the extent which we then thought the offense deserved whether sufficiently or not I do not cure to discuss. But then we passed judgment, and in my opinion we are not at liberty now, when upon rejection we are of opinion at we ought to have passed a different judgment, to nrmign him a 2nd time.
Mr. FINCK. I rise to a question of order. I understand this question was made the other day and disposed of.
The SPEAKER. The Gentfrom Ohio [Mr. GARFIELD] has resumed the floor.
Mr. ALLEY. I wish to say, in connection with the allusion nst made by the Gentfrom Ohio, [Mr. ARFIELD] that a most brutal and unprovoked outrage has just been committed upon an oliicer of this House, and I therefore desire to submit for the consideration and action of this House, at this time, the res olution which I send to the Clerk’s desk.
The Clerk read the resolution, as follows: Resolved.That whereasa violent personalassault has been committed upon the person of. Painter. tRhooaedlse, rbky of the comPostOffice andPost two porsons nowin the custodyof the police officersof thoLupitol. thoSergeant nt Arms is hereh directed to take intohis custodytho assailants and to detain themuntil the further ordersof the House upon the subject.
Mr. STEVENS. I be leave to so gest to the Gentfrom Massachnsetts ‘Mr. ALLEY] that he better name the persons in his resolution, for we can hardly issue a general order of arrest.
Mr. STEVENS. Well, they had better be named in the resolution.
Mr. KELLEY. One of them is named Ben jamin B. Beveridge.
Mr. ALLEY. The other is named Edward Towers. I modify my resolution so as to insert the names of Benjamin B. beveridge and Edward Towers.
Mr. TRIMBLE. I would ask if these parties nre not already in the custody of the officers of the law and is not the law amply sufficient to provide for their punishment. And if they are brought here can we inflict a punishment adequate to the offense which has been committed?
Mr. TRIMBIJ']. I do not know that we have any authority to punish these men, or to keep them in custody onger than this session They are in cus We will see about of Congress, which may terminate in avery few days. Why should we, by the adoption of this resolution, take these persons from the custody of the laws of the country passed by this Congress for the protection of the citizens of this District and bring them here to betried at the bar of this House 2’ I merely make this suggestion to the gentleman. At the same time I do not desire to screen these persons; I do not know anything of them.
Mr. WRIGHT. What evidence have we of the facts mentioned in this resolution?
Mr. ALLEY. I modify my resolution so that it will read as follows: Resolved, That whereasa violent personal assault has been committed upon the person of U. ll. Painter. thoenedlesr, kbyof the ComPostOliicoand Post Benjamin B. Ileveridao and Edward Towers who are now in the custody of the police officeis of the capitolthoScrgoant at Aijmsis hereby directed to take into his custody the assailants and to detain themuntil the further ordersof the House upon the subject: and that a select committee of 5 members heappoiptedby the Speaker whose duty it shallbe to examine into and report the factsin the case.with power to sendfor persons and papers.
Mr. TRIMBLE. Would it not be well fOr us to let the ordinary civil authorities 1st take cognizance of this transaction? We can interfere afterward, if it should be necessary.
The SPEAKER. As the Chair understands, the point is raised that this is not a question of privilege. The Chair rules that it is a question of privilege, which may properly receive the action of the House. ThispHouse has even gone so far as to bring citizens before the bar or disorder in the galleries. If this could he done, then uniiestionably when an officer of the House has icen beaten or assailed within the walls of the Capitol the House has power to take action in the matter. It is a question for the House to determine whether it will exercise this power in the present case or permit it to go before the courts, as sug esteTby the Gentfrom Kentucky, [Mr. annum.] The resolution, as modified, was agreed to.
The SPEAKER subsequently announced the qppointment of Messrs. ALLEY FARNSWORth, muons, J. L. THOMAS, and AFLIN to constitute the select committee provided for in the resolution.
Skip Skip MESSAGE FROM run sass rs. A message from the Senate, by Mr. Fonivnv, it Secretary, announced to the once that the Senate had passed House bill No. 3, to revive the grade of General in the U.S. Army, with an amendment, in which the concurrence of the House was requested. The message further announced that the Senate had agreed to the report of the committee of conference on the is agrceing votes of the 2 Houses on House bill No. 213, making appropriations for the legislative, executive, and judicial expenses of the Government for the year ending the 30th of June, 1867. LEGISLATIVE, ETE., APPROPRIATION BILL.
Mr. MORRILL. This bill, as now reported by the committee of conference, embraces one provision which 'will be in conflict with a bill about to be reported from the ComWays&Means in relation to the pay of the female clerks. I observe that it is proposed to increase the pay of all these clerks from $720 to $900 perannum. The bill which the committee propose to report provides for the classification of these clerks as other clerks are classified. It is found, on inquiry at the Dept, that there is quite as much propriety and justice in having these clerkships divided into different grades with different rates of pay as there is in classifying the male clerks.
Mr. STEVENS. I suggest to the Gentfrom Vermont that if the bill to which he refers should hereafter be passed it will repeal this provision. I understand that it proposes to reorganize the whole Dept. he gentleman must be aware that if we allow the female clerks to be classified, the handsomest nes will receive the highest promotion. angliten] Mr. MORRILL. Some of these female clerks do thrice the amount of work performed by others; and there is no propriety in all receivin the same amount of pay. There are female 0 erks who do as much work as many of the males. M
Mr. STEVENS. We can discuss this question when the bill to which the gentleman refers shall come before us. There is no reason why we should not adopt the report of the committee of conference. The report of the committee of conference, was agreed to. i:
Mr. STEVENS mtRtv the report of the committee was agree to; on the table. agreed to. ASSAULT ON A MEMBER AGAIN.
Mr. JOHNSON. There is no testimony to E that effect.
Mr. HOGAN. Yes, that is in the testiniony. Colonel Penny/baker swears that he came up here at the request of General ROUSSEAU, who had informed him that he had intended to, make this attack upon Mr. GRINNEI.L, but had I riot told him at what time, in what place, or under what circumstances. He followed general Rousseau from this Hall into the ro tunda, and thence out upon the ortico, and was present during the assault as ousssau’s friend. He says he did not intend to interfere in the matter at all unless outsiders had attempted to disturb either of the parties, in which casc' he would have interfered to protect them. But it is said that he had a deadly weapon with him: that be had a pistol in his poc 'ct. So he had, but he explained explicitly that he did not intend to use it under any circumstances unless he himself were personally assailed in protecting these parties from interference by outsiders. These other 2 gentlemen were there also, and it is said that each of them had a pistol. ln reference to Colonel Grigsby, the testimony is that he knew nothing at all about this matter that he had no conception that anything of the kind was going to take place, and that he did not come here at the request of Rousseau or Pennybaker. He came to the House to see his Representative, and then, not knowing that anything particular was about to happen, followed Pennybaker out on the por tiro. How, then, isheimplicated asapartice s. criminis in this matter? It is said he hudpa pistol; and that the fact of his having a pistol with him is primafacie evidence that he in tended to commit adeadly assaulfinpon some body. He carried a little istol in his pocket, a little Deringer pistol. c said that it was about " that long, " taking his finger and meas during upon it. t was about a finger long and had probably not been out. of his pocket for a car.
Mr. O’NEILL. It was long enough to have a ball in it, I suppose.
Mr. HOGAN. Of course it had a ball in it, and the probability is that it had powder in it, too, for the one generally follows the other. But so he has, with at deadly weapon. I heard a gentleman say in reference to such an instrument that if he was paid a certain amount for sho t he would agree to stand 50 feet off and allow a person to shoot at him all day long with such a pistol. I would not like to do it myself because I have adeadly antipathy to all such things, and have never carried one in my life.
Mr. KELLEY. Did the gentleman ever hear anyone say he would be willing to stand of? 6 feet and be fired at all daylong with such a pistol?
Mr. THAYER. I desire to ask the Gentfrom ' Missouri whether he has entirely forgotten that he signed the minority report in this case, and that as a member of the minority he declared that be fully concurred in the very resolution which he now condemns, the resolution requiring that these persons who were accessories to the assault is all be brought to the bar of this House.
Mr. HOGAN. My colleague on the committee will recollect verydistinctly that during the whole progress of tedebate which arose upon this point I took a position analogous to that which I take now. did not feel disposed to make a minority report for myself alone upon this, which I regarded as an incidental point. I was opposed to the action which the committee took and so stated, giving notice that I should take the same ground in the House. I agreed generally to the report of the committee. I' generally prefer to agree to the report of a committee. Vhen I cannot.get all I want, I take all I can get. But, when this question was before the committee, I took decided grounds against this resolution, and I take the same position now. I ask members of the House to point me to any legal principle, or to any provision of the Constitution which will authorize us to bring these gentlemen before our bar for trial, much less for cen sure and condemnation. I do not find any such authority in the general law of the coon, try, or in the rules and usages of this House, or in the Constitution, which is supreme over all.
Mr. SPALDING. I new demand the previous question.
The SPEAKER. The Gentfrom Ohio, [Mr. SPALDING] is now entitled to an hour in which to close the debate.
Mr. SPALDING. I yield 15 minutes to the Gentfrom Pennsylvania, [ML S rizvizivs.]
Mr. SPALDING. I yield 20 minutes to the Gentfrom Pennsylvania, [Mr. THAYER.1
Mr. STEVENS. One single word, with the permission of my colleague. So far as the 3rd resolution with regard to the men who happened to be present instinctively armed, Iliold that this committee has no power or jurisdiction over them, and that the resolution condemning them without being summoned before this House, is an outrage upon them as much as the resolution in regard to the Gentfrom Iowa is an outrage upon him.
Mr. STEVENS. Will my colleague allow me to interru t him a moment?
Mr. STEVENS. I wish merely to have my views properly understood. I ho'ld that the committee had a right to inquire whether the assault was made in consequence of words s oken in debate. But when they had gone t us far they had no right to inquire what those words were, or anything else about it. for they were no palliation of the otfense, and they could not react upon other parties.
Mr. THAYER. I ask the Gentfrom Ohio to give me a few minutes more.
Mr. SI ALDING. I yield the gentleman 5 minutes more.
Mr. RAYMOND. Will the gentleman allow me to ask him one question?
Mr. THAYER. I have but a few 2nd s left.
The SPEAKER. The gentleman has just a half minute.
Mr. RAYMOND. Does it not distinctly appear that Grigsby was not there with any knowledge of the fact that the affray was to take place? I
Mr. THAYER. I am aware that he says so himself, but the evidence will satisfy any bod to the contrary.
Mr. BANKS. The time of the Gentfrom Ohio is not entirely exhausted. I ask him to yield me a few moments.
Mr. SPALDING. Certainly. I yield to the gentleman.
Mr. ELDRIDGE. I make the point of order that the Gentfrom Ohio having closed the debate, and having taken his seat, no further discussion can be allowed. ssso qpgsn.. Jilly I
The SPEAKER. The Chair sustains the right of the Gentfrom Ohio to kee the floor and to yield it till the end of his our. The gentleman has 14 minutes remaining which he yields to the Gentfrom Massachusetts.
Mr. BANKS. Mr. Speaker, it does not belong to me to vindicate the privileges of the House. although I have held service here for several years, some time since; butmy position as a member here would not justiy me in speaking on questions of this character. I therefore did not intend to speak upon it.
The SPEAKE. but me upon the committee in this case, andp I discharged the duties devolved upon me as I could; and but for the suggestion made by the Gentfrom Pennsylvania [Mr. S'rnvsxs] as to the manner in which the committee discharged its duty I should have nothing to say. The decision of
The SPEAKER of this House on the question raised by the Gentfrom Iowa
Mr. WILSON] was as clearly stated, and in my judment as perfectly just as any decision ever made in an parliamentary body. Any other conclusion than that which he stated would have assoiled the records of the House and degraded the parliamentary law of the country. The rule of the Manual which has been sustained as a rule governing members of the House in the ordinary course of business is, that when a question is in debate, and a member oifers remarks upon it, if any exceptions be taken to 'his remarks they must be taken at the time the remarks are made. If the House pass to other business no member has a right to call in nestion the statements that have been made. his is not peculiar to our laws of legislative debate. It is the parliamentary law regulating every proceeding of deliberative assemblies. When The SPEAKER of the House has made a decision, members who take exception to it must do‘ so when the decision is made, an’d if dissatisfied may take an appeal. And yet we have heard the Gentfrom Pennsylvania Mr. S'rs vrzxs declare that he set aside the ccision of The SPEAKER on this question and treated it as if it had not been made and he discussed deliberately the question of order from beginning to end precisely as if an appeal from the decision of the Chair had been pending. Why did he do this wrong 0
The SPEAKER of the House, and trespass and rample upon the rules of this legislative assembl by violating this principle? I will tell you why it was. It was because the question involvin the decision of
Mr. STEVENS. If the Gentfrom Massachusetts will read the resolution, be will find that it amounts to an absolute conviction of these men.
Mr. BANKS. No, sir; I say that the committee were instructed to investigate this whole transaction, and whoever was concerned in it, whether by promeditation or by presence as a.arty, we are bound to report the facts to the louse with our recommendations, leaving the question for the action of the House. I do not care what may have been the language of the resolution instructing the committee. That resolution was certainly not intended by the House to mark out for the committee every step that they should take, every word that they should speak, and every judgment that they should give. The House put its dignity, its rights, its privileges, into the hands of this committee a committee of privilege and instructed it, in its integrity and fidelity, to report to the House its views of this case; and it did so.
The SPEAKER. The hour of the Gentfrom Ohio has expired, and as the previous question has been 2nded and the main question ordered no further debate is in order.
Mr. STEVENS. I simply desire to say to the Gentfrom Massachusetts that he misunderstood my remark. What I meant to suggest to him was that in the resolution of the committee they convict these 3 men and order them to be brought to the bar of the House without their ever having had a hearing.
Mr. THAYER. They are to be brought here that their conduct may be investited.
Skip Skip Mr. WRIGHT. On that I demand theyeas and nnys. The yeas and uays were ordered. The question being taken, it was decided in the negative yeas 35, nays 94, not voting 53; So the amendment of Mr. S'ruvnns was not agreed to. During the roll call, Mr. “ILLIAMS said: I am paired with the Gentfrom Kentucky. Mi“. SMITH. who. suppose, would have voted ay. I would have voted no. Mr. DAWES. My colleague, Mr. BALnwm, is detained from the House by sickness, and has paired with Mr. Dawson. I think my colleague would have voted no. Mr. ANCONA. My collea e, Mr. ‘Cor mom, is detained from the house by sickness. The result having been announced as above recorded, The question recurred on the amendment offered by Mr. priviroim.
Mr. BROMWELL. Is an amendment now in order?
The SPEAKER. Not under the operation of the previous question.
Mr. ROMW LL. How will it be if this is voted down?
The SPEAKER. The question will then recur on the resolution reported by the committee.
Mr. GRIDER. I demand the yeas and nnys. The yeas and nnys were ordered. The question being taken on agreeing to the amendment adored by Mr. Rsriioxo, it was decided in the negative yous 59, nnys 69, not voting 64;. So the amendment was not agreed to. The question recurred upon agreeing to the 1st resolution reported y the committee, which is as follows: Resolved.That Hon'.Lovni.i. H. Rousseau. a Representative from Kentucky. by committing an as sault upon the crsou of Hon. J. B. Gunman. a representative cm the State of Iowa, for words spoken in debate.has Justly forfeited his privileges asa member of this House and is hereby expelled.
Skip Skip Mr. SPALDING demanded the yeas and nnys. The ycas and nnys were ordered. The question was taken; and there wereyeas 72, nnys 51, not voting 59; So (2/3rds not voting in favor thereof) the resolution was not. agreed to. During the roll call, Mr. LONGYEAR said: I was paired 05' upon this question with Mr. 8mm, of Kentucky, but have learned since making the pair that he has been confirmed as Governor of Montana. Territory. If so he has ceased to be a member of the House and the pair is not binding. If any member of the Kentucky delegation will state that he has not resigned his seat, I will still stand by the pair; but otherwise I shallask to have my vote recorded. Mr. WRIGHT. Can the roll call be interrupted in this manner? [‘he SPEAKER. No debate is in order. Mr. HARDING, of Kentucky. Let me answer the question of the Gentfrom Michigan. The SPEAKER. The House is acting under the previous question, and no debate is in order unless by unanimous consent. The Gentfrom ewJersey objects. Mr. WRIGHT. I simply made the inquiry whether the roll call cond be interrupted in this manner. The SPEAKER. That is an objection. Mr. THORNTON. I desire to announce that Mr. MARSHALLlS absent on account of sickness, and has paired upon this question with Mr. oss. The result of the vote having been announced as above recorded, Mr. BANKS mtRtv the resolution was rejected. Mr. ELDRIDGE. I rise to a question of order. Did not the Gentfrom Massechusetts change his vote ‘1 The SPEAKER. He did. Mr. ELDRIDGE. Then he did not vote with the majority. The SPEAKER. He voted with the prevailing side.
Mr. RANDALL of Pennsylvania. Will it not require a 2/3rd vote to reconsider?
The SPEAKER. The rule in regard to reconsideration will be found upon page 164 of the Digest. It is that any member who votes with the prevailing side may move a reconsideration. In answer to the Gentfrom Pennsylvania, the Chair will state that it requires a majority to reconsider. As the House is now acting under the operation of the previous question, the motion to reconsider Will be entered at the Clerk's desk. The question recurred on a reeing to the 2nd resolution reported by the committee, which is as follows: Resolved.That the personal reflections made by Mr. GnisxxLL. a Representativefrom the state of Iowa. in presenceof the House. upon the character of Mr. Rousseau, a Representative from the State of Kentucky. were in V10ation of the rules relatin debate and the privileges of its members ound thereon and merit the disapproval of the House.
Mr. BENJAMIN. I move to lay that resolution on the table.
Mr. BANKS. Would that not carry all the papers with it?
The SPEAKER. It would not, as the House is actin separatel on the resolutions.
Skip Skip Mr. BANKS. call for the yeas&nays on the motion to lay upon the table. The yeas and nnys were not ordered. The question was then taken upon the motion to lay the 2nd resolution upon the table, and it was a eed to. Mr. STEVENS. mtRtv the resolution was laid on the table; upon the table. Mr. LATI AM. I call for the ycas&nays on that motion. The yoas&nays were not ordered. The motion to reconsider was then laid upon the table. The question then was upon agreeing to the 3rd resolution reported by the committee, as follows: Resolved That Charles D. Pennybaker of Kentucky. L. l. Grigsbyof Kentucky and John Mc Grew of Ohio. by their presenceand particiation in a premeditatedpersonal assault between Hon. Mr. ROUSSEAUof hcniucky and Hon. Mr. GRINNELL of Iowa. on accountof words spoken in debate.in which the persons. if not the lives of membersof this House were imperiled.were guilty of a violation obfroitusghrtivileges and they are hereby orderedto be to the bar of this House to answerfor their contemptof its privileges.
Mr. ELDRIDGE. I move to.lay that resolution on the table.
Mr. RANDALL, of Pennsylvania. I would suggest to the Gentfrom Wisconsin [Mr. ELnainau] to withdraw his motion to lay on the table and allow me to move to postpone this resolution.
The SPEAKER. That motion would not be in order without unanimous consent, as the House is acting under the previous question.
Mr. RANDALL, of Pennsylvania. Up to this time neither of the actorsin this affair have been reprimanded or punished in any way, and I think those who were the mere witnesses of the affair oughtto be let off.
Mr. WEN WORTH. I would like to have the yeas&nays upon this motion to lay the resolution upon the table. The yeas&nays were not ordered.
Skip Skip The question was taken upon the motion to lay the resolution on the table; and upon a divisionthere were ayes 54, noes 70. So the resolution was not laid on the table. The question recurred upon agreeing to the resolution.
Mr. HALE. Is it in order to call for a division of the question upon this resolution, as it affects 3 different persons by a process whichin its nature is quasicriminal?
The SPEAKER. this resolution is so framed that it cannot be divided. so as to have each parta substantive proposition by itself.
Mr. WENTWORTH. ical for the yeas&nays upon agreeing to the resolution. The yeas&nays were not ordered.
Mr. PHELPS, (at 15 minutes to 6 o’clock p. in.) I move that the House now adjourn.
Skip Skip The question was taken; and upon a division there were ayes 23, noes not counted. So the motion to adjourn was not agreed to. The question was then taken upon agreeing to the resolution; and upon a division there were ayes 73, noes 43. So the resolution was agreed to. Mr. WENTWORTH mtRtv the resolution was agreed to; on the table. agreed to. Mr. BANKS. I now call up the mtRtv the 1st resolution reported by the committee failed to be agreed to.
Mr. FINCK. I rise to a point of order, that the Gentfrom Massachusetts [Mr. BANKS] not having voted with the majority, has no right to make the motion to reconsider.
The SPEAKER. The Chair has already once decided that question of order.
Mr. FINCK. I desire to say in support of my point of order, that the rule requires that in order to entitle a member to move a reconsideration of any vote, he must have voted with the majority. It is stated that a fair construction of the rule would require that in the case of a tie vote. a membervoting on the prevailing side should have the right to move a reconsideration. But this is not such a case; this was not a tie vote, and the member from Massachusetts voted with the minority.
The SPEAKER. The Chair overrules the point of order. Some member must have the right to move a reconsideration. In this case he certainly could not move a reconsideration, if he voted on the side which did not prevail, for he evidently is not in the constitutional majority on that question. And if the Gentfrom Ohio (liar. Fixex] is right in his point of order, no one can move a reconsideration, for the side which prevailed was in the minority. The usage upon this subject has been uniform, and the Chair is surprised that there are no cases cited in the Digest. But it is plain that an member voting on the prevailing side has the right to move a reconsideration. such has a ways been the practice in Congress, as well as in all State legislative bodies, so far as the Chair is informed.
Mr. BANKS. Idesire to 've notice that if the House shall reconsider this vote by which the 1st resolution failed to be adopted, I shall move as a substitute therefor substantially the resolution reported by the minority of the committee. I now call the previous question on the motion to reconsider.
Skip Skip The previous question was 2nded and the main question or ered; and under the operation thereof the mtR agreed to. The question recurred upon agreeing to the resolution. which was as follows: Remlufd.That lion. Lovrzu. H. Roossmu. a Ropresentiitivefrom Kentucky. by committing upon anassault the person of Hon. ]. Gammon. a Representative from the StateAoi Iowa. fo wrords spoken in debate has Justly forfeitedhisprivilegesasa member of this House and is herebyexpellml.
Mr. BANKS. I move to amend the resolution by striking out all after the word “re solved” and inserting the following, on which I ask the previous question: That Hon. LOW 1U.lI. ltot'sssiiv. a member of this House from the state of Kentucky. be summonedto the bar of the House and beliero publicly reprimanded by The SPEAKER for the violation of its rights and privileges. of which he was guilty in the personal assault committedby him upon the person of Hon J. B. Gaixxstt. a member of this House from the state of Iowa. for wordsspokenin debate.
Mr. ELDRIDGE. I rise to a question of order. I submit that the House has already acted on that precise proposition, and that it cannot now be acted on again.
The SPEAKER. The House has acted on a similar resolution as a substitute for the entire series of 3 resolutions. It is now oifered as a substitute for one resolution. It is therefore a different proposition, and is in order.
Mr. BOYER. I move that the resolution and pending amendment be laid on the table.
Mr. JOHNSON. On that motion I call for the yeas&nays. The yeas and na s were not ordered. The motion of Mr. Boron was not agreed to. The amendment of Mr. Baxxs was agreed to. The question recurring on the resolution as amended, Mr. ELDRIDGE called for the yeas&nays. The yeas and uays were ordered.
Skip Skip The question was taken; and it was decided in the affirmative ayes 89, nays 30, not voting 63;. So the resolution, as amended, was agreed to. During the call of the roll, Mr. ROSS said! On this question' I am ired with my colleague. Mr. MARSHALL. Ifhe were here he would vote no, while I should vote ay. The result was announced as above stated. Mr. BANKS mtRtv the resolution was adopted; on the table. agreed to.
Mr. HALE. Iask unanimous consent to submit the following: Reaolved.That this House declaresthe personal reflectionsmadeby MLGEINNELL. a Representative from the State of Iowa. in presenceof this House. on the day of June last. on the character of Mr. lRuOckUyS.SEAL‘a. Representativefromthe State of Ken to have beenin violation of the rules of the House and the privileges of its members and that this Houso does hereby censurethe said Josui! B. GRIXNELLtherefor.
Mr. MOORHEAD, from the ComManufactures, presented a report on the subject of a protective tariff and moved that the committee be discharged from the further consideration of the subject. The motion was agreed to.
Mr. TRIMBLE asked and obtained leave to present a minority report on the same subject.
Mr. HALE moved that 5,000 copies extra of the minority report be printed. The motion was referred, under the law, to the ComPrintg. ENROLLED BILLS SIGNED.
Mr. TROWBRIDGE, from the ComEnrollBill. reported that the ComEnrollBill iad examined and found truly enrolled an act (S.No.343) to quiet land titles in California; when The SPEAKER signed the same.
Skip Skip MESSAGE FROM THE SENATE. A message was received from the Senate, by Mr. Foasav, its Secretary, informing the House that the Senate had passed the following resolution: Resolved, That the Senateinsists upon its amendments to the bill (H. H. NO. 3%?) making appropriations for the current and contingentexpenses of the Indian dept and for fulfilling treaty stipulations with various Indian tribes for the year ending 30thJune. 1567 disagreed to by the HoRep.disagreesto the amendmentsof the Ilouse to other amendmentsof the Senateto the said bill and agrco to the committee of conferenceasked for by the House on the disagreeingvotesof the 2 Houses thereon. LEAVE or ABSENCE.
Skip Skip Mr. ANCONA asked and obtained leave of absence. Mr. ROGERS asked and obtained leave of absence for one day. Mr. INGERSOLL asked and obtained leave of absence for Mr. Coo: for ten days. And then, on motion of Mr. RANDALL, of Pennsylvania, the House (at 6 o’clock and 5 minutes p. m.) adjourned.
Skip Skip PETITIONS, arc. The following petitions.&c.Wero presented undar thBeyrule and referrrd to the appropriate committees: theSPEAKER: the petitionpi T. I’.Devoreux. of Halifax. NCarolina. for relief. By Mr. EGGLESTON: The petition of the Cincinnati and Memphis Steam Packet Bout Company. rnying authority to elianqothe nameof the steam boat Alice Dean to Glenda e. By Mr. MERUUR: The petition of 2 citizens of Shcshequin.Bradford county. Pennsylvania. asking that the tariff laws may hesoamendedas to protect their labor. By Mr. O'NEILL: A petition of citizens of delphia interestedin mineral lands and minli’nhgila in California. Nevndn.Colorado.Utah. Montana. Idaho, and Arizona. urging upon the HoRep to passSenatebill entitled "An act to legalize the occupation of mineral lands and to extend the right of prcemptionthereto."
@@@IN SENATE SENATE. WEDNESDAY, July 18, 1866. Prayer by the Chaplain, Rev. E. H. GRAY. On motion of Mr. STEWART, and by unan imous consent, the reading of the Journal of yesterday was dispensed with.
Skip Skip PETITIONS AND MEMORIALS. Mr. WILSON presented the petition of S. G. Burbridge, late major general of volunteers, praying for compensation for Daniel Mills, a freedman, who contributed to the defeat of John Morgan by furnishing valuable information to the Union Army, which was referred to the ComClaims. SUBSTITUTE FOR COTTON.
Mr. ANTHONY. I desire to send to the Chair a communication from the Acting comrAg. It will be recollected that 3 years ago an appropriation of $20,000 was made to test the practicability of cultivating and preparing hemp or flax as a substitute for cotton, under the direction of the ComrAg. This fund has been administered by the ComrAg with very great economy and with very good results. Although the process of cottonizing flax, or reducing flax to such a condition that it ma' be spun upon cotton may chiuery, has not eeu attained, and perhaps from the nature of the fiber may never be attained that is a question yet to be settledVery great improvements have been made in the use of flax. It has been a plied to many different articles in which betp known. In some it is equal to cotton; in some it is superior to cotton; in some it is inferior to cotton; but from its greater cheapness it produces a very valuable fabric. The ComrAg states that of the fund of $20,000 c has transferred back $10, 500 to the surplus fund of the Treasury; and in these days when there is a deficiency bill for everything, I thought that so econom ical an administration was deserving of honorable mention. I move that the communication lie upon the table. The motion was agreed to. REPORTS OF COMMITTEES.
Mr. WILSON. I am also directed by the ComMilAffrs , to whom was referred the bill S.No. 87) for the relief of certain volunteer o cers. pointed by the President, to report it back arlrerscly; and as this subject has been acted upon by the Senate, I move the indefinite postponement of the bill. The motion was a eed to.
Mr. WILLEY, from the ComDistCol, to whom was referred a bill S.No. 424) to incorporate the Washin ton emperance Society, of the city of Was ington, DistCol, reported it without amendment.
Mr. MORRILL, from the ComDistCol, to whom was referred a bill H.R.No. 779) to incorporate the Nationa Soldiers’ and Sailors’ Orphan Home, reported it with an amendment. e also, from the same committee, to whom was referred a bill (S.No.333) to incorporate the American Cotton Company, of the DistCol, moved that it be indefinitely post poned; which motion was agreed to. He also, from the same committee, to whom was referred a petition of citizens of Washington, prayin that the judges of the supreme court of the DistCol may be authorized to appoint an additional number of notaries, reported adversely thereon, and moved the indefinite postponement of the subject; which motion was agreed to.
Mr. BUCKALEW, from the select committee on ventilation, submitted a report, with accompanying documents, constituting an examination of the plan of ventilation; which was ordered to be printed. CIVIL APPROPRIATION BILL.
Mr. FESSENDEN. The ComFinance, to whom was referred a bill (H. R. No. 737) making appropriations for sundry civil expenses of the Government for the year endin June 30, 1867, and for other purposes, have directed me to reportit back with sundry amendments, which I wish to have printed so that the bill may be ready tomorrowmorning, when I propose to take it up.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. McPERSON, its Clerk, announced that the HoRep had concurred in the amendments of the Senate to the bill (H.R.No. 3) to revive the grade of General in the U.S. Arm, with an amendment, in which it. requested a concurrence of the Senate. KNROLLED BILL SIGNED. The messagealso announced that The SPEAKER of the HoRep had signed an enrolled bill (S.No.343) to quiet land titles in California; and it was thereupon signed by the President protempore. BILLS INTRODUCED.
Mr. POMEROY asked, and by unanimous consent obtained, leave to introducea bill 8. No. 439) to amend an act is proved June 1, 1866, entitled “ An act for e disosal of the public lands for homestead actua settlement in the States of Alabama, Mississip i, Louisiana, Arkansas, and Florida, ” which was read twice byits title, referred to the ComPubLands, and ordered to be printed. POTOMAC WATER.
Mr. JOHNSON asked, and by unanimous consent obtained leave to introduce a Jomt resolution (S.R.No. 135) relating to the supply of Potomac water to the Capitol, which was read twice by its title.
Mr. JOHNSON. I ask for the immediate consideration of the resolution. I understand that the supply for the last 2 or 3 days has been ultogether inadequate, and it is said to be owmg to the extravagant use of the water in the city below. They are using it in the streets constantly. There is now not water enough in the Capitol to supply the wants of the day. It can be corrected, as it is imagined, by prohibiting, by some regulation which the SecyInterior may authorize, the unnecessary use of the water that is now being made in the city.
Mr. GRIMES. Let the resolution be read for information. The Secretar read the JtResolution, which pronewsto an orize the ComrPubBldg, under the direction of the SecyInteriorfto take such immediate measures as he may think best to cause a constant supply of Potomac water to the Capitol.
Mr. GRIMES. I should be hardly Willing to pass that resolution, in its present form at any rate. The ComrPubBldg may choose to o and build a new aque duct under this restfiution. It gives him unlimited power. I desire to say, in answer to the statement of the Senfrom Maryland, that to my certaip knowledge the policemen are going around this morning notifying the peep e that the must not waste the water as they have been oing the last 4 or 5 days. I know it has been wasted, and the result has been that there has been a deficient supply. Almost every man has had a water works in front of his house, going, some of them, nearly the whole day, and the night besides. But the notification of which I speak has been given this niornin, and la prehend that from this time forwar there will be no difficulty on the subject. But this resolution would authorize the ComrPubBldg to expend an unlimited amount of money.
Mr. JOHNSON. The SecyIn terior was applied to, and I understand said the fault was only to be corrected by enlarging the dam. That cannot be done, for the necessity is an immediate one. Certainly it was not my purpose to authorize the Commissioner or to authorize the SecyInterior to increase the supply of water in the way sogested by the honoralilc member from Iowa. move, however, the reference of the Jtresolution to the ComDistCol. The motion was igreed to. PARK AND PRESIDENTIAL MANSION.
Mr. HENDRICKS submitted the following resolution; which was considered by unan imous consent, and agreed to: Resolved, That the ComPublic Buildings apd Grounds(to whom were referredtwo resolutions of the Senatedirecting them to inquire what tracts of land containing not less than 100 acres adioming or near this city can be obtained and for what priees, for a park and sitefor a presidential mansion, and which shall combine convenienceof access and hoalthfulness.goodwater, and capability of adornment.)be, and the are hereby, authorized to employ a practicul landscape gardener or topo frashical engineer to examine the different tracts of an otfered to the committee for such purposc, who shall repo rto the committee in Decomber next the adaptabilityof cash tract for the ObJOOf contemplated by and resolutions. NAVAL PENSION FUND. On motion of
Mr. GRIMES, the Senate resumed the consideration of the JtResolution (S.R.No. 95) amendatory of a resolution regulating the investment of the naval pension fund, approved July 1, 1864, the pending question bow on the passage of the resolution.
Mr. SHERMAN. I should like to have the resolution read before the vote is taken on its passage.
The Secretary read the resolution, as follows: Be it resolved 1:}: the Senate and HoRep U.S.A. in Congress assemb;ed, but a "A resolutiorn erscogluultaiotinnagptphrooivnevdoJsutlmye1n, 1861 ee, nntaitvleadl pension fund. ”be and the same is hereb, amended so its to require such portion of therai fund as is thereby ordered to be invested in registeredsecurities of the U.S. to be made a permanent loan to the U.S.at 6%.interestper annumin coin, payableontholst day of Januury and tnhoethlisntghdcaryciant July of each year: Provided, That containedshall becoustruedto amend or alter the aforesaid resolution exceptso far as relates to the modeof investment.
Mr. SHERMAN. I think the Senfrom Maine [Mr. Fessnsneu] made some objection to this measure when it was up before. It seems to me the manifest objection is that this is a permanent investment at 6%, payable in gold, when everybody, Itiiiik, contemplates a reduction of the rate of interest. I do not see any substantial use in making a ermauent investment of this character. he Senfrom Maine, who made some objection, is not now in his seat.
Mr. GRIMES. When the Senfrom Maine objected to this resolution the other day, I sudered it to lie until the SecyTreasury came down and urged that it should be passed, and I went with the Asst Secretary to see the Senfrom Maine, and he thought there was no objection to it. The SecyTreasury wants it passed, because he is now carrying 9 or 10 million dollars of this fund as a part of his temporary loan, and he does not like to have its. car there. Under the resolution to whicht is is an amendment, it is provided that the naval pension fund shall be invested in 6%. registered bonds. The SecyNavy now has the authority to require these bonds from the SecyTreasury, or he can take this mone and go intothe market in NewYork and buy ends and hold them as regis tered bonds. There is no particular advantage in his doing that, and, besides, it imposes on him the necessity of providingsafes and vaults to keep the bonds. This resolution provides that the fund shall stand on the books of the Treasury as a permanent fund, without the for mality between these 2 Depts of issuing registered bonds. That is all there is of it. The resolution is drawn by the SecyTreasury, and sent to me through the hands of the Asst Secretary.
Mr. JOHNSON. What is the Whole amount standing to the credit of the Navypension fund?
Mr. GRIMES. About ten millions, I believe. I do not know that there is that amount unin vested, but that is the whole amount.
Mr. JOHNSON. I meant to ask, what is the amount to be invested under this resolution?
Mr. GRIMES. It is several million dollars; cight or 9 millions, I think.
Mr. JOHNSON. I rose for the purpose of asking whether under the resolution the fund in the hands of the Treasury received in currency is to be invested in securities of the U.S., dollar for dollar, to be paid in coin afterwards. If so, that would seem to be making the U.S. pay more than they ought to pay.
Mr. GRIMES. I am not prepared to say how it was received; but I have only this to say, that if the Senator is disposed to drive a hard bargain with the naval pension fund which we have dedicated to a specific purpose for the last 60 years, all that is necessa for the SecyNavy to do is to raw this money from the Treasury and go into the mar ket and buy these 6%. gold bearing bonds.
Mr. GRIMES. At whatever they may be worth. This is simply a fund that is set apart in the Treasury out of which to pay one class of pensioners. It belongs to the Government as a trust fund. It is not proposed to change the rate of interest, either to increase or to diminish it, but to pay this fund standing in the light of a public creditor toward the Treasury, just as we a everybody else.
Mr. JOHNS We do notpay everybody else in the same way. The pensioners are not paid in gold; they are paid in currency.
Mr. GRIMES. We do not pay the pensioners in gold, but you pay everybod to whom you issue one of your 6%. bonds in gold.
Mr. GRIMES. And you have provided by law that 6%. bonds shall be issuedfor this fund. The SecyNavy can tomorrow demand 6%. bonds; but for the convenience of the Treasury, we provide in this resolution that the Treasury shall not be under the necessity of issuing1,000 different $1,000 bonds, but that a mere decla ration upon the statute book shall stand in place of them. That is all.
Mr. JOHNSON. Are they authorized now to invest in 6%. bonds payable in coin?
Mr. JOHNSON. Under the laws as they stand?
Mr. SHERMAN. But they must pay the market rice.
Mr. RIMES. They can demand of the SecyTreasury to issue the bonds. If the Secretary refuses to obey, then, if they choose, they can go into the market and buy them; but it is the duty of the SecyTreasury, as the law now stands, to issue these bonds upon the request of the SecyNavy.
Mr. FESSENDEN. Iwill state what the facts are as I understand them. The law requires that this fund shall be invested in regis tered bonds of the U.S., but it says nothing about the rate of interest. It is the duty of the SecyNavy so to invest it. The difficulty asI understand, is, that the SecyI‘reasury offered him 5%. bonds, but he declined to receive them, and demanded 6%. interest; and the SecyTreasury finally aciiiesced in that being done, as I was informs by the Asst Secretary yesterday, supposing that it did not make any very great difference, as the interest would be probably sufficient to pay these pensions, and the pensions must be pai. These bonds are not in the market, but the money is substantially in the Treasury, us the Senfrom Iowa says. The money could, at any time “'0 direct, undoubtedly be made to bear only 5%. interest, I presume. That would not affect the contract with the parties who are our eusioners. I myselfwaa inclined to think that 5 er cent. bonds ought to be issued, and for that reason I had this matter laid on the table until I could look further into it. I was informed that the SecyTreasury and the SecyNavy had been in consultation about it, and that this very resolution was drawn at the Treasury Dept, and sent here; and so understanding, I came to the conclusion that I would notinterfere with it an further, because fI really cannot see that it may cs any great difference in the end so far as the payment OI interest is concerned.
Mr. JOHNSON. My friendfrom Iowa suggested that I was disposed to drive a hard bar gain with this fund.
Mr. JOHNSON. such an idea was farthest from my thoughts. I desire, however, to inquire if this is not making an investment that will increase the fund. If you invest at at and give bonds that can be sold at 110 it has tlmt effect.
Mr. SHERMAN. They may be 125 before lon.
Mr. GRIMES. We do not propose to have the bonds issued; that is the very purpose of this resolution. As the law now stands, the SecyNavy can demand the bonds and then sell them for 110 or 125 if they should be worth that.
Mr. FESSENDEN. The SecyTreasury can refuse to issue the registered bonds.
Mr. JOHNSON. The fund is not entitled to 6%. bonds.
Mr. FESSENDEN. If the Senfrom Iowa will consent to the postponement of the bill, I will go to the Treasury and consult further in regard to this matter.
Mr. SHERMAN. To enable the Senfrom Maine to look into the matter, I move to postpone the further consideration of this bill; and I desire to take u a bill that will consume very little time and cad to no debate, which must be passed today Senatebill No. 300, common y called the funding bill. I desire to propose certain amendments to it, which, I think, will remove the objections to it.
The PRESIDENT protempore. The Senfrom Ohio moves to postpone the further consideration of the JtResolution until tomorrow. The motion was agreed to. FUNDING 01?Till I NATIONAL DEBT.
Mr. SHERMAN. I now move to take up Senate bill No. 300. The motion was agreed to; and the Senate, as in Committee of the'Whole, resumed the consideration of the bill (S.No.300) to reduce the rate of interest on the national debt and for funding the same, the pendirig question being on the amendment offered by
Mr. VANWINKu I, to strike out all of the 3rd section after the word " least, " in the 7th line, and to insert the following: 90 million dollars. including the saving ofin terest aforesaid.out of any money in the Treasury not otherwise appropriated shall besemi annually applied to the paymentof the interest as it accrues. baynd the reduction of the principal of the said debt. the purchaseor redemption of the said bonds at not exceedingtheir par value. unless a greaterrate is hereafter authorized by law.
Mr. VANWINKLE. I withdraw that amendment to enable the Senfrom Ohio to offer some amendments which he has prepared.
Mr. SHERMAN. I desire to propose certain amendments which have the unanimous sanction, I believe, of the ComFinance, so as to make this bill express their unanimous sentiments. I move to strike out the 3rd section of the hill and to insert in lieu thereof: That in lieu of the sinking fund contemplated by the 5th section of the notentitled “An act to authorise the intro of U.S. gotesandfor there pay mentor fundin thereof.an for funding the outing debt of the U.S." approved February Ea.1932t.hereshall be annually applied to the pay;ment of the principal and interestof the public de the sumof $180,008.”.which sum is herebyap ro priated for that purposeout ofany money not ot or wiso appropriated; andso muchof said sum asis not required to pay the accruing interest on said debt shall be up tedto ththpurohascor palymentof such of the pay in debtas c S shall from time to time direct.
Mr. STEWART. I should like to hear that amendment reported ain.
Mr. SHERMAN. probably I can explain the matter more briefly to the Senator than by having it read. The law of 1862 provides for a sinking fund of 1%. on the amount of the principal of thile debt, the interest on which is computed in round numbers at $160,000,000. In order to simplify the whole sys tem, this proposition proposes to appropriate $180,000,000 for the payment of the interest and principal of the public debt. It is a different form of sinking fund. That is the only material difference. It is an appropriation of a specific sum to be applied anuuall to the payment of the interest and principa of the public debt. A sufficient amount of it, as a matter of course, is to be applied to the payment of the interest, and the balance to the payment of the principal.
Mr. SHERMAN. I propose the followmg amendment to come in as an additional section: Abife:. Thaatll moneyreceived into the Treasury of the U.S. for duties on imported goods shall be specially sot.apart and up plied to the purposesfollognng.to wit: 1st. to the paymentofso muchof the interest of thopublic debt as is payable In com; 2nd to the p out as it matures of the principal of the public obt: 3rd. to the payment of such appropriation by Congress asup rgquired to bepaid in corn: when the amount ofcoin in the Treasury exceeds $50,000.00 th0e excess shall be sold in openmarket in the city of NewYork for U.S.notes.under rules to be prescribed the SecyTreasury and the notes received therefor shall be cancel.
Mr. SHERMAN. In section four, line 7, I move to strike out the word “six” and insert “ four, " so that the notice required for the conversion of the outstanding 7 30 notes shall be 4 months instead of 6 months.
Mr. SHERMAN. I nowmove to strike out the 1st and seconi sections of the bill, which provide for a now can.
Skip Skip The amendment was agreed to. eorotary o the Treasury
Mr. JOHNSON. Has that been submitted to the Secretary?
Mr. SHERMAN. That amendment has been submitted to the Secretary and meets his approval. By it he is bound to keep gold in the Treasury until it amounts to 50 millions. He is bound to apply the gold in the Treasury. 1st, to the payment of the interest of the debt as it matures, payable in coin; then to the payment of sue appropriations as shall he made in coin; and then to the payment of the principal of the national debt as it matures; and when the amount of gold exceeds $50,000,000, he is bound to sell it in open market in the city of NewYork, and 0 ply the excess to the redemption of outstaning U.S. notes and to cancel those notes. The effect will he that if the amount of gold is very largely increased in the Treasury he will apply the excess to the reduction of the currency, and consequently to the contraction of the currency. think this is the only explanation necessary in regard to this bill. be amendment was agreed to.
Mr. WILSON. The bill has been so much changed that I should like to hear it read as it now stands.
Mr. WILSON. I move that the further consideration of the bill be postponed until tomorrow, and that the bill, as amended, be printed.
Mr. SHERMAN. There is no objection to that if anybody wants it done. It will be nocessary to pass this bill tomorrow, if it is to be passed at all, and I give notice that I shall call it up tomorrow.
The PRESIDENT ro tempore. The question is on the motion of the Senfrom Massachusetts. The motion was agreed to. COMPENSATION OF OFFICERS OF SENATE.
Mr. WADE. NO. 411. The motion was agreed to; and the hill (S.No.411) fixing the compensation of officers, clerks, messengers, and others in the service of the Senate, was read the 2nd time, and considered as in ComWhole.
Mr. WADE. I move to amend the bill, in section one, line 12, by striking out the word “ eight” and inserting the word “ nine;” so that it will read, “ 9 clerks in the otiico of the SecySenate, $2, 500 each."
Mr. WADE. I move further to amend the bill in section one, line 18, by striking out “ 500 " and inserting “ 1,000;” so that the clause will read, “page in stationery room, $1,000."
Mr. WADE. In section one, lines 18 and 19, I “ move to strike out the words $2 60 erday” and to insert “ $1.000, ” so that it Wlll read, “page in Secretary’s ofice, $1,000."
Mr. JOHNSON. I do not like to object, but $1,000 for a page is pretty high wages, it seems to me.
Mr. WADE. These are permanent pages, who receive about that sum now perday.
Mr. POLAND. I desire to move an amendment in the 11th and 12th lines of the fi“rst section. The clause as it now stands reads, principal executive clerk, $2, 100.” Imove to amend that by striking out the words “ 2160 ” and inserting “ 3,000, ” so as to make the salary $3,000. I believe that the salaries of the principal executive cleiik and the principal legislative clerk are the same amount now; but the committee have raised the salary of the principal legislative clerk to $3,000, and have left the salary of the principal executive clerk standing as before u' ont egrouiid that there was no corresponding 0 leer in the House. The attempt of the committee was to equalize the salaries of the officers in this branch with the salaries of corresponding officers in the other branch of Congress, but there was no officer in the other branch of congress corresponding to the executive clerk oftbe Senate, and therefore they made no alteration. The duties of this officer have very largely increased of late years, probably more than that of any other officer or employee about the Senate. I have been furnished with some data showing this increased labor. In the 35th congress, the whole number of nominations sent into the Senate was 1,554; in the 36th Congress it was 1, 233; in the 37th Congress it was 8, 938.
Mr. WILSON. Will the Senator read that over again?
Mr. POLAND. In the 35th congress the whole number of nominations was 1,554; in the 36th Congress it was 1, 233; in the 37th Congress, 8, 938; in the 38th congress, 7, 748; and since the commencement of this session the number of nominations that have been sent in is 7, 910, fora part only ofone session.
Mr. WADE. This was, so far as we could learn, an anomalous office, There was nothing in the House to compare it to and of course as we could not equalize it, we left it as it was. The rest otlthe employees, however, have been raised, by this bill), 25%. to make them correspond with the employees of the House generally; and if it is right that the others should be equalized in that way, I have no objection to applying the same principle to this officer.
Mr. FESSENDEN. This amendment would make an increase of more than 25 pero00%.
Mr. WADE. The amendment may carry it too far. It is not in my mind now what that salary was, 9, “,
Mr. WADE. Then it ought to be raised by the addition of 25% to make it. like the others. That would be the same principle that the rest have gone on. I should say it ought to be about 2500 dollars. hat would be applying to it the same principle as has been a plied in the case of the other clerks. 3,000 dollars would be above the gauge which we have gone on with reference to the others.
Mr. POLAND. I inquire of the honorable Senfrom Ohio if the salary of the principal legislative clerk is not now $2, 160, the same as the parincipal executive clerk.
Mr. WAD. The principal legislative clerk gets $2, 160 now.
Mr. POLAND. And that is raised to $3,000 by this bill?
Mr. POLAND. Why should not the salary of the principal executive clerk be raised to t'he same extent?
Mr. WADE. We supposed that the chief clerk ought to have a rather higher salary than the others.
Mr. FESSENDEN. He ishere at the desk always.
Mr. WADE. He is always at the desk, never leaves it a moment; and frequently has the duties of other officers to perform. We thought we fixed his salary at a sum small enough; but we leave it to the judgment of the Senate. The amount we have named is our judgment.
Mr. SHERMAN. I was a little surprised at the statement of my colleague, and have been looking at the law which fixes the compensation of clerks and other officers of the HoRep. I do not find in the law any such compensation as is now proposed to be given to e otfieers of the Senate. I have the annual estimates here before meI and I see that the appropriation for Clerk of the HoRep is $3,600, the same we allow to our Secretary; and for “chief clerk and one asst clerk $2, 160 each.” Their legal compensation is $2, 160 each.
Mr. WADE. My colleague has probabl got the statement prior to the act of the house lately.
Mr. SHERMAN. Now, I will make a statement in regard to that. Some years ago, in order to cut off the practice of the 2 Houses, at the close of the session voting by resolution an extra allowance of 20%. to their clerks and other emploves, a law was passed declaring that neither House should in this way increase the compensation of its officers. [hat is the law. The HoRep, 3 years ago, undertook in violation of the law to increase the pay of the officers of the House. The Senate by an almost unanimous vote contested it, and finally, as a kind of comromise, as the House had commit ted itselfto t repayment, after a long discussion, we allowed that appropriation to pass, to be paid out of the contingent fund of the House, on the express condition inserted in the law, that after that time the thing should not be repeated. Now, they have undertaken at this session, as I understand, to increase the compensation of their employes 25%. in violation of 2 laws, one of which was the result of a comromise; but that res olution of the House will not be regarded by the accounting officers of the Treasury. They have always declared that neither House could raise the compensation of its own employees. It must be done bylaw. The provision or that 25%. increase of compensation of the employees of the House is not a law, nor will an accountin officer allow the money to be pai upon it. t must be sanctioned by a subsequent act of Congress making an appropriation to carry it into effect. That has not condone nor has it been proposed so far as I know. I ask the Senfrom Maine if there is any such provision in any of the bills.
Mr. SHERMAN. So I thought. The compensation of these officers is fixed by the law as in the statement before me in the estimates.
Mr. FESSENDEN. And that is all the appropriation that is made for them.Mr. SHERMAN. Yes, sir. In the estimates it will be seen that the clerks are put at $1, 800. Under the circumstances, when the proposition was made by my colleague to organize a committee to make the salaries of the officers of the Senate equal to those of the House, I was in favor of it, because in regard to some officers of the Senate there is a eti ciency of compensation. For instance, the Sergeant at Arms and Doorkeeper of the senate gets but $2,000, while the same officer of the House gets something more $2, 160, I think. But there isa reason for that. In the House the Ser eant nt Arms is the disbursing officer of the house. He pays the members their compensation and mileage, while here the SecySenate does it, or rather we pay a clerk to do it and allow him $480 extra compensation for that service. It seems to me that if we now raise the salaries of the officers of the Senate by a permanent law the House, as a matter of couise, will raise the salaries of the officers of the House to equalize them with the Senate, and then we shall have the salaries fixed by this bill permanent perhaps.
Mr. WILLIAMS. I ask the Senator if the Sergeant at Arms of the Senate does not discharge the duties of Doorkeeper., 4
Mr. SHERMAN. But he has a very effiicient asst doorkeeper who is called as sistant doorkeeper, but who is really Door kee er. It
Mr. WILLIAMS. There isa distinct salary paid to the Doorkeeper in the House, and another distinct salar to the Sergeant at Arms, while here one an ar pays the Sergeant at Arms for discharing oth duties.
Mr. SHERMA. I‘am not indisposed to give the chief clerk and the principal legislative clerk and the Ser eant at Arms fair and liberal compensationwould say about $3,000. I do not think it is wise now for us to give $2, 600 a ear to the clerks employed in performing uties about the Senate, when most of their duties are discharged simply during the session of the Senate. If this bill is passed we can no longer refuse the application that is made to raise our own salaries. We cannot refuse to raise any salaries if we raise these to the amount proposed by my colleague. Nothing in the worl is so unpleasant as to attempt.to resist or restrain an increase of sal aries to those who are around us and assoncipatd with us, who are always kind and polite to us, and to whom we are naturally attached but it seems to me we on lit to be prepared for the consequences which must result from thislegislation, and we ought to look it fairly in the face. I do not want to say anything more about it. I am willing to give a fair compensation to officers of a permanent character like the Sergeant at Arms, the SecySenate, and others; but I think this bill is rawn on an erroneous principle. It is drawn on the supposition that the resolution of the House passed for this session only, is a part of the law of the land, when it is not. y
Mr. FESSENDEN. I think it should be properly revised and looked into. that we may see what the facts and the law are on the subject. I therefore move that this bill be referred to the Committee to Audit and Control the contingent expenses of the Senate.
Mr. TRUMBULL. I have taken no part in this matter, and am not particularly adVised as to the amount the salaries are proposed to be raised; but I submit to the Senfrom Maine that when the Senate has appointed a special committee for the particular object of looking into this matter and they have made a report upon it the only object for which the committee were raised now to take it from that committee and submit it to one of the standing committees of the Senate is not treating the special committee respectfully.
Mr. FESSENDEN. I did not mean that. I turned around to the Senfrom Ohio before I made the motion and asked him if he had any objection to it, and he said he had no objection.
Mr. TRUMBULL. I suppose his delicacy would not allow him to object. If the bill is to be recommitted, I think it had better be to the same committee that reported it.
Mr. FESSENDEN. The Senfrom Pennsylvania [Mr. BUCKAIJZW] was a member of the committee that reported this bill, and he says he is in favor of referring it to the ComContingent. Expenses. I am perfectly will g to recommit it to the same committee; but it ought to go to some committee. I think it has gone on a misapprehension of facts.
Mr. TRUMBULL. I only suggest to the Senfrom Maine that, where a special committee is raised for a particular object and they makea report upon it, to take their report and submit it to a standing committee, loo s to me to be a sin ilar proceeding.
Mr. WADE. I have no feeling of delicacy about it. I do not care where the bill goes. I know, however, that under the resolution under which we acted, any committee will have to come to the same conclusion at which we ar rived. It was not in our power to say whether these salaries were too high or too low. The bill is based upon the enhanced compensation that the HoRep propose to y their employees. gentlemen say that that ody was not authorized to make that increase and that it will never be aid, and therefore the bill should be amende in that particular, and an equalization made without reference to that proposed increase. If, however, the resolution under which this committee acted is to stand as an instruction, any other committee that considers the subJect must come to the same conclusion that we did. If you wish some other basis ofcompensation adopted, you should give the committee a discretion to fix the compensation as they think it ought to be, or you ought to instruct them to equalize it on the same basis that the respective employees stood before the House resolution.
Mr. FESSENDEN. The difference is, that I propose to equalize with what they are entitled to by law, and not to equalize with what the House tries to ive.
Mr. WILSON. I think that the bill should go to the ComContingent Expenses.
Mr. WADE. I have no objection to its going to that committee, but I am entirely satisfied that we ought to enhance the compensation of these officers. ThatI have no doubt about. The committee, in making this report, had no discretion. The rule for them to follow was prescribed in the resolution under which they were appointed. Take the Sergeant at Arms; his office is an exceediu ly laborious one; he stays here through the whiole vacation, and he has very responsible duties to perform during all that time, for he makes all the purchases for the dept of the business to which he attefils. His duties keep him here in the va cation; he cannot spend it away from here, as can be done by the corresponding officer of the House. But. I shall not resist the motion to refer the bill to a standing committee, and let them fix the compensation as they think it ought to be.
Mr. SHERMAN. I will simply suggest that in referring this bill as either committee they should be relieved from the instructions referred to by my colleague, and it should be committed with instructions to report back a bill prescribing a fair and just compensation to the officers of the Senate.
Mr. FESSENDEN. That is what I intended in making the motion.
Mr. SHERMAN. I would relieve the committee from the instructions of the original resolutions because they may bind them to the scale in this bill, perhaps.
Mr. GRIMES. I desire to say, as I happen to be one of the members of the ComContingent Expenses, that this subject has been under consideration, and the chairman was about to report a bill creating a new officar which they recommend to the adoption of the Senate, who shall be the purchasing agent foi the Senate, to supply such thin s as may be necessar for the transaction of5 our business. As things now are, there are not less than 4 or 5 different persons who buy the same description of articles of different parties and at different prices, at the same time. The Senfrom Ohio [Ma WADE] was kind enough to postpone this bill one day in order to enable the suggestions of the ComContingent Expenses to be prepared to be ! incorporated into his bill, but they have not“ been able yet to prepare their report. If, liow ever, the bill goes over, or is recommitted to the same committee, or is sent to another committee, or lies on the table for a day, I think 5 they will be prepared to make some sugesltions in that ircction. l
Mr. WILSON. I hope the bill will be sent to the ComContingent Expenses: without instructions. I understand that committee have considered the subject pretty carefully.
Mr. SPRAGUE. Before the measure is re. l committed, I desire to propose an amendment l to come in at the end of the last line on page 2 of the bill.
The PRESIDING OFFICER, (Mr. CLARK in the chair.) The Chair will suggest to the Senfrom RhdIsland that there is an amendment alreadyd pendin, but a motion to commit takes precedence on the amendment. An amendment, however, can be received by unanimous consent if the Senator desires it to go to the committee with the bill.
Mr. HOWE. I ask leave to present an amendment to have it printed and referred to the committee.
Mr. FESSENDEN. That can be donFafter the vote is taken on the commitment.
The PRESIDING OFFICER. The amendment can be received by unanimous consent. The Chair bears no objection.
Mr. HOWE. I desire that my amendment may be printed and go to the committee.
Mr. SPRAGUE. I desire the same order to be made in regard to m amendment.
The PRESIDING OFFICER. The Chair bears no objection, and those orders are made. The question is on the motion of the Senfrom iIaine to refer the bill to the Committee to Audit and Control the Contingent Expenses of the Senate. The motion was agreed to. BRIDGES ON THE MISSISSIPPI RIVER.
Mr. TRUMBULL. I move that the Senate now proceed to consider the amendments of the HoRep to the bill (S.No.186) to authorize the construction of certain bridges and to establish them as post roads. The motion was agreed to.
The PRESIDING OFFICER. The ComPostOffices, to whom the House amendments were referred, report in favor of concurring in the House amendments with an amendment. The amendment of the committee will be read.
The Secretary read the amendment, which was to add to the House amendments the following additional sections: Abife: That the StLouis and Illinois Bridge Company, a corporation organized under an act of the General Assemblyof the State of Missouri, aproved February 5 1864, amenilatory and an act oft in same, approvedFebruary 29, 1865, and also confined in its corporatepowersunder an act of the Legislature of the State of Illinois, aproved.1864.0r anyother hridgccoinpanyorganized under the laws of Missouri and Illinois. he, and the same is hereby, empowerodto erect, maintain, and operateii.bridgeacrossthe Mississippiriver betweenthe city ofStLouis, in the State of Missouri, and the city of East StLouis.iu theState of Illinois, subject.to all the conditionscontainedin saidact of incorporation andamendmenttherotoandnotinconsistentwith the following terms and provisions contained in this not; andin caseof any litigation arising from any obstruction or alleged obstruction to the free navigation of said waters the causemaybe tried beforethe disTTicteourt of the U.S.of any State in which any portion of said obstruction or bridge touches. Abife: That the bridge hereby authorized in the precedingsectionto be built shall notbeasuspensionbridgeordraw bridgewith a pivot or other form of draw, but shall be constructedof ccoonntdiintuioonuss, noarmuenlbyr, ofikrestn, spans and subjectto these i. iat the lowestpart of the bridgeat the bottomchord shall notbe lessthan 50 foenedt, above the city directrix at itsgreatestspan: sec that it shall iavo at leastonespan 500 fect in the clear or 2 spans 350 l feetin the clear of aliutinciits; it thctwolnttersnans 3 are used.the one over the main steamboatchannel shall betittyli etabove the cityllirectrix measuredto the lows i partof the bridge: it the center of thespan; 3rd. noman over the wateratlow watermarkshall I be lessthan 200 feet in the clear of abutments.
Mr. TRUMBUHL. I do not know exactly at what stage to offer it, but I desire to offer an amendment to the House amendments. The bill is in this condition: it is a Senate bill which was amended in the HoRep, came back, was referred to t6 ComPostOffices, and we are now considering an amendment which they re art to the House amendments.
Mr. TRUMBULL. I wish to offer another amendment to one of the House amendments.
The PRESIDING OFFICER. That can be done after the amendment reported by the committee shall have been disposed of. The question now is on that amendment.
Mr. TRUMBULL. Section 8 of the House amendments provides for a bridge at Keokuk, to be built by a corporation which has been chartered in Iowa. All the other bridges, it will be seen, are to be built under the authority of the 2 States on the opposite sides of the ississippi river. I wish to amend that amendment so as to have the authority of Illinois as well as of Iowa for the construction of that bridge. There will be no objection to it, I presume. I move to amend te8th section of the House amendments by inserting after the word “company, ” in line 3 of section 8, the words “a corporation existing under the law of the State of Iowa, and the Hancock County, Illinois, Bridge company, a corporation existin under the laws of the State of Illinois, “ ” an then to strike out the word “is” and insert “are, ” so that this section of the House amendments, if thus amended, will read: That the Kookuk and Hamilton, Mississip i. Bridge Company, a corporation existing under Io laws of the btatoof Iowa, and the Hancock County, Illinois, Bridge Company, a corporation existing under the laws of the state of Illinois, be and are hereby. empoweredto construct and maintain a bridge over the Mississippi river between Keokuk, Iowa, and Hamilton, 1] ine is, of the same character. description, and constructonas provided in this act for the bridgesat Quincy and Burlington. The only effect of my amendment is this: the bill as it came from the other House authorized a company chartered in the State of Iowa to erect the bridge I think it ought to say. “and the company chartered by the State of Illinois.” it is so in regard to all the others.
Mr. HOWE. It seems to me the effect of the amendment of the Senfrom Illinois is to authorize 2 distinct companies to do precisely the same thing.
Mr. RAMSEY. It is to do one thing, but subject to the laws of both States.
Mr. TRUMBULL. These 2 companies have to do it together. That is so in reference to all the bridges which are authorized by this act.
Mr. HOWE. I understand the other provisions of the bill to empower single companies, when auth0rized so to do by the adjacent States, to build bridges; but this authorizes 2 distinct coin anies to do the same thing.
Mr. HOWE. It seems to me there must be a conflict of jurisdiction.
Mr. TRUMBUIiL. If the Senfrom Wisconsin will look at the 5th section of the bill he will see that the same provision is there made. That section, in regard to the bridge to be built at Hannibal, provides “ that a bridge may be constructed at the town of Han nibal, in the State of Missouri, across the Mississippi river, so as to connect the Hannibal and Stoseph railroad with the Pike County and Great Western railroads of Illinoisz on the some terms, and subject to the somerestrictions, ” &e. Who is to build that bridge? Of course those railroad companies are to build it the Great Western road on the Illinois side, and the Heinnibal and StJoseph road on the Missouri si e.
Mr. TRUMBULL. It does not.say that they shall build it, but it says a bridge may be built sons to connect those roads, and of course no 3rd parties will come in there to build the bridge.
Mr. BROWN. I send to the Chair a further amendment to the House amendments.
The Secretary read the proposed amendment, as follows: Abife: That any bridge company, being organisedunder the lawsof the States of M issouri and Illinois, be, and the same is hereby empowered to construct, maintain and operate a submergediron tubular bridge across the Mississippi riijcr. betweenthe city of StLouis, in the state of Human, and the city of East StL onisi, n the State soaf idIlln'ine ot is subicctto n llthe conditions CODHUDBd'Hl of incorporation, and not inconsistentWith the provisions of this act. And in caseof any litigation arising from any obstruction or allegedobstruction to the freenavigation of said waters.the cause may be tried beforethe dist ricteourt of the U.S. of any Sgate in which any portion of said obstruction orbridgetouches. Abife:, That any bridge built under the provisions of the precedingsection shall betubular in construction and sunk below the bed of said river, so that the top of said structure shall be below the lowest water line of the Missiminpi nyer, and sothat thesameshall in uowiso interfere with orohstruct navigption whencompleted or prevent a safeand expeditioustransit for all classesof vesselsupon saibrivor during construction. Aral be it flu the)“enacted hat any bridgo erected under the provisions of this act shall be a lawful structure, and shall be recognized and known as a postroute. upon which also no higher charge shall 0 madefor the transmissionover the same of the mails. the troops and the munitions of war of the U.S., than therate permile which the railroad companies terminating at either end receive for such service. Mr. BROWN. Gentlemen around me seem to desire more time to investigate that subject than will probably be permissible at the present time; and as there is a bill covering the same subject matter before the ComPostOffices, I will, at their instance, Withdraw the amendment in question:
The PRESIDING OFFICER. The amendment is withdrawn. The question is on concurring in the amendments of the HoRep, as amended. The amendments were concurred in.
Mr. POMEROY. I move that we proceed to the consideration of Senate bill No. 408.
Mr. HENDERSON. I move to reconsider the vote just taken. I intended to offer an amendment to the House amendments before they were disposed of rather an important amendment, I think. The Chair decided that the House amendments were concurred in before I could rise. I desire that that vote shall be reconsidered.
The PRESIDING OFFICER. The question is on the reconsideration.
Mr. TRUMBULL. I hope we shall not reconsider until we see what the amendment is. The Senator can enter his motion to reconsider, and then let us hear what his proposition is.
Mr. HENDERSON. I suppose I could call for a division any way, but the Senfrom Kansas sprang to his feet the very moment the Chair decide, giving me no opportunity to call for a division before he rose to his feet and addressed the Chair.
Mr. TRUMBULL. Certainly the Senfrom Missouri had a right to call for a division at any time when the matter was pendin; but I presume he was not observing thatte bill passed. The concurring in the House amendments was the end of it. Some little time intervened before another subject was called up. If the Senator will submit his amendment and let us see what it is, perhaps there will be no objection to the reconsideration.
Mr. HENDERSON. I will say to the Senfrom Illinois that I rose nssoonasI could, but the Senfrom Kansas was already on his feet.
Mr. BROWN. I think a reconsideration is a courtesy which ought to be extended to my colleague under the circumstances.
Mr. HENDERSON. I hope the vote will be reconsidered, and then can offer my amendment. The mtR agreed to.
The PRESIDING OFFICER. The question recurs on concurring in the House amendments as amended.
Mr. HENDERSON. I desire to offer this amendment to come in at the end of the 7th ection of the House amendments, as a proviso: Provided, That if the board of engineersauthorized under the laws of the U.S., approved at the present session of Congress, to examiiio the Mississippi river and make report on the subject of bridge constructionthereon shall find, and so ro ort. that elevated bridgesof continuous spans can c constructedandoperatedwithoutgreaterexpense to the companybuildingthem than draw bridges and with less obstruction to navigation, then no draw pgidgo‘shall be commenced or constructed under is ac.
Mr. GRIMES. I raise a question of order as to the admissibility of that amendment at this sta e of the bill.
The PRESIDING OFFICER. The Chair has no question on the point of order. The amendment is admissible.
Mr. HENDERSON. I ask for the yeas&nays on my amendment. The yeas&nays were ordered; and being taken, resulted yeas 14, nays 19; 16. So the amendment was rejected.
The PRESIDING OFFICER. The question is on concurring in the amendments of the HoRep as amended.
Mr. GRIMES. Mr. President, the Senfrom Missouri has told us that the agricultural interests of the country are not represented here on this question. I think he is correct in that. So far as I know, there has been no representation from that body of our population except as their sentiments are reflected by the members of the Senate.
Mr. HENDERSON. Why cannot they go on just as well under my amendment?
Mr. GRIMES. Because bridges 50 feet high are utterly impracticable. Every man who is familiar with the low alluvial bottoms of the Mississippi river, where, in some cases, as in the case where I live, it is 8 miles from the bank of the Mississippi river to the bluff, and on the adiacent si e, in the town where I live, the surrounding level is not more than ten or 12 feet above the water every man knows it is utterly impossible to get the elevation required without utterly destroying the town at ie foot of the bank. The Scria ator‘s amendment that he proposed a little while ago provided that they should investigate the question as to what might be the extra expenditures in the construction of such a bridge; but there was no provision in it requiring them to determine how much might be the loss sustained by the people owning property adjacent to it by having an embankment thrown up 50 or 60 feet to cover the level of the ground where their buildings stand.
Mr. COWAN. Why put the bridge at the town?
Mr. GRIMES. That inquiry shows that the Senfrom Pennsylvania knows nothing abont the topography of the country. The towns are where the roads are required to connect. You have in some instances either got to put the bridge at the town, or else you have got to attain with the rise of the road an elevation of 200 feet to geton the top of the bluff. Let me state to the Senator something of the topography of that country. At the towns on the one side, in all instances in the State of Iowa save one, there is on one side or the other of the river a low alluvial bottom from one to 8 miles wide. Occasionally a bluff is pushed out to the stream, sometimes almost perpendicular. Through this bluff a small creek has forced its way. Adjoining, and on the sides of that small stream and spreading out where it empties into the Mississippi will be a ieee of what is known as bottom land, what in some other portions of the country would be denominated) interval lands. On this 'low bottom land is situated the town, with precip itous bluffs above and below on the river, and quite steep bluffs on the crest. That is the case with several of the towns. The railroads are built following up the stream from the river. To get the required elevation of 50 feet you have to bury up, in some instances, the whole village or cit where you propose to cross. In the city of (Suiucy, where they propose to build one of these bridges, there is a bluifthat approaches the river, and I am not prepared to say that they could not, on one side there, secure a proper elevation.
Mr. COWAN. here are the towns situ ated?
Mr. GRIMES. Generally on the bank of the streams that empt into the Mississippi, and on the low alluvia land on the bank of the Mississippi. Therefore I say that in nearly each one of these instances, certainly in the one with which I am more familiar than any other, in the town where I live, the whole town would be nearly if not quite ruined by an attempt to build a railroad through it with an embankment 50 feet high. And such an embankment would be necessary if the bridge was required to be 50 feet above high water mark. Take the case at Kcokuk. There is a provision nuthorizing the construction of a bridge at Keokuk. You have got to build it accord ihg to this provision or else you have 0t to elevate iIt should suppose 2 liuiidre and {ilrty‘ffeet in order to stri 'e near the top of the u.
Mr. GRIMES. They haven bluff 2 miles, or so on the o posite side, at Hamilton. The Senator would not an pose that they were going to build a bri go the whole distance from Hamilton on the opposite side to Keokuk
Mr. HENDERSON. Let me ask the senator if he is not aware that the Great Pedee and the Santee rivers and various others in the southern States have trestle work and embank ments thrown up for ten or 15 miles across bottom lands.
Mr. GRIMES. I never was on the Santeo or the Pedee.
Mr. HENDERSON. I have crossed them, and I know such to be the fact. The Senator knows very well that these streams have on each side ver wide bottoms, and when the streams rise, the water flows over them to the depth of some ten or 15 feet, and trestles and embankments are thrown up over them, and causeways left for the water to passthrou h. This idea of submerging a town is a new idea to me.
Mr. GRIMES. Mr. President, the illu's: tration drawn from the Santee and the Pedee strikes me as rather far fetched. I never trav eled in that country, but a friend of mine who did travel there told me that he passed over one of these trestle works, and he said that he noticed that it was rickety and ‘arring ver much as they passed. He looked dowa an found on each side negroes standing below with handspikes against the trestles trying to hold the roadway up and keep it steady. [Laughter] I do hope we shall not have our railroads, under the direction and influence of the Senfrom Missouri, built upon any such sys tem as that. Mr. President, the proposition is simply one to postpone and prevent the construction of these bridges. The Senator appeals to us to refuse to make these bridges, because the South is not represented. I apprehend thatif the southern States were represented we should find some of their representativesalittle more liberal on this subject than some of the members here nowmen who would be willin that commerce should seek its legitimate c iannel, no matter in what direction it might go. If there is any bod here who is interested in the navigation of the Mississippi river, then I am. I believe I ought to be as much interested as any man. I have lived on its banks for 30 years. The prosperity of the town I live in and my own has been intimately connected with it. I would do nothing to impair it. But we must have bridges; commerce must be permitted to seek its most profitable direction. We want to maintain both lines of commerce, by the river and by rail without breaking bulk. We are entirely satisfied, as the ComPostOffices was, that the construction of a bridge with a draw 160 feet wide, 40 fect wider than the 2 bridges now built across the Mississippi river will be ample. If found to be otherwise we ivill cause them to be removed, as can be done under the provisions of this bill.
Mr. COWAN. I have no very great disposition to interfere in this matter, but I must confess that the honorable Senfrom Iowa, with all his exact knowledge of the country, did not make the engineering difficulties very clear to me after all, about elevating this bridge sufficient] above the water to save the river. That is the question. The only question is, whether you had not better now at this tim. but in more money and make your brid e ingher so as to save the river. Can that e done? If there are 8 miles of the bottom, and the town should be built upon that bottom, there is certainly room enough for a railroad company to get around the town with its embankment in order to cross the river. If, on the other hand, the town is built on the bluff, as I understand it is at times on either side, then there is no necessity for the embankment there, because the bluff itself is high enough to give them the start from there. WhatI mean to say is that I have avery clear and distinct opinion that the river there is more val uable as a highway than any other improve ment, not even excepting railroads, that could be devised, and I think it would be the interest of all the people living along it that it should be saved from any obstructions of bridges Or an thing else.
Mr. ROWN. When I was up before, I was cut off in the remarks I was making by a fit of coughing. There is one other ting I desire to call the attention of the Senate to, and that is, that the objection which obtains to bridges there in the West is one that affectsas much the width between the iers as it does the height of the structure. ow, the drawbridges, as we all know, can only be made 1/2 of the passage way for vessels thata bridge of a continuous span has; and that is becoming of daily greater importance to us from the fact that the whole course of trade is ehangin on the Mississippi river, and taking the shape of a tug with 6 or 8 barges following after, instead of the ordinary single steamer which formerly plied. That requires greater passage way than even before, and therefore the reason is still greater and still more urgent that we should know exactly what we are doing in regard to these questions oftopograpliy before we pass this general bill. I trust that the senate will concur in the amendment of my colleague, and I should like to have the yeas and na s on the amendment. The eas and na 5 were ordered.
Mr. FESSENDEN. I should like to have the question stated.
Mr. BROWN. It is simply to suspend the construction until we can have a report from our own commissioners on the subject.
The PRESIDING OFFICER. The amendment to the amendment will be again read.
The Secretary read it. It was to insert at the end of the 7th section of the amendment of the HoRep the following: And it is hereby further provided that no draw brid 0 shall be constructedor commencedunder the YBI'GQIVIBIODB of this not before the 1st day of March,
Mr. CONNESS. If this amendment had been offered while the bill was originall under consideratioq, or if it was under considyeration here at another stage, I think I would vote with the Senfrom Missouri for it; but this bill was referred to the ComPostOffices to consider the amendments that had been made by the House; and I do not think that this is the time to add such an amendment as the honorable senator proposes. the question being taken by yeas&nays, resulte yeas11, uays 25; 13. So the amendment was rejected.
Mr. HENDERSON. I understood you to sav so.
Mr. GRIMES. It was the Senfrom Illinois, [Mr. Yarns]
Mr. TR UMBULL. The 7th section of the House amendment ought to be transposed so as to make it the last section. It provides that “the right to alter or amend this act so as to prevent or remove all material obstructions to the navigation of said river by the construction of bridges, is hereby expressly reserved.”
The PRESIDING OFFICER. That will be done, unless there be objection. The Chair hears no objection. The question now is on concurring in the amendments of the HoRep, as amended.
Mr. BROWN. I should like to have the ycas&nays on that question. I desire to record my vote upon it.
Mr. GRIMES. The question is on concur ring in the Senator’s OWn amendment.
Mr. BROWN. No; that is not the question.
The PRESIDING OFFICER. The call for the {can and nnys is withdrawn. '1‘ e amendments of the House, as amended, were concurred in. EQUALIZATION OF BOUNTIES.
Mr. WILSON. I move to take up House bill No. 60.), to equalize the honnties of soldiers, sailors, and marines who served in the late war for the Union. When the bill shall be taken up, so as to be the unfinished business for tomorrow, I will yield the floor to the Senfrom Kansas, Mr. Ponnuovj The motion to ta 1: up the bill was agreed to. DEATH OF HON. JAMES H. LANE.
###HOUSE OF REPRESENTATIVES. Wsnxesnav, July 18, 1866. The House met at 12 o’ clock In. Prayer by the Chaplain, Rev. C. B. Bovxroy.
Mr. OR'I H. I move that the freading of the Journal of yesterday be dispensed with. The motion was agreed to. LEAVE OF ABSENCE.
Mr. WASHBURNE, of Illinois. On account of the state of my health I am constrained to ask leave of absence for the remainder of the session. No objection being made, the leave of ab sence was granted. GRADE OF GENERAL.
Mr. WASHBURNE, of Illinois. I ask the indulgence of the House to take from the Speak er's table House bill NO. 3, to revrve the grade of General, returned from the Senate With an amendment. No objection being made, the bill was taken up, and the amendment of the Senate was read, as follows: That the pay troper of the genoral shall be $400 permonth, and is allowance for fuel and quarters, when his headquartersare in Washington, shall he at the rate of $30oper month, and his other allowancesin all respects the same More allowed to the Lieutenant Generalby the 2nd section of the not approved Februar 29. 1864.entitled "An act reviving the grade of icutennnt General in the U.S.Army.”nnd the chief ofstnii‘ to the Lieutenant Generalshall be transferredand bethe chief ofstaff to the General. with therank. payI and emoluments of a brigadier general in the Army of the U.S.; and the notapprovedMarch 8. 1865.entitled “An act to provide forachiof ot'stuffto the Lieutenant Genera commandingthe armies of the U.S." is hereby repealed; and the said General mayselectfrom the lirrcof thoArmy for serviceupon his staffsuchnumber of aids. not exceedingsix. as he may judge proper who during the term of such such serviceshall one i havctherank. pay, andemol uments of a colonel of cavalry. And it is hereby provided. that in lieu of thestaffnowallowed by law to the LicutenantOoneral. he shall be entitled to 2 aids and one military secretary, each to have the rank. pay and emolumentsof a lieutenant colonel of cavalry da z the tormvof Bushstaffservice.
Mr. WAS BURNE, of Illinois. I move to strike out the words “ the line of” and insert in lieu thereof the words “the regular Army, ” so that it will read, “select from the regular Army.” That was the meaning intended by the mover of the amendment. The amendment to the Senate’s amendment was agreed to; and the amendmentas amended was agreed to.
Mr. WASHBURNE, of Illinois, mtRtv the amendment as amended was agreed to; on the table. MEMPHIS RIOT.
Mr. WASHBURNE, of Illinois. Iask leave to file with the Clerk the report of the committee on the Memphis riot, and that the minority be permitted to present a report. Leave was granted. COMCOMMERCE.
Mr. WASHBURNE, of Illinois. The House was kind enough to grant leave to the ComCommerce when I was unwell to report 2 or 3 bills. I now ask the House to rant that indulgence to the acting chairman o the committee instead of myself. No objection was made. rusnnnns’s nunsan.
Mr. ELIOT offered the following resolution; which was read, considered, and agreed to: Resolved.That the Clerk of the HoRep be directed to present to the secyState the net entitled " An act to continue in force and to amend an act for the relief of freedmen and refugees, and for other purposes "together with the certificates of the Clerk of the HoRep and SecySenate showmg that the said not was passed by a vote of 2/3rds of both Houses of Conness aftertho objections of the Presidentthereto hail been receivnd and after the reconsideration of studapt by both Housesin accordance with the constitution. Mr. ELIOT mtRtv the resolution was adopted; on the table. agreed to. ELECTION CONTEST.
Mr. McCLURG. I presume that the House will be gratified when I say that 5 minutes need not be consumed in the consideration of the election case of Koontz vs. Coffroth. It was the intention of Mr. Coffroth to have addressed the House on the occasion, but yesterda he informed me that he had been indis pose for some days and had therefore made no preparation, and he was compelled to leave the city. He did leave last evening, and he authorized me to state that he was willing to have the vote taken in the case at any time provided leave was granted to him to print a s cech of one hour in length. I ask, therefore, that that leave be given; and also that leave be given to the contestant, Mr. Koontz, to print a speech 1/2 hour in length. And as I have no disosition to unnecessarily detain the House, I asi: that my remarks, not exceeding 30 minutes in length, may be printed. If that be granted I will move the previous question. No objection was made. {The remarks of the gentlemen will be published is the apefndix The Clerk rea the resolutions reported by the committee, as follows: Resolved, That Alexander H. Coifroth is not entitled to a seat in this House as a Representative from the 16th district of Pennsylvania in the 39th Conltress. Resolved.That William H. Koontz is entitled to a seat in this House as a Representative from the 16 thdistrict of Pennsylvania in the 39th Congress.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the resolutions were agreed to. Mr. McCLURG mtRtv the resolutions were adopted; upon the table. agreed to.
Mr. Koontz. Hon. Winuim H. Kooxrz thereupon appeared, was duly qualified by taking the oath rescribed by the act of July 2, 1862, and took is scat.
Mr. RANDALL, of Pennsylvania. I demand the regular order of business.
The SPEAKER. The regular order of business is the call of committees for reports, commencing with the ComDistCol.
Mr. RANDALL, of Pennsylvania. I object to everything else. WITHDRAWAL OF PAPERS.
Mr. DAVIS. I ask the gentleman to yield to me for a moment to with raw some paers
Mr. RANDALL, of Pennsylvania. will yield for that purpose. On motion of Mr. DAVIS, by unanimous consent, leave was granted for the withdrawal from the files of the House of the petition and articles of association of the Evan elical Lu theran StJohn’s congregation of ashington, DistCol. On motion of Mr. McKEE, by unanimous consent, leave was granted for the Withdrawal from the files of the House of the papers 111the case of Chenault & Co. LEAVE OF ABSENCE.
Mr. McKEE. I ask leave of absence for the remainder of the session. No objection was made, and the leave of absence was granted.
The SPEAKER proceeded, as the regular order of business, to call the committees for reports, commencing with the ComDistCol. PUBLIC SCHOOLSIN THE DISTRICT.
Mr. WELKER, from the ComDistCol reported back, with the recommendation that it do ass, bill of the Senate No. 246, relating to the public sch001$ in the DistCol;
Skip Skip upon which he demanded the previous question. So The previous question was 2nded and the main question ordered. The bill was ordered to a 3rd reading, and it was accordingly read the 3rd time and passed. Mr. WELKER mtRtv the bill was passed: upon the table. agreed to. JAIL IN THE DISTCOL.
Mr. WELKER also, from the same committee, reported back, with an amendment in the nature of a substitute, bill of the House No. 124, authorizing the construction ofajail enitentiary, and house of correction in and or the DistCol.
Skip Skip The substitute was agreed to. The bill as amended was then orderengross and read a 3rd time; and bein engrossed, it was accordingly read the thir time and passed. Mr. WEiiKElt mtRtv the bill was passed; upon the table. agreed to. RAILROAD COMPANY.
Skip Skip The substitute was agreed to. The bill, as amended, was then orderengross and read a 3rd time; and bein engrossed, it was accordingly read the 3rd time and passed. Mr. wh‘LKER mtRtv the bill was passed; on the table. agreed to. DISTRICT METROPOLITAN POLICE.
Skip Skip The bill was ordered to a 3rd reading, read the 3rd time, and passed. Mr. WELKER mtRtv the bill was passed; on the table. agreed to.
Mr. INGERSOLL, from the ComDistCol, reported back, with amendments, Senate bill No. 190, to incorporate the DistCol Canal and Sewer age Company. The bill was read. The amendments reported by the committee were to change the names of some of the corporators and to insert at the end of section 17 the words “except in the mode and manner as hereinbefore provided for.”
Mr. INGERSOLL. new demand the previous question on the amendments.
Mr. FTHOMAS. I hope the will not call the previous question witgeonuttlesmomane exlanation about the amendments.
Mr. INGERSOLL. I presume there will be very little explanation required. We have stricken out some of the names of the incorporators and inserted others.
Mr. FTHOMAS. How in regard to the last amendment?
Mr. INGERSOLL The last amendment provides for the condemnation of private or public property in the manner provided by the preceding sections of the bill and in no other we. hy
Mr. FTHOMAS. Will the gentleman allow me to make an explanation about this amend merit?
Mr. FTHOMAS. I declare I cannot tell; about 20 minutes.
Mr. INGERSOLL. This bill has been very thoroughly discussed in the House on a previous occasion, and the gentleman himself has discussed it at great length.
Mr. FTHOMAS. I shall object to anything being said on the part of the Gentfrom Illinois unless he wi lullow meto respond. He calls the previous question and it stops debate.
Mr. ALLEY. Is it in order to move to lay the whole subject on the table?‘
The SPEAKER. Not now, while the Gentfrom Illinois has the floor.
Mr. ROSS. I rise to a question of order. By what authority does the Gentfrom Illinois use the name of the assessor of my district, Mr. Bubeock, in this bill?
Mr. INGERSOLL. By the authority of the committee.
Mr. HALE. I trust the gentleman will correct the grammar of his last amendment before it goes into the bill by striking out the word “as.” It reads “ except in the mode and manner as herein provided for.”
Mr. INGEI SOLL. That is immaterial one wag or the other.
Skip Skip on 2nding the demand for the previous question no quorum voted. Tellers were ordered; and The SPEAKER appointed Messrs. Isosnsou and ALLEY. The House divided; and the tellers reported ayes 50, noes 40. So The previous question was 2nded. Mr. RANDALL, of Pennsylvania. I demend the yeas&nays on or ering the main question. The yeas&nays were ordered. The question being taken, it was decided in the affirmative yen 69, nays 51, not voting 62; So the main question was ordered. The question being upon the amendments reported by the ComDistCol, it was put; and there were ayes 46, noes 38; no uorum voting. Mr. RAN DALtlr, of Pennsylvania, demanded the yeas&nays. The ycas&nays were ordered. The question was taken; and it was decided in the affirmative yous 65, nays 47, not voting 70;. So the amendments were agreed to. Mr. INGERSOLL mtRtv the amendments were agreed to; a on the table. The utter motion was agreed to. Mr. INGERSOLL. I demand the previous question on the passage of the bill.
The SPEAKERl. The morning hour has expired and the bill goes over. ASSAULT UPON A COMMITTEE CLERK.
Mr. ALLEY. I rise to a question of privilege. The select committee to whom was referred the investigation of the assault made yesterday upon U. H. Painter, have instructed me to report in part that no evidence sufficient to warrant the detenton of Edward Towers appears, in the judgment of the committee, and they recommend that he be discharged from the custody of the Sergeant at Arms.
Mr. FARNSWORTH. I merely desire to say that I do not concur in this report, so that when the evidence is published it may not be supposed that I assented to any report of this kin. I think the evidence does sufficiently implicate Mr. Towers to justify us in holding him until a final report shall be made.
The SPEAKER. The committee recommend the discharge of Edward Towers arrested for participation in an assault on the clerk of the comPostOffice of the House. The question is upon discharging Mr. Towers.
Skip Skip The question was put, and it was decided in the affirmative. So it was ordered that Edward Towers be discharged from the custody of the Sergeant at Arms. LEAVE OF ABSENCE. Mr. FABNSWORTH. I ask leave of absence for the rest of the session for Mr. HEN nnnsos, of Oregon, and for Mr. Dnxxr, the Delegate from Washington Territory. No objection was made, and the leave of absence was ranted. The SPEAKER. The Chair asks leave of absence after today for Mr. HALE. No objection was made, and the leave of absence was granted. Mr. DAVIS. My colleague, Mr. MAll VIX, is absent on account of sickness. I ask leave of absence for him. No objection was made, and the leave of absence was granted.
Mr. WILSON, of Iowa. I move to proceed to the business on The SPEAKER’s table for the purpose of disposing of the House bills returned with Senate amendments.
Mr. RANDALL, of Pennsylvania. I call for the regular order.
The SPEAKER. The motion of the Gentfrom Iowa is in order. It would take a gentleman 08' the floor after the expiration o the morning hour, even when he was making a speech. The rule will be found on page 34 of the Digest.
Skip Skip The question was taken on the motion of Mr. will SON, of Iowa, and it was agreed to. COMMITTEE ON RBTRENCHMENT. The House accordingly proceeded to the business upon
Mr. WILSON, of Iowa. I move to amend the last amendment of the Senate by adding thereto the following: And to inquire into all accountsand statements in referenceto the Government debt and the management thereof: and the modeof depositing and keepingthe public money and all accountsrelating thereto.
Mr. HALE. I now call the previous question on the amendment of the Gentfrom Iowa, [Mr. WILSON] and the amendments of the Senate.
Skip Skip The previous question was 2nded and the main question ordered. The amendment of Mr. WILSON, of Iowa, was agreed to. The amendments of the Senate, as amended, were concurred in.
Mr. HALE mtRtv the amendments of the Senate were concurred in; on the table. agreed to. BENICIA AND SANTA CRUZ LAND TITLES. The next business upon The SPEAKER’s table was the amendmenw of the Senate to House bill No. 557, to quiet the title to certain lands within the corporate limits of the city of Benicin. The amendments of the Senate were as follows: Add to the bill the followinp section: Abife:, him.all the right and teiotlrepoorfattche U.S. to the lands within the State of Callii fmorintsia.osftshdeefitonwendi nolt'ShaenateatoCfrtuhze. iLnegtihselature of that State incorporating said town, he and thesamearehereby.relinquishedand grantedto the corporate authorities of said town and their success ors.in trust.for and with authority toconveysomuch of said lands as are in the bonafide occupancyof partiesupon the passageof this act.by themselvesor tenant. to such urtics: Provided. That this grant shall not exten to any reservation of the U.S. nor prejudice any vnlid adverseright or claim. Presuclcuhde exist. to said land or any part thereof.nor any judicial examination and adjustment thereof; and Amend the title by adding theretothe words “and the town of Santa Cruz. in the State of California.”
Mr. JULIAN. I would inquire now much land is surrendered by the amendment of the Senate to the town of Santa Cruz.
Mr. McltUElt. The memorial of the trust ees of the town states thatit is 1600 acres.
Mr. McRUElt. The point is this: thisland has not been considered public land for the last 100 years. It was settled in 1770 as a mission, and about 40 years since it was secularized by an act of the Government of Mexico. This is an oldtown, one of the oldest in the State, and this land has been held as public property for the last 40 years. At the time the U.S. land commissioners sat in California to determine the question between private and public lands, the authorities of the town failed to iresent this claim to the co missioners. and t ierefore it never has been acted upon. Now they come to Congress and ask that the title of the U.S. to so much of the land as is within the corporate limits of the town, which was incorporated by an act of the last Legislature, may be relinquished. This provision is just the same as that we have already passe in relation to the city of Benicia, granting to the trustees of the town the Government title to the lands within the corporate limits, for the benefit of the actual possessors thereof.
Mr. JULIAN. I knew nothing about the facts, and I simply wished a public statement, so that the House may understand it.
Mr. McRUEIt. This matter has been before the ComPubLands, and I am authorized to report a bill to this effect. I now call the previous question on the amendments of the Senate.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the amendments of the Senate were concurred in.
Mr. McltUER mtRtv the amendments of the Senate were concurred in; on the table. agreed to. RAILROAD IN KANSAS. The next business on The SPEAKER’s table was Senate amendment to the bill (H.R.No. 448) entitled “An act to authorize the construction of a railroad through certain land of the U.S. in Kansas.” The amendment was read, as follows: Add at the endof the bill the following: SeTelirnettatrhyis privilege shall beallowed as long as the of War shall in his discretiondetermine and no longer. The amendment was concurred in. CHARLES nunwnn AND COMPANY. The next business on The SPEAKER‘s table was Senate amendments to the bill (H. It. No. 555) entitled “An act for the relief ofCharlcs Brewer &. Co.” The amendments were read, as follows: After the word "Boston “ insert the words "agents for the bark KamehamehaV. in coin." Amend the title. so asto read. “An act for the ra lief of the ownersof the bark KamehamehaV.” The amendments were concurred in. PENSIONS of WIDOWS AND ORPHANS. The next business on The SPEAKER’s table was Senate amendments to the bill (H. It. No. 692) entitled “ An act increasing the pension of w7id, ows and orphans, and for other purposes.
Mr. SAWYER. I move that the House non-concur in the amendments of the Sea ate and ask for a committee of conference. lhe motion was agreed to. RELIEF OF ARMY OFFICERS. The next business on The SPEAKER’s table was Senate amendments to JOIDI. resolution (H.R.No. 101) for the relief of certain officers of the Army. The amendments were read, as follows: In line 3 strike out the words“ and was entitled by law to hemusteredin assuch." In lines 6 and 7 strike out the words “aeeording to theregulations." Insert after the word “days."in line 7, the following words: “from acceptance of appointment or actual entry upon duty and who. i not killed in battle. Was afterward regularly mustered intotheser vice of the U.S." er the word “ emoluments."in line nine. insert the words“ of his rank." At the end of the resolution add a new section as follows: Abife: That the heirs or legal representatives of an officerwhosemusterinto serviee has beenor sh I be amended herebyshall be entitled to receive the arrearsof pay due such officer or the pension provrded by law for the gradoiii to which such officer is musteredunder the provisions of the 1st section of this resolution.
Mr. SCHENCK. I move that the House non-concur in the amendments of the Senate, and ask the appointment of a committee of conference. The motion was agreed to. U.S. SUPREME COURT. The nem business on The SPEAKER’s table was Senate amendment to a bill (H.R.No. 334) entitled “An act to fix the number of judges of the SCOTUS, and to change certain judicial circuits.” The amendment of the Senate was read. It proposes to strike out all after the enacting clause and insert a new bill. The substitute proposed by the Senate provides in the 1st section that no vacancy in the office of associate justice of the Supreme Court shall be filled by appointment until the number of associate justices shall be reduced to 6; and thereafter the Supreme Court shall consist of a Chief Justice and 6 associate justices, any 4 of whom shall be a quorum. It is further provided that the court shall hold one term annually at the seat of Government, and such adjourned or special terms as it may find necessar for the disatch of business. The seconsection of the substitute provides that the 1st and 2nd circuits shall remain as now constituted; that the districts of Pennsylvania, NewJersey, and Delaware shall constitute the 3rd district; that the districts of Maryland. WestVirginia, Virginia, NCarolina, and SCarolina shall constitute the 4th circuit; that the districts of Georgia Florida, Alabama, Mississip i, Louisiana, an Texas shall constitute the tilt circuit; that the districts of Ohio, Michigan, Kentucky, and Tennessee shall constitute the 6th circuit: that the districts of Indiana, Illinois, and Wisconsin shall constitute the 7th circuit; that the districts of Minnesota, Iowa, Missouri, Kansas, and Arkansas shall constitute the eighth circuit; and the districts of California, Oregon, and Nevada, shall constitute the 9th circuit.
Mr. WILSON, of Iowa. I demand the previous question on concurring in the amendment of the Senate.
Mr. RANDALL, of Pennsylvania. I desire to know whether the bill has ever been to the ComJudiciary of the House.
Mr. WILSON, of Iowa. It originated with the House committee, and we are satisfied with the amendment of the Senate.
Mr. RANDALL, of Pennsylvania. So far aa the records of Congress show, the gentleman's statement is not borne out.
Mr. WILSON, of Iowa. I call for the previous question.
Mr. RANDALL, of Pennsylvania. I ask whether this is the House bill.
The SPEAKER. It is the House bill with an amendment by the Senate.
Mr. RANDALL, of Pennsylvania. I hope the previous question will not be 2nded, and that this question will be fully discussed in the House.
Mr. HALE. I wish to inquire of the Gentfrom Iowa whether the ComJudiciary have considered this amendment.
Mr. WILSON, of Iowa. This amendment has not been formally before the committee. but the members of the committee have consulted about it and a majority of them recommend concurrence.
Mr. RANDALL, of pennsylvania. Consulted where? It is not a report of the committee.
The SPEAKER. The Gentfrom Iowa does not claim that it is a report of the committee.
Mr. RANDALL, of Pennsylvania. Then it certainly ought to be reported from the committee.
Mr. SPALDING. Is this the bill which forms the new districts?
Mr. SPALDING. And puts Michigan, Ohio, Kentucky, and Tennessee into one district?
Mr. WILSON, of Iowa. The Clerk will please read in regard to that.
The Clerk read the clause declaring that the States of Ohio, Michigan, Kentucky, and Tennessee shall constitute the 6th circuit.
Mr. SPALDING. I‘liope that will not be agreed to without allowing some discussion.
Mr. WOODBRIDGE. Will the Gentfrom Iowa allow me a word?
Mr. WOODBRIDGE. I simply wish to say that I am opposed to the bill atpresent; If the bill to reorganize the judiciary should pass the House, then I might possibly be in favor of this bill, but unless that does pass it seems to me it would be very unwise for us to adopt the provisions inserted by the Senate.
Mr. ELDRIDGE. I ask that the States composing the 7th circuit be read.
The Clerk read the clause declaring that the States of Illinois, Indiana, and Wisconsin shall constitute the 7th circuit.
Mr. WENTWORTH. I ask the Gentfrom Iowa if this bill abolishes the judge whose appointment the President sent to the Senate the other day.
Mr. WILSON, of Iowa. This is a bill which, passed the House before any nomination was may e.
Mr. WENTWORTH. Does it abolish the ncwjudgeship 'I
Mr. WILSON, of Iowa. It abolishes the new judgeship, and provides for the reduction of the number of Judges, as vacancies may occur, to 6. I know that a number of the members of the Supreme Court think it will be a vast imrovement.
Mr. WRI ‘HT. Where does the gentleman get his authority for the reduction of the number of judges?
Skip Skip Mr. lVIfiSON, of Iowa. I demand the previous qu'estion. On 2nding the demand for the previous question there were ayes 53, noes 40. Mr. SPALDING. demand tellers. Tellers were ordered; and The SPEAKER appointed Messrs. SPALDING, and Wilson ofIowa. The House divided; and the tellers reported ayes 66, noes 29. So The previous question was 2nded and the main question ordered. Mr. RANDALL, of Pennsylvania. Idemand the yeas&nays on agreeing to the amend ment of the Senate. The yeas&nays were ordered. The question being taken, it was decided in the affirmative yeas 78, nays 41, not voting 63; So The amendment was agreed to. Mr. WILSON, of Iowa, mtRtv. agreed to; on the table. agreed to. CORRECTION OF THE JOURNAL.
Mr. ALLEY. I rise to a question of privilege. I find my name recorded in the 'lobe as not voting on the question of the expulsion of Hon. Mr. Rousseau. I was present and voted in the affirmative, that is, in favor of his exulsion.
The SPEAKER. The Journal also has the same record. It will be corrected accordingly. AGRICULTURAL COLLEGES. The next business on The SPEAKER’s table was House bill No. 50, to amend the 5th section of an not entitled “ An act donating public lands to the several States and Territories which may provide colleges for the benefit of agriculture and the mechanic arts, " approved July 2, 1862, so as to extend the time within which the provisions of said act shall be accepted and such colleges established, returned from the Senate with amendments. The amendments, which were of a verbal character, Were agreed to. REGISTERS OF VESSELS.‘ The next business on The SPEAKER’s table was House bill No. 727, declaratory of an act entitled “An act authorizing the SecyTreasury to issue registers to vessels in certain cases, ” it proved February 10, 1866, returned from the Senate with amendments. The amendments, which Were of a verbal character, were agreed to. TERRITORY OI‘ MONTANA. The nextbusiness on The SPEAKER’s table was House bill No. 466, erecting the Territory of Montana into a.surveying district, and for other purposes, returned from the Senate with amendments. The amendments were reported.
Mr. ASHLEY, of Ohio. I move to concur in the amendments of the Senate. The motion was agreed to ayes 65, noes not counted‘ ISAAC RANNEY. The next business on The SPEAKER’s table was House JtResolution No. 119, for the relief of Isaac Ramsey, internalrevenue collector for the 8th district of Ohio, returned from the Senate with an amendment. The amendment of the Senate was to strike out “ Ramsey, ” wherever it occurs, and insert “ Ranney. ”
Skip Skip The amendment was agreed to. BARK MARIA HENRY. The nextbusiness on The SPEAKER’s table was House bill NO. 618, for the relief of the owners of the bark Maria Henry, returned from the Senate with an amendment.
Mr. WASHBURN, of Massachusetts. I move that the House concur HI the amendment. The motion was agreed to. WILLIAM H. WHEELER.
The SPEAKER. The last business on The SPEAKER‘s table, of the kind covered by the order of the House, is the Senate amendment to the House bill No. 695, for the relief of william H. Wheeler, of Bangor, Maine. The amendment of the Senate was to add to the bill the following: With a good and sufficientbond. with securityto be approvedb the SecyTreasury, to in domnify the U.S. a pinst all less.cost, or aindigesincurred by reasono issuingsaidduplicate on s. MLWASHBURN, of Massachusetts. I move that the amendment of the Senate be concurred in, and upon that motion I call the previous question.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the amendment of the Senate was concurred in. Mr. LAWRENCE, of Ohio. mtRtv the various votes by which the amendments of the Senate were concurred in; upon the table. agree to. ELECTION OF U.S. SBNATOBS.
Mr. WILSON, of Iowa. I ask unanimous consent to take from
The SPEAKER’s table for consideration atthis time, Senate bill No. 414, to regulate the time and manner of holding elections for Senators in conress.
Mr. RANDALL,0f Pennsy vania. I object. PrOVOST MARSHAL GENERAL’S BUREAU.
Mr. SHELLABARGER. I wish to an nounce to the House that on tomorrow, after the expiration of the morning hour, I will ask the House to proceed to the consideration of the question 0 privilege arising between Hon. Roscos Coxxuxo and Provost Marshal GenlFry. The evidence in the case will be laid upon the desks of members tomorrow, and I would like to ask their attention to it so that We may consume as little of the time of the House by discussion as possible. RICHARD W. MEADE, DECEASED.
Mr. WOODBRIDGE. I ask unanimous censent to take up for consideration by the House at this time Senate JtResolution No. 89, to refer the claim of the administrator of Richard W. Meade, deceased, to the Court of Claims. It passed the Senate unanimously, and I presume it will pass the House without objection. Mr. SPALDING. I object. PROTECTION OF THE REVENUE.
Mr. HARDING. of Kentucky. I rise to a point of order, and inquire whether this bill should not, under the rules, be considered in ComWhole.
The SPEAKER. The House dispensed with the consideration of the bill in ComWhole. The gentleman will find by refer ring to the Globe that the bill was by unanimous consent made a special order in the House;
Mr. WILSON, of Iowa. I desire to know from the chairman of the committee what necessity exists for the enactment of the 7th section.
Mr. MORRILL. I have already explained that the section is designed to provide for the repayment of money erroneously paid for customs.
Mr. WILSON, of Iowa. I would like to kpow whether there are now any cases of that in.
Mr. WILSON, ofIowa. It seemsto me that under that statement this is only a convenient way of paying claims against the Government of the U.S. Here are parties who, it is alleged, have paid money in excess of what was due to the Government; and this section enables the SecyTreasury to pay to those persons the money which they are claiming without having their claims investigated by Congress. It does seem to me that that is a provision that ought not to be put into a tariff bill.
Mr. PIKE. I ask the Gentfrom Ver mont to allow me to Olfer a proviso to the 4th Section providing for a duty of one cent perpound on cod fish.
Mr. MORRILL. I cannot yield for that purpose. I am fully aware that the bill now contains all that we can hope to have passed in the Senate.
Mr. PIKE. This subject was under the consideration of the House.
Mr. MORRILL. There are very many subjects which sadly need our action at this session, and which I would have been glad to have included if we could have had our own way in this bill, wool for instance; but I am informed by members of the Senate, who are authorities on the subject, that it is entirely useless to include anything on such subjects, and that if we do include them the bill will be coldly laid aside until next December.
Mr. MOORHEAD. I would like to include iron too.
Mr. PIKE. I desire with the permission of the Gentfrom Vermont, to call the attention of the House to section 4 of the bill, repealing the fishing hounties. I know that a great many members of the House will rest easier when they learn that the fishing bounties are already really repealed.
Mr. MORRH.L. The only other section of importance, or to which I deem it necessary to call the attention of the House, is the last section, providing for a Bureau of Statistics. This is or the use and benefit of this House, and will, Itrnst, have no opposition. And now, Mr. Speaker, as these sections have all or very nearly all already beenactedupon by the House I move the previous question on the bill an amendments.
Mr. BINGHAM. I hope the gentleman will a'llow me to offer an amendment.
Mr. BINGHAM. Then I hope the House will not 2nd the demand for the previous question, and I call for tellers on the 2nd. Tellers were ordered; and MessrsnMonmu and BX‘SGHAMwere a pointed.
Skip Skip The House divide; and the tellers reported ayes 68, noes 25. So
Mr. SPALDING. Is it in order to move to Bostpone this bill until the 1st Monday in ecember?
The SPEAKER. It is not in order, the previous question havin been 2nded.
Mr. SPALDING. that is what the Senate will do with it. The main question was then ordered to be plit.
Mr. LEBLOND. I would like to hearfrom the chairman of the ComWays&Means some explanation of the 8th section of the bill.
The SPEAKER. The Gentfrom Ver mont is entitled to an hour to close the debate, and can explain it ifhe pleases.
Mr. MORRILL. Mr. Speaker, I do not wish to discuss the general subject. In relation to the 8th section of the bill, I repeat, as I have alrcad stated, that collectors ofinternalreve nue wh10have collected money as the tax upon cotton, are in some instances prosecuted in the State courts for the recovery 0? that money, and the courts are receiving such suits. This section merely transfers those suits to the U.S. courts. I do not desire to discuss the bill any further.
Mr. SCHENCK. I rise to a privileged question. I move to reconsider the vote by which the main question was ordered, as the Gentfrom Vermont will not permit us even to have our amendments read.
Skip Skip Mr. MORRILL. I move to lay the motion to reconsider upon the table. The question was put; and there werHyes 60 noes 45. So the motion to reconsider was laid upon the table. '1 The amendments reported by the ComWays&Means were then agreed to. The bill was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time. Mr. MORRILL. I now demand the previous question on theymssage of the bill.
Mr. STEVENS. I move to lay the bill upon the table. There has been no opportunity to offer amendments at all, and I do not wish such a bill passed.
Skip Skip Mr. LEBLOND. I demand the yeas&nays on the motion of the Gentfrom Pennsylvania. The yeas and uays were ordered. The question was taken; and itwas decided in the negative yeas 33, nays.82, not voting 67; So the House refused to lay the bill upon the la e.
Mr. LEBLOND. Is it in order to move to postpone the bill to a day certain?
The SPEAKER. It is not, because the House is actin r under the previous question.
Mr. LEBLONH. This bill proposes to upset a great many laws, and ought not to be passe in a iurry.
Skip Skip The previous question was 2nded and the main question ordered, being upon the passage of the bill. Mr. LEBLOND demanded the yeas&nays. The ycas&nays were ordered. The question was taken; and it was decided in the atIirmative yeas 87, nays 36, not voting 59;. So the bill was passed. Mr. GARFIELD mtRtv the bill was passed; on the table. agreed to. ADJOURNMENT of CONGRESS.
Mr. DELANO. I rise to a question of privilege. I submit the following resolution, upon which I call the previous question: Resolvedbythe Senate and HoRep. That the President of the Senate and Speaker of the HoRepbe authoris to close the Blaine, Blow. Brandegee, presentassist: by allotmhiifioirmmttvo Heals on the 25thday of July, at 12 o’clock in.
Mr. ASHLEY, of Ohio. I move to lay the resolution on the table.
Mr. INGERSOLL. I hope the motion to lay on the table will be agreed to.
Mr. FARNSWORTH. I rise to a question of order, that this resolution is not a privileged question.
The SPEAKER. A resolution for the adj ournment of Congress is always regarded as aprivileged question when the House is not engaged in the consideration of other business.
Mr. DELANO. I call the yeas&nays on the motion to lay the resolution on the table.
Mr. MORRILL. Will the Gentfrom Ohio [Mr. Dsnwo allow me to movetoamend his resolution by a ding that the House here after meet at 11 o’clock a.m.?
Mr. ASHLEY of Ohio. Make that a separate resolution.
Mr. DELANO. At the suggestion of some friends, I modify my resolution so as to read “23d, ” instead of “ 25th; ” and that hereafter the House will meet at 11 o’clock a.m.
Mr. DAWES. We do not want a concurrent resolution for that.
Mr. JOHNSON. I rise to a point of order, and that is that the last clause of the resolution, as modified by the Gentfrom Ohio, [ML Dunno] relating to the hour of daily meeting of the House, is not a question of privilege.
The SPEAKER. The Chair. sustains the point of order; that portion is not a privileged question.
Mr. DELANO. I Will Withdraw all my modifications, and submit the resolution in its original form.
Skip Skip The question recurred upon the motion of Mr. Asuuzv, of Ohio, to lay the resolutionpn the table. Mr. DELANO called for the yeas&nays. The yeas&nays Were ordered. The question was taken; and it was decided in the negative yeas 62, iiays 78, not voting 52;. So the resolution was notlaid on the table.
Mr. DAWES. Will the Gentfrom Ohio [Min Dsuxo] yield to me that I may move an amendment to strike out “ the 25th and insert “the 23d?”
Mr. DELANO. I am willing that the sense of the House shall be taken on the proposition; and I ield for that amendment.
Mr. DAWtS. I move to amend the res olution by striking out the word “ 5th " and inserting in lieu thereof the word “3rd;” so as to provide for an adjournment on the 23d of this month.
Mr. DELANO. I now renew the call for thenprevious question.
Mr. ASHLEY, of Ohio. Would it be in order Mr. Speaker, to move that the resolution be referred to the ComWays&Means? The SPEAKEI‘. It will be, if the previous question should not be 2nded.
Mr. SCI IENCK. I move that the resolution and the lpending amendment be laid on the table; an on the motion I demand the yeas&nays. I want it to be seen by the record who are ready to stand by their posts and who are not.
Skip Skip The yeas&nays were ordered. The question was taken; and it was decided in the negative yew 56, nays 75, not voting 51; So the House refused to lay on the table the resolution and pending amendment. The previous question then recurred on agreeing to the amendment of Mr. Dawns, to strike on! “the 25th” and insert “the 23d." Mr. BROMWELL. I call for the yeas and na 5. 1‘he ycas and na 5 were not ordered. On agreeing to the amendment there wereayes 50, noes 60. The SPEAKER voted in the negative; and the amendment was not agreed to. The question recurred on agreeing to the resolution. Messrs. FARNSWORTH andingERSOLL called for the yeas&nays. The yeas&nays were ordered. The question was taken; and it was decided in the aflirmative yeas 77, nays 67, not voting 48;. So the resolution was adopted. During the roll call,
Mr. ROSS said: Is it in order now to have the resolution of the caucus rend ‘? [Laughten]
The SPEAKER. It is not in order to interrupt the roll call after a response has been made.
Mr. LEBLOND. My colleague [Mr. Fixex] is detained at his house by illness.
Mr. INGERSOLL. I desire to change my vote for the purpose of reconsideration.
The SPEAKER. The Gentfrom Ohio [Mr. Dsuivo] will be entitled to the floor for that purpose.
Mr. INGERSOLL. I would like to ask a question. If the Gentfrom Ohio moves to reconsider, will it be in order to move to post pone the question on his motion to reconsider until some day in the future?
The SPEAKER. The Gentfrom Ohio will probably move to lay the motion to reconsider on the table. Does the gentleman change his vote?
Mr. INGERSOLL. Not unless I can make the motion I desire. The result having been announced as above recorded.
Mr. DELANO mtRtv the resolution was agreed to; on the table.
Mr. INGERSOLL. I demand the yeas and nnvs on the latter motion. The yeas&nays were ordered. The question being taken, it was decided in the aflirrnative yeas 76, nays 59, not voting 48;. So the motion to reconsider was laid on the table. FREEDMEN’S BUREAU.
The SPEAKER laid before the House the following letter of the Clerk of the House in regard to the execution of an order of the House; which was laid on the table: Cannu’s Orricr. HoRep UNlTBDSuns. WASHINGTON.1).0. Juli/18. 1566. Sm: In accordance with the resolution of the HoRep.I havethis day presented to the SecyState the act entitled “An act to continue in forceand to amendan act to establishin. Bureau for theRelief of Freedmen andRefugees and for other purposes." Very respectfully.your obedient servant. EDWARD McPIlERSON. Clerkof HoRep U.S. n Hon. SCHUYLERConn: Speaker of the hoRep.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. Fons“, its Secretary, announced that the Senate had indefinitely postponed bills and JtResolutions of the following titles: An not (H.R.No. 156) to amend the 9th section of the act entitled “ An act to increase the pay of soldiers in the U.S. Army, and for other purposes; ” An not (H.R.No. 701) granting a pension to Mrs. Imogene Buckingham, of Edgar county, Illinois;JtResolution (H.R.No. 46) for the relief of Martha McCook;JtResolution (H.R.No. 188) for the appointment of a commission upon transportation between the western States and the Atlantic sea board; andJtResolution (H.R.No. 20) requesting the President to suspend any order mastering out the officers of the Veteran Reserve corps until Congress shalltake some legislative action in regard to the corps. The messagealso communicated the proceedings of the Senate upon the announcement of the death of Hon. JAMES H. Lass, late a Senfrom the State of Kansas. DEATH OF SENATOR LANE.
The SPEAKER laid before the House the following communication from the Senate: Is THESzsnit or run U.S., July 18.1866. Resolved.That the membersof the Senate have learned with regretand sorrowof the sudden eath of Hon. JAMES 11.LAKE, late aSenator li om the State of Kansas. mJefmmoolrvyed. That as an ev1dence ofrespectto the of the deceased and of sinccro sorrowand sympathyfor his bereaved and afflicted family. the Senatedo now BdJOUffl. Proceedfng That the House croeftltaerpyrccosmenmtsutinviecsa.te those
Skip Skip Petitions. etc. The following petitions.he" werepresentedundu therule and referredto the appropriatecommittees; By Mr. EGGLESTON: The memorialof the louis ville and Portland Canal Company and the Cincinnnt'iChamber of Commerce.asking a loan from the Governmentof 81.000900in bonds, to aid the canal companyto comlcte said canal. By Mr. WILL AMS: tho petition of ll citizensof Armstrong county.Pennsylvania. praying for such an amendmentof the tariff asWill protectAmerican labor to the extent of the difference between the cost of capital and labor abroadand at home.
@@@IN SENATE SENATE. Tnunsmiv, July 19, 1866. Prayer by the Chaplain Rev. E. H. GRAY. On motion of Mr. EDMUNDS, and by unanimous consent, the reading of the Journal of yesterday was dispensed with.
Mr. TRUMBULL. Yesterday, in the amendment of the bill relating to bridges over the Mississippi river, in giving the name ofu corporation in the State of Illinois I gave it it was so furnished to me as the Hancock County, Illinois, Bridge company. I understand that the name of the bri ge company is the Han cock County Bridge Company, and the word “ Illinois” ought not to be in it. I ask the unanimous consent of the Senate to have that correction made, so as to leave out the word “ Illinois.” I suppose there will be no objection to it, and by unanimous consent the correction may be made. It is a mere verbal one. Blll
Mr. TRUMBULL. I gave the name of the corporation opposite Keokuk wrongly yesterday by inserting the word “Illine ts.‘ The name of the corporation is the “Hancock Count' Bridge Company, ” and I gave it as the “ lIancock County, Illinois, Bridge company." The word “ Illinois” is not in the charter. The title as furnished to me was wrong, and I ask that that word be taken out of the name of the company.
The PRESIDENT protemporc. No objection being made, that verbal correction will be made.
Skip Skip PETITIONS AND MEMORIALS. Mr. BUCKALEW. I present a petition of non-commissioned officers and privates in the volunteer army of the U.S., enlisted in 1861 and 1862, and who have been honor ably discharged, pming for the passage of an act giving them ad itional bounty, so as to make the amount received by them equal to that received by those who enlisted in 1863and 1864. That subject having been reported upon, I move that the petition lie on the table. The motion was agreed to. Mr. BUCKALEW presented a petition of citizens of Berwick borough, in the county of Columbia, State of Pennsylvania, praying for the passage of an act refunding to that bor ough certain bounty moneys aid by it; which was ordered to lie on the tab e. He also presented a petition of mechanics and laborers in American manufacturing establishments in Philadelphia, praying for uni increase of the duties upon imported foreign goods; which was ordered to lie on the table. PAPERS WITHDRAWN. Mr. HARRIS. I ask leave to withdraw the petition of Salmon B. Colby that I presented a short time ago. It has not been acted upon, and the petitioner now desires to withdraw it. The PI ESIDENT protempo'rc. Leave will be granted, if there be no objection. REPORTS OF COMMITTEES.
Mr. MORRILL, from the ComCommerce, to whom was referred the JtResolution (S.R.No. 103) in relation to the pay and accounts of collectors of revenue who have failed to take the required oath of office, reported it with an amen ment.Mr. CHANDLER, from the ComCommerce, to whom was referred the bill (S.No.399) relative to collection districts in NCarolina, reported it with amendments.
Mr. MOR AN, from the ComCommerce, to whom was referred the bill (H.R.No. 400) to fix the compensation of certain collectors of customs, an for other purposes, reported it with amendmentS.R.STEWART, from the ComPubLands, to whom was recommitted the bill (H.R.No. 365) granting the right of way to ditch and canal owners over the public lands in the States of California, Oregon, and Nevada, reported it with an amendment. I‘OST ROUTE BILL.
Mr. RAMSEY. The ComPostOllices, to whom was referred the bill (H.R.No. 776) to establish certain post roads, have instructed me to report it back with certain amendments; andI should like to have the bill considered and the amendments disposed of, as it is late in the session. By unanimous consent the Senate, as in ComWhole, proceeded to consider the bill.
The PRESIDENT protempore. With the permission of the Senate, the amendments reported by the ComPostOffices and ost Roads will be taken up in their order, as the bill is being read through at the desk, and acted upon as they shall be reached in their order. The Secretary proceeded to read the bill. The 1st amendment of the ComPostOffices was to strike out lines 12, 13, and 14, in the following words: Massachusetts: From North Falmouth. via Hatebvillo and East Falmouth, to Waquoit.
Skip Skip The amendment was agreed to. The Secretary continued the reading of the bill to the end of line 118.
Mr. RAMSEY. I have had a re uest made to me, since the reading of the bil was commenced, to defer its consideration until tomor row with a view of allowing an examination of some of its provisions, and I have agreed to do so. I move, therefore, to postpone the further consideration of the bill unti tomorrow. The motion was agreed to. BILLS INTRODUCED.
Mr. GRIMES asked, and by unanimous consent obtained, leave to introduce a bill (S.No.440) to reorganize the Navy Dept and fix the pay of its officers; which was read twice by its title, referred to the ComNavAffrs, and ordered to be printed. DISTRICT BUSINESS.
Mr. MORRILL. I offer the following resolution, and ask for its present consideration: Resolved.That Friday. thoZOthinstant, beassigned for the consideration of mattersof legislation relating to the DistCol. There being no objection, the Senate proceeded to consider the resolution.
Mr. MORRILL. To‘morrow, after the morning hour.
Mr. FESSENDEN. I be e that will not be done. It is impossible to tel at this period of the session what the necessities of the session may be. The House has passed a resolution to adjourn on Wednesday next, and it will be very unsafe, in my judgment. to set aside any particular day for any particular business. If the Senator can pass his bills at any time without such au assignment, I shall be very glad of it; butI think we have legislated in its due proportion for the DistCol during this session.
Mr. MORRILL. Mycollcagueis very much mistaken. There never was so little iDistrict business done, I think, at any session.
Mr. FESSENDEN. It is impossible to as sign a day for the consideration of such business now, with the public bills pending and undisposed of; several of them of great importance. Tomorrow, if I am not able to do it tp day, I hope to be able to pass the new tariff bill which will come here from the House, and which it is absolutely essential should be passed, and to which there will probably be some amendments. If at any time my colleague can get in the District business without fixing a day for it, I shall not object; but at this period of the session. with probably only a few days left, I do not think it safe to set aside any day for its consideration. If the Senator would ask for an evening session I would not object.
Mr. MORRILL. I have not the slightest objection to that. I will amend the resolution so as to make the District business the special order for tomorrow evening at 7 o’clock.
Mr. FESSENDEN. I should have no objection to the resolution as it stands ifmy colleague would only say that he would give way to the public business.
Mr. MORRILL. I would not think of an tagonizing the District business with the public business.
Mr. FESSENDEN.‘ Then I have no sort of objection to the resolution. Several SEXATORS Say tomorrow evening; that will be a good time.
Mr. MORRILL. Very well; I will say tomorrow evening at 7 o’clock.
The PRESIDENT protemporc. The resolution is in the power of the moyer to amend or modify it.
Mr. MORRILL. Then I will modify it so as to make it read, “that Friday evening, the 20th instant, at 7 o’clock, be assigned, " ke.
Mr. STEWART. Will that cut oil any other business from being transacted?
Mr. MORRILL. No. The resolution, as modified, was adopted. SUFFERERS BY THE PORTLAND FIRE.
Mr. JOHNSON. I move that the Sonata proceed to the consideration of the bill intro dueed by me for the relief of the sufferers by the late fire in Portland, Maine. The motion was agreed to; and the Senate, as in ComWhole, proceeded to consider the bill (S.No.428) for the relief of the sufferersby the late firo'in Portland, Maine. It proposes to authorize the POTUS to cause to be purchased such provisions and clothing and such other articles as he shall deem advisable, and to tender the same in the name of the Government of the U.S. to the State of Maine, for the relief of the citizens who have suffered by the late fire in the city of Portland in that State, and appropriates a sum not exceeding $50,000 for that perose:
Skip Skip The amendment was agreed to. The bill was reported to the Senate as amended: the amendment was concurred in.
Mr. TRUMBULL. It is a very unpleasant duty to interpose any objection to a bill of this character intended to relieve the sufferings of any portion of the people of this country oceasioned by agreat calamity; but the Congress of the U.S. is not a charitable institution, and the Treasury of the U.S. is not to be used simply as a dispenser of charity. Now, sir, whereislhis to sto ‘2 What is to be the line? We have alrca y, at the present session of Congress, and since this dreadful fire in Portland, passed one or 2 resolutions for the benefit of the sufferers. We have passed one resolution authorizing the furnishing of tents and other accommodations from the quartermaster’s dept. We have passed another resolution or bill relieving the parties from the ayinent of taxes.
Mr. FESSENBEN. Only suspending the collection of taxes.
Mr. TRUMBULL. It is relieving them for n time by delaying the collection of taxes. Now the Senfrom Maryland comes in with a proposition to payout of the Treasury of the U.S. $50,000 in money to these sufferers. Sir, you can hardly take up a news paper in the U.S. that you will not see an account of a fire somewhere. Where is the line? Where is the distinction? If you commence appropriating money to distressed people who have been burned out, you cannot ate at Portland. There was a very large fire at lhicago the other day. I have seen a statement that several 100,000 dollars’ worth of property was destroyed at a single fire that has occurred there within a week or ten days. Fires are occurring all over the country. Now, does the Senfrom Maryland mean to relieve all those sufferers? I know it has been complained of in some quarters that the Congress of the U.S. is disposed to arrogate to itself all power, to take charge of all charities; and in advocating some measures which I have thoughtit my duty to go for I have been charged with get ting up a great charitable institution. This charge was made in reference to the Freedmen’s Bureau bill, a necessity growing out of the war; but here is a thing of ordinaryoccurrence, and it seems to me that there is such a thing as caring a matter of this kind to the extreme; “if” ungracious as it may seem, and as unpleasant as it is to take such a position, I cannot consent to appropriate money out of the Treasury of the Un.te States in a case like this, upon the information which we have; andI should like to know if this bill comes from an committee.
Mr. TRUMBULL. I move that it be referred to the ComFinance.
Mr. TRUMBULL. It seems to me there is no sort of analogy between the appropriation made for the support of the Freedmen's Bureau establishment and this bill. This is a pure charity.
Mr. TRUMBULL. I only spoke of the other because the Senfrom Maryland and those acting with him opposed the freedmen’s Bureau hill. Are those appropriations, made for the safety of the nation, to be compared to a fire in one of our cities? Here are 4 million beings whose condition affects the safety of the Republic; 4 million people made free by the results of the war, an element which affects the whole nation and the safety of us all. Is the safety of the nation at stake, or is a whole race at stake in cbnsequence of a fire that has occurred in one of our cities? Sir, thcreis no analogy between the 2 cases. I did support the Freedmen’s Bureau bill. I thought there was authority, and ample authority, in the constitution of the country for thatmeasure. The southern States are today under military control; it is necessary to supportthe Armyin the southern States; and we are taking care of the refugees, both white and black. fhis bureau is not simply for the black; it is for both white and black who have been reduced to poverty in consequence of the war. What is this case? It is a pure charity, and nothing else. But the Senator tells us that an earthquake occurred once and Congress appropriated money to the sufferers. That would be very unlike a fire. A fire is a thing of ordinary occurrence; fires occur every dayin some of the cities of this Union; earthquakes but very sel dom. The danger of such a precedent is very different in appropriating money to sulferers from a fire to what it would be in the case of a calamity of nature of that kind. Earthquakes are not of fr ueut occurrence. The one is an actof God; teother an act occurring through human instrumentalities. I do not suppose that human beings have very much to do with the occurrence of an earthquake.
Mr. JOHNSON. We have political earth quakes.
Mr. THUMBULL. it is true we have some political earthquakes, and I presume the Senfrom Maryland has been shaken perhn s by some of those tornadoes, and that is ta reason that he referred to this earthquake of nature. Now, sir, I think the recedentis a bad one. Congress has already s iown the sympathy of the nation with the sufferers at Port and think we have gone far enough. I have not looked at the recedent to which the Senator refers, nor at tedebate which occurred on the occasion of the passage of that resolution; but I trust that this bill will not pass without being examined by some committee of this body to see upon what grounds we can make such an appropriation.
Mr. FESSENDEN. If this bill is to be referred at all, I would rather have it referred to some other committee than the ComFinance. From the fact that I am on that committee, and might be considered as interested in a question of this kind, I think it would be improper to refer it to that committee. I would prefer that it should be sent to some other committee, although I do not know how it will be any better understood by being referred to a committee.
Mr. GRIMES. Did not the Government relieve the New Madrid sufferers?
Mr. GRIMES. Where is the difference between that case and this?
Mr. TRUMBULL. I tried to state the difference. That was an act of God, and we relieved them by granting them lands.
Mr. TRUMBULL. No: a fire is not regarded as an act of Omnipotence exactly. I take it that human instrumentality has something to do with these tires; but I do not suppose that humau instrumentality hnd anythin to do with the earthquake which destroyed New Madrid; and in that case, I understand, Congress relieved the parties by granting to them land. I do not recollect that they gave them money out of the Treasury; and the senator'from Iowa will remember that the Constitution expressly authorizes Congress to dispose of the public lands, and we have always been in the habit of giving them away.
Mr. GRIMES. Have we not the same right to dispose of money '2
Mr; TRUMBULL. We can appropriate money, but it must be for objects contemplated by the Constitution, I take it. I was, however, commenting upon the propg'iety of sending this bill to some committee. cos the Senfrom Maryland know the extent of the contributions throughout the country ‘2 They amount to 100s of then sands of dollars; I think more than a 100,000 dollars in the city of NewYork alone, and a large sum in Boston, and in all the cities. I think we ought to know that there is a pressing necessity for it before we vote money in this way. We ought to have the information which a committee could gather in reference to that matter; and it was for that reason that. I moved to refer the proposition to a committee. If it is to pass at all, let us know what sum we ought to appropriate to relieve this suffering, it“ we have the authority to appropriate anything, which I do not think we have. Iquite agree with the Senfrom Kentucky that the fact. that Congress has once made an appropriation, even if it were precisely like his, oes not make this one constitutional; that we are not a Government of precedents, and the fact that a bill has once passed Congress improperly does not authorize all future Congresses to pass similar bills. Now, sir, as I said when I interposed the objection to the passage of this bill, it is a very thankless task to oppose a bill designed as a charity for suffering people; but, according to my sense of duty, it is improper for Congress to appropriate money in this way. I do not see where it is to stop. If 50,000 dollars is to go to the great tire of Portland, 10,000 dollars may go tomorrow to a similar fire in Bangor, and 5,000 dollars the next day to a fire in my city, and a million the next day to a fire in Baltimore or in NewYork.
Mr. TRUMBULL. I presume they have so much money there in the earth that they would never come to the Treasury of the U.S. for money to take care of their sufferers from fire.
Mr. CltESWELL. Has the bill been reported by a committee?
Mr. TRUMBULL. It has been before no committee but was introduced by the Senator’s colleague on his own responsibility. As the Senfrom Maine objects to the hill going to the ComFinance, as he is from the city of Portland, and is at the head of that committee, I will move its reference to the Committee on the Contingent Expenses of the Senate.
The PRESIDENTpro tempera. The motion is varied, and it is now moved that this bill be referred to the Committee to Audit and control the Contin ent Expenses of the Senate.
Mr. FESSEI DEN. I do not propose to take an art in this discussion, and I do not feel cal ed) upon to object to any course that gentleman may see fit to take. I wish to say, however, in'reply to the Senfrom Illinois, that it will be impossible to get any exact estimate at the present time of the loss by this fire. The nearest we can come at it is the account that is kept in our papers . The most recent intelligence, as state in the papers and they have made the best estimate they could is, that the loss was about ten million dollars in the city of Portland, that the insur rance amounted, so far as had been ascer tained, to between 3 and 4 millions; and that the contributions up to date were something short of 150,000 dollars.
Mr. WILSON. I hope this bill will not be referred to any committee. I think every member of the Senate can comprehend it without getting the opinion of any committee of the body upon it. It is a very simple proposition. A dreadful calamity has fallen upon the city of Portland. A large amount of the wealth of that city has been destroyed. It is true, as stated by the Senfrom Maine, that a large amount of this property has been insured; but 100s of poor amilies have lost their all, and are thrown out into the world dependent wholly upon the charity of the people of the country. these calamities willsometimes come upon the country. I do not believe this nation Will be any the poorer for giving a little charity to those upon whom thee great misfortunes fall. They come once in a while. It can certainly do no great harm, when the do come, for this nation to bestow a little 0 its means to relieve the destitute and the suffering; and ifwe do it, I have no fear that we shall be any the poorer for it. It will be an expression of the action of the nation and may have its in fluence upon the charitable among the people to induce them to relieve the wants of p those who have been borne down bythis great calamity. Whetherit has come by the providence of God, or the folly of man, or from any other in fluence, it is upon them, and I certainly hope we shall pass the bill introduced by the Senfrom Maryland.
Mr. HENDERSON. I apprehend that the Senfrom Illinois is hardly in earnest in his motion to refer this bill to the ComContingent Expenses. I cannotimagine what that committee has to do with a proposition of this character. I suppose it is not intended that the money shall go out of the cpntingent fund of the Senate.
Mr. TRUMBULL. I thought this was a contin ency. [Laughter]
Mr. HENDERSON. Ihope the Senator will select some other committee, if he insists upon referring the bill to any committee. I apprehend that the Senfrom Maryland intended by the introduction of this bill to make a small appropriation for the immediate necessities of these people. It is objected that we cannot say but that all the sufferers by the fire are fully insured, and that therefore this appropriation may be wholly unnecessary. Now, we all know perfectly well that many months will elapse before the claims can be adjudicated in the insurance offices; and we know, furthermore, that not over 1/2 the property wasinsured atoll, as was'very justly remarked by the Senfrom Iowa; and in addition to that we know that the property which was insured was not insured for its full value. Hence it is clear that even if the parties find themselves dealing with solvent insurance companies, able to pay them the amount of the insurance, they will not be remunerated more than 1/2 the extent of their loss. I do not know the number of families that are turned into tents, their houses having been entirely destroyed.
Mr. FESSENDEN. I think from 12,000 to 15,000 people.
Mr. DAVIS. If my friendfrom Missouri will refer me to any provision of the Constitution which, according to my judgment, gives a seeming power to Congress to pass this bill I will vote for it.
Mr. HENDERSON. I do not desire to take up the constitutional question. There is an o der work upon this subject perhaps than the Constitution. We find 12,000 sufforing people, poor, unable to provide the means of daily subsistence to themselves; and we are told by an older constitution than this that he that giveth to the poor lendeth to the Lord; and my friendfrom Kentucky had better be laying up some treasure of that sort. [Laughter.
Mr. JOHNSON. Mr. President, I regret exceedingly that the honorable member from Pennsylvania should have intimated that in offering this bill there was any political purpose on my part or on the part of any member of the Senate. It seems to me extraordinary that, no matter what the subject is, some of us are very apt to suppose that our associates are influenced by party motives. I rise to disclaim it in this instance, not only in my own behalf, but in behalf of the members from NewEngland. There was not one member of the Senate, as far as I am advised, who had any knowledge of my purpose to introduce the bill ccrtainly, not one who ever aproached me with a request that I would introduce it nntil I mentioned it on the very day that the bill was introduced. Itwas prompted by my own sense of what was due from the nation to the suffer v ers. Whether NewEngland had 12 votes in this body, or had only, as Pennsylvania, 2 votes, had no influence whatever on me. The honorable member from Pennsylvania tells us, not so much questioning the power as questioning the exercise of the ower under the circumstances, that he is unable to vote for this appropriation as long as Chambersburg is unprovide for. Whose fault was it that the Congress of the U.S. did not provide for Chambersburg? Did the honorable member ask for an appropriation of that description?
Mr. BUCKALEW. It would have been laughed at.
Mr. JOHNSON. Laughed at! It would not have been laughed at as far as I was concerned. But, Mr. President, Chambersburg stands in very different situation from that in which the sufferers by this fire stand. '[hat was the result of war, and it is imposs'ible for any Government to indemnify against the consequences of war. The nation would be bunk rupt if it undertook to prowde an indemnity against injuries resulting from the proess of war; and the honorable member 18, hope, mistaken in supposing that the forces were 39% withdrawn from the State of Pennsylvania for l the purpose of leaving her helpless.,
Mr. BUCKALEW. I made no such assertion. I said they were injudiciously placed, so that our defense was not, as it ought to have been, made perfectly secure.
Mr. JOHNSON. That is a military question. I am notso certain that my friendfrom 5' Pennsylvania, skilled as he is in everything I else, is quite equal to the management of ar l mics. Whether they were unskillfully placed,0r skillfully placed, is a matter in regard to I which I should rely more upon the judgment. of the men in whose hands the management of the armies was placed than upon the judgment of any civilian. Pennsylvania on ht to have been able to protect herself, an she would have been able to protect herself, in the main, although unable to guard against a sud den invasion of her territory by an organized force, such as was the force I on that occasion by the confederatgs. But what has that to do with this question? The honorable member does not seem to deny that we'should have a right now to provide for the case of Chambersburg, if we thought proper; but he concludes by saying that as long as Chambersburg remains unprovided for, so long, as far as ho is concerned, are the people of Portland to remain in a helpless, impover ished, and starving condition. I rose, however, simply for the purpose of saying that the Senators from NewEngland and are no more responsible for the introduction of this bill than is the honorable member from Pennsylvania; in other words, they are not respon sible at all.
Mr. DAVIS. I think with the honorable Senfrom Pennsylvania, notwithstanding the retest of the honorable SenfromMaryland, that every man’s property that has been destroyed by the rebe s furnishes a stronger case for the interposition of Congress to in demnify the loss than this case or any other case of casual fire can. Sir, I respond to the position of the Senfrom PennsylVania that it was the duty of the Government of the U.S. to protect its citizens in their persons and their property against the aggressions and the destruction of the rebels, and an omission to furnish that protection, by reason of a careless or improvident disposition of the troops or for the want of the necessary force, does not release the Government, in the case of the destruction of private property by the rebels, from the deep and strong obligation, as I conceive, to make full indem pitly for the property. understand that the honorable Senfrom Pennsylvania only adduced the case of the town of Chambersburg, in his State. as an example. It is only one of a million. Every city, every town. every habitation that was left in flames and destroyed, and every instance of the de structiun of private property by the rebels, because of the absence on the part of the government of giving the necessary defense to that property, in my judgment is a much stronger case for the interposition of the Government to indemnify the loss than this or any other case of casual fire can be. I think that the honorable Senator’s position in that respect, and his adducing the example from the State of Pennsylvania, furnishes a powerful and, to my mind, a conclusive consideration against the passage of this measure.
Mr. BUCKALEW. If the Senfrom Illinois does not choose to insist on his motion to refer this measure, I will submit one to post pone it.
Mr. TRUMBULL. I withdraw the motion to refer.
Mr. BUCKALEW. Then I move to post pone this bill for the present.
Mr. JOHNSON. Ilpon that motion I call for the yeas&nays. The you&nays were ordered.
Mr. HENDRICKS. If this appropriation be made at all, I suppose it ought to be made at once. From the very nature of the case the relief ought to be granted now, if ever; but I am not prepared to vote for it. I wish Icould. I cannot see how we can appropriate the public money to local charities. I suggest, therefore, to the Senfrom Illinois to move the reference of this bill to the ComJudiciary. The author of the measure is a member of that committee; the Senfrom Illinois is the chairman of that committee. He opposes the measure, and its author advocates it. The bill will then go before that committee for its examination, and I presume the committee would be willing to meet at any hour to decide upon it, and if it be within the power of Congress, in the opinion of the committee, the bill can be returned here at once, receive immediate aetion, and perhaps become a law at this session. If Congress decides that the appropriation ought to be made, I should wish to make it at this session. Therefore, if the Senfrom Pennsylvania will withdraw his motion, I will substitute for it a proosition that this measure be referred to the ComJudiciary.
Mr. BUCKALEW. I have no objection to withdraw my motion, but will renew it in case the other is not successful.
Mr. HENDRICKS. Very well. I am not able exactly to see, however, wh the Senfrom Illinois objects to this bil. because he voted the other day for a bill distributing char ities over 11 States of this Union to persons who had been declared to be citizens, to occupy toward the Government the same relation exactly that the people of Portland do and the appropriation was made because of their necessities. IfI had voted for that bill, it seems to me I could not well oppose this; but as I was not able to see the constitutional authority for that appropriation of the public moneys, I am not able to see how we can alle viate the citizens of Portland, however ear nestly the case may appeal to our feelings. As has been well said by the Senfrom Pennsylvania, there is no limit to this sort of appropriation. Congress decides that it may relieve in cases of hardship. An appeal will be made to you at every session, and I presume the applications will increase in number and in amount at every session. When we once yield the point that because people in particular localities need money Congress can give it to them, there is then no limit to govern the action of Congress and that is precisely the case. it is stated that the people in Portland need money, need money because of a terrible affliction. That is all there is ofit. Because they need money we are to give it to them, not in the exercise of any power conferred upon Congress by the Constitution, but simply because our charitable feelings are appealed to by their distresses we are to give them money. That is all there is of it. cannot respond to that appeal; I wish I could; but I cannot see the power to appropriate the money.
Mr. HENDERSON. I am perfectly willing to make that arrangement with the Senfrom Wisconsin. I will vote for the bill and he can give the 50 dollars. [Laughter]
Mr. HOWE. I guess those are about the best terms I cairmnke with the Senfrom Missouri, [laughter, ] and I believe I shall accept the proposition. I will give the 50 dollars and let imvote for the bill and I will vote against it.
The PRESIDENT protempo'rc. The question is on the motion of the Senfrom Pennsylvania to postpone the further consideration of this bill.
Mr. HENDRICKS. I thought the Senfrom Pennsylvania withdrew that motion.
The PRESIDENT protempore. The Chair did not so understand the Senator. After the order for the yeas and nnys the motion could not be withdrawn except by the unanimous consent of the Senate. I‘he yeas&nays had been ordered on the motion. By unanimous consent the practice is to allow the mover at that stage to withdraw his motion, but. not otherwise.
Mr. TRUMBULL. The withdrawal, I think, was before the ordering of the yeas&nays. The Senfrom Indiana [Mr. HENDRICKS] was speaking, and be appealed to the Senator by his side [Mr. Bucnmrw] to withdraw the motion to postpone, and then made a motion himself.
Mr. HENDRICKS. The Senfrom Pennsylvania said he would withdraw that I might make a motion to refer to the ComJudiciary, which motion I then made as a substitute for his motion.
Mr. BUCKALEW. I expressed a willing uess to withdraw the motion to postpone.
The PRESIDENT protempore., the Chair so understood the Senfrom Pennsylvania, but did not understand him as withdrawing the motion.
Mr. BUCKALEW. I expressed an entire willingnesfito withdraw the motion to post pone, in order that the other motion contemplated might be made. I have no right to withdraw tie motion, I am aware, without the unanimous consent of the Senate. The yeas&nays were ordered prior to the conversation. If there is no objection, I will withdraw the motion in order to enable the Senfrom Indiana to submit his.
The PRESIDENT protempore. The Senfrom Pennsylvania asks leave to withdraw the motion to postpone. Is there any objection? No objection being made, the motion is withdrawn.
Mr. HENDRICKS. thcn, sir, I move the reference of the bill to the ComJudiciary.
Mr. TRUMBULL. I ask for the yeas&nays on that. The yeas&nays were ordered; and being taken, resulted yeas 16, nays ‘23;. So the motion was not agreed to.
Mr. BUCKALEW. I shall not renew the motion which I made before, because I presume the result would be the same as that on the motion made by the Senfrom Indiana. I will not occupy the Senate, therefore, on that question. I Will content myself with voting against the bill. The bill was orderengross for a 3rd reading, and was read the 3rd time.
Mr. CONNESS. I call for the yeas and no s on the passage of the bill. The yeas&nays were ordered.
Mr. CONNESS. I just want to say, in expla nation of my vote, that I do not see what is the force of the point made by the honorable Senfrom Indiana as between this proposed appropriation and that made for the support 0 indigent persons in the South. The one was the result of war; the other is the result of accident, liable to occur every hour, while the former can, in all probability, never repeat itself, at least we all trust not. I find that difference. But while I think my heart is as warm and as ready to appropriate or give to the extent of my means as that of others, I cannot see how this appropriation can be made for this purpose and) any denied that shall be asked hereafter in behalf of either a single citizen who has lost his all, or a number of citizens who shall be equally calamitous with those of Portland. The question being taken by yeas&nays resulte yeas22, nuys 18; 8, So the bill was passed.
Mr. FESSENDEN. I move to postpone all prior orders and take up the bill innkin appropriations for sundry CIVH expenses of the government, accordingto the notice I gave yesterday.
The PRESIDENT protempore. Before put ting the question on that motion, the Chair desires to present a large quantity of business from the other House for disposition.
Mr. FESSENDEN. Certainly. 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. 124) authorizin the construction of a nil in and for the DistCol to the ComDistCol. A bill (H.R.No. 280) to amend an act to extend the charter of the Alexandria and Washington railroad. passed March 3. 1MBto the ComDistCol. A bill (H.R.No. 780) to protect the reve nue, and or other purposes to the ComFinance. PAY OF ARMY OFFICERS. The Senate proceeded toconsider its amendments to the JtResolution (H.R.No. 101) for the relief of certain officers of the Army, which were disagreed to by the HoRep and on which the House requested a committee of conference.
Mr. RAMSEY. I move that the Senate insist on its amendments and agree to the conference asked by the House. The motion was agreed to.
Mr. RAMSEY. Imove that the committee on the part of the Senate be appointed by the President protempore. The motion was agreed to by unanimous consent. WiDows' AND onriiaxs’ PENSIONS. The Senate proceeded to consider its amendments to the bill (H.R.No. 692) increasing the pensions of widows and orphans, and for other purposes, which were disagreed to by the HoRep, and on which the House re nested a conference.
Mr. EDM NDS. In the absence of the Senfrom Indiana, [Mr. LAXB] I move that.the Senate insist on its amendments and agree to the conference asked by the House. The motion was agreed to.
Mr. EDMUNDS. I move that the confer ees on the part of the Senate be appointed by the Chair. The motion was agreed to by unanimous consent. Tim GRADE or GENERAL. The Senate proceeded to consider the amendment of the HoRep to its amendment to the bill (H.R.No. 3) to revive the grade of General in the U.S. Army. The amendment of the House was in line 20 of the Senate amendment to strike out before “Army” the words “ line of the" and to insert the word “regular.”
Mr. WILSON. I move that the Senate concur in that amendment. The motion was agreed to.JtCom ON RETRENCHMENT. The Senate proceeded to consider the amendment of the HoRep to the amendments of the Senate to the House concurrent resolution for the appointment of a JtCommee on retrenchment. The amendment of the House was to insert after the last word of the Senate amendment s the following words: And inquire into the accountsand statementsin referenceto the Governmentdebt and the manage mentthereof and the modeof depositingand keep 238 of the public money and all accountsrelating era 0.
Mr. EDMITNDS. I have no doubt that the Senate amendments cover that round already, but to save time I move that the Senate concur in the amendment of the House. The motion was agreed to. FINAL ADJOURNMENT.
The PRESIDENT 0 team 0 laid before the Senate the following resolution from the HoRep: Received, (the Senateconcurring.) That the President of the Senate and Speaker of the HoRepbe authorized to close the present sessionby adjourning theii’ respective Houses on the25thday of July. at twelva o‘clock meridian.
Mr. FESSENDEN. I move that that be. laid on the table.
The PRESIDENT protemporation is not debatable.
Mr. HENDRICKS. I do not propose to debate it, but I wish to ask whether it can be taken up at any time. Several SENATORS. It can be.
Mr. FESSENDEN. Idesi i to call it up shortl, as soon as I am sntislie as to when we can a journ. I am not quite satisfied yet that that day can be safely fixed upon. The motion was agreed to.
Skip Skip APPROVAL or BILLS. A message from the POTUS. by Mr. Coorsn, his Secretary, an‘ nounced that the President had approved and signed, on the 18th instant the follbwin acts: An act (S.No.114) for the relief 0 A. T. Spencer and Gurdon S. Hubbard; An act (S.No.222) further to prevent smug gling, and for other purposes; and An act (S.No.369 to establish certain post. roads. EXECUTIVE COMMUNICATION.
The PRESIDENT o tem are laid before the Senate a message from the POTUS transmitting a report of the SecyState, in compliance with the requirements of the 18th section of the act entitled “An act to regulate the diplo matic and consular systems of the U.S., " it proved August 18, 1856; which was ordered to lie on the tableand be printed. EQUALIZATION OF BOUNTIES.
The PRESIDENT ro tsmpore. The Senfrom Maine [Mr. li‘ssssxnslv] moves that the Senatedpostpone the present and all prior orders, an proceed to the consideration of House bill ho. 737.
Mr. WILSON. The unfinished business in order is the bill to equalize bounties. Now, the Senfrom Mame proposes to lay that aside and take up an important appropriation bill. I do not wish to have acontroversy about the priority of business, and especially a controversy with the ComFinance and the appropriation bills. In order that this bill, which has been twice in order and crowded out, may have a fair chance, I move that its consideration be postponed until tomorrow at one o’clock, and made the special order for that time; and if that be done, I will agree to re way.
The PRESIDENT ro tempers. The motion of the Senfrom Maine being now pending, another motion cannot be received until that is disposed of.
Mr. WILSON. I hope the Senfrom Maine will withdraw his motion.
Mr. FESSENDEN. The Senator can make his motion afterward just as well. After this bill is taken up I will give him a chance inform ally to make his motion, if he desires. I will not interpose or attempt to interpose in the way of that bill anything except a bill that we must pass, and which it is important ought to pass immediately, because it must go back tbplilsie House. There are 2 or 3 of these I.
Mr. WILSON. I understand that and felt that; and if the Senator will just allow this motion to be made and then take his bill up, I shall be content.
Mr. FESSENDEN. I withdraw my motion for a moment, then, in order to accommodate the Senfrom Massachusetts.
The PRESIDENT protemporc. The Senfrom Massachusetts moves to postpone the hill named by him, being House hill 0. 602, until tomorrow, and make it the special order for one o’clock. The motion was agreed to by a 2/3rd s VOW.
Skip Skip MESSAGE FROM THE House. A message from the HoRep, by Mr. McPnsnsoN, its Clerk, announced that the HoRep had concurred in the report of the committee of conference on the disa ceing votes of the 2 Houses on the amen ments to the bill (H.R.No. 477) further to provide for the sa ety of the lives of assengers on board of vessels proelled in wholc or in part by steam, to regu ste the salaries of steamboat inspectors, and for other purposes. The message further announced that the HoRep had passed, without amendment, the following Senate bills: A bill (S.No.178) to incorporate the Metro politan Minin and Manufacturing Company; A bill (S. o. 277) for the reliet of William Cook; and A bill (S.No.82 5)to give certain powers to the levy court of the county of Washington, in the DistCol. LEAVE OF ABSENCE.
Mr. RIDDLE. I ask leave of absence for my colleague [Mr. SAULSBURY] during the remainder of the session. Leave was granted. FUNDING 0! THE NATIONAL DEBT.
Mr. FESSENDEN. I now rencw m motion to take up the civil appropriation bill. The motion was agreed to.
Mr. SHERMAN. With the consent of the Senfrom Maine, I will informally submit a motion to take up Senate bill No. 300, the funding bill, with a view to have a vote upon it. It was considered yesterday, and will not excite an Y debate.
Mr. FESSENDEN. If it does not excite debate I will not objecti That is an important bill and it ought to be acted upon.
Mr. SHERMAN. It ought to be passed now if it is to pass this session. It can be taken up informally by general consent.
Mr. FESSENDEN. Let the appropriation bill be laid aside informally if it 18 to be laid aside at all.
The PRESIDENT ro tempore. The bill before the Senate will lie laid aside informally in order to entertain the motion of the Senfrom Ohio. T he motion was agreed to; and the Senate, as in ComWhole, resumed the consideration of the bill S.No. 300) to reduce the rate of interest on the national debt, and ibr fundin the same.
Mr. GRIMES. I move toamend the bill by adding the following as an additional section: Abife: That all acts and all parts of actsauthorizing the Comptroller of the Currencyor the Treasurer of the U.S., with the approval of the SecyTreasury, to designateany national banking association organized under the laws of the U.S. to become a de ositary of public money, be so limited and construe astohere after prohibit the designation of any such bank as such depositar in the DistCol, or in any city in which t ore is established biluw an officoof the Treasury of the U.S. nown as a subTrcasury thereof.
Mr. GRIMES. I have not the sli test disposition to throw any obstacle in the way of the passage of the Senator’s bill. So far as I understand it, if I do understand it, [am in favor of it; but I have offered this amendment. because it is the only method thatI could adopt by which I could get a vote upon such approp position as this. I do not know how man months ago it was, but several months ago I offered a resolution instructing the ComFinance to inquire into the expediency of providing by law that in cities where there was a sub Treasury the public money should be deposited with the sub Treasurer, but I have not seen, thus far, that there has been any action taken upon it.
Mr. SHERMAN. There can be no deposit now made by any disbursing officer except in the sub Treasury. The only deposit that can be made in one of these depositarics is by the Treasurer of the U.S or the collect ors of internalrevenue.
Mr. GRIMES. Thatis so, notby the action of Congress, but by the action of the chief of a bureau or the chief of a Dept.
Mr. SHERMAN. No; we passed a law on the subject.
Mr. SHERMAN. The Senator probably was not‘present; but about a month ago we passed a law forbidding any disbursing officer to deposit money with a national bank a law which contains substantially the idea that the Senator advocates. Collectors of internalrevs enue and the Treasurer of the U.S. are now the only persons who can deposit ub lic money in these banks in cities where there are Government depositaries. It is feund to be very convenient to have this privilege continued so far as those oHicers are concerned. The bill to which I refer was passed and approved long since at least a month ago.
Mr. SILEltMAN. Under the existing law nobody can deposit public money in a national depository except a collector of the internalrevenue and the Treasurer of the U.S. since the law has been changed; and that is really the provision of the bankinglnw. Now, the question is whether we shall repeal entirely the power of collectors of internalrevenue and the Treasurer of the U.S. to deposit.
Mr. GRIMES. This amendment only applies to the cities.
Mr. GRIMES. I call for the yeas&nays on the amendment. The 'ens and no s were ordered.
Mr. HENDRIC KS. Before I vote on the amendment I wish to inquire of the Senfrom Iowa in what respect it conflicts with the bill which was passed some time ago.
Mr. GRIMES. I understand from the Senfrom Ohio that the bill that was passed some time ago prohibited disbursin officers from depositing money in the nations banks. This would aply to the collectors of internalrevenue as well.
Mr. HENDRICKS. This will leave any officer of the Government to make a de osit in a bank where there is no office of the reasury?
Mr. GRIMES. Where there is no subTreasury they will still go on under the regulations now established; but in cities where there are sulrTreasuries and in the DistCol they will be required to deposit the money in the sub Treasury or the Treasury. It leaves the law precisely as it now stands outside of cities where there are subTreasuries.
Mr. HENDRICKS. It does not disturb the present law where there is no sub Treasury?
Mr. GllIMES. No, sir; not at all. The question being taken by eas&nays, resulte yeas 21, nays 12; 15., So
The PRESIDENT tempera. The question is on concurring in the amendments made as in ComWhole; and the question will be taken on the amendments collect ivehlf' unless a division be asked.
Mr. SHERMAN. I should like to have a separate vote on the amendment offered by the Senfrom Iowa.
Mr. FESSENDEN. What is the use of that? It has just been adopted by a vote of 2 to one.
Mr. SHERMAN. Still I shall call for a separate vote upon it. I wish to do my duty at any rate.
The PRESIDENT rotempore. Thatamendment will be exceptetf.’ The question is on concurring iqthe residue of the amendments made as in ComWhole. The other amendments were concurred in.
The PRESIDENT protempore. The question now is on concurring in the amendment offered by the Senfrom Iowa.
Mr. GUTHRIE. I understand the internalrevenue is payable in national bank notes. If this amendment be adopted, it will devolve on the collectors to refuse to take them, or they will be under the burden of changing them to legal tender notes before they'can make their deposits. They are not bound to do that now and I think we ought not to encumber this bill with anything that is to invite discussion or procrastinate it. I hope that the amendment will not be concurred in.
Mr. GRIMES. I understand that the objection of the Senfrom Kentucky to this reposition is not on account of any of its emerits, but because he does not want any discussion on the subject; he does not want anything of that kind added to the bill. I do not propose to discuss it, but I wish to say a single word in reply to the Senfrom Ohio. I do not profess to be a financier; it may be that all knowledge on questions of this kind is confined to a few men in this body or a few men 1866.5 v outof it. but this is a question that has been before this body for the last 6 months. I introduced a resolution months ago calling on the ComFinance to investigate this whole subject and report to us, not alone in regard to the disbursing officers, but in regard to everybody else. If they thought it was improper ibr such a law as that to ass, why did they not make a report to us on t 10subject?
Mr. SHERMAN. Ican answer that. I can state that in connection with this banking ditIiculty there was the difficulty of withdrawing or rather of redistributin the national banking currency. That was the principal question upon which there was great itiicul and great difference of opinion. I introduce a proposition here and sent it to the ComFinance; the Senfrom Maine [Mr. Fes ssxnsx] also introduced a reposition, and they were all considered. Finally, my friendfrom WestVirginia [Mr. VANWINKLE] introduced u proposition covering these points; but we were not able to agree. In the mean time a bill had been maturing in the House, and it was deemed best to let the matter stand until that bill came to us, to see if some system could be ado ited with a view to diversify the national baning currency, and also to limit, restrain, and regulate deposits.
Mr. GRIMES. According to the last report that I read, there were between 47 and 48 millions of the public money depos ited in the different banks. Most of this mono was in the great commercial centers, principlly in NewYork, Boston, and Philadelphia. ere is not much public money deposited in the country banks. This provision, if it be adopted, will not apply to them. It will only a p y to those cities where there is a public U.S. sub Treasury established by law; and I should like to know what the Senfrom Ohio means when he speaks about one of these collectors being compelled to travel 15 or 20 miles in order to make a deposit?
Mr. SHERMAN. I did not so that. I mid to the neighborhood of the ark; and the Senator will see that the collector cannot deposit anything in the sub Treasury except U.S. notes, legal tender notes. e cannot deosit national bank notes.
Mr. GRIMES. Then let the Senator amend his law. Let him authorize the sub Treasury to receive national bank notes.
Mr. SHERMAN. That would be a very d dangerous and very embarrassing thing.
Mr. GRIMES. I believe the Senator was the Senator who carried the bankinglaw through this body, and I trust he did not induce us to adopt any banking system here by which the Government would be injured i it should receive the notes of those banks. I
Mr. SHERMAN. The U.S. must y its debts always with U.S. notes, Egal tender notes, when demanded, and has no right to deal with others.
Mr. POMEROY. The Senfrom Iowa I think must be aware that it is the law (and whether he voted for it or not does not make any difference) that persons paying their taxes may pay, and collectors receiving them are obliged under the law to take, the issues of the national banks. In the law creating the national banks we provided that the notes should be received for taxes and public dues. Having provided in the law that they shall be received, and the man who has a tax to pay having a right to pay it in national bank notes, where is the propriety in requiring the man who is obliged to receive them to deposit them where they will not take them? The amendment of the Senfrom Iowa obliges the collector to deposit in a place where they will not receive and cannot under the law receive the issues of national banks; and yet the collectors are obliged to take them. I: is certainly not only a manifest inconsistency, but a great hardship to oblige a collector to take the currency of the national banks and then obli e him to deposit it where it cannot be receivetf. I think the amendment of the Senator is not only a great hardship but a r'est wrong.
Mr. GUTHRIE. I am not willing that, through the mistake of the Senfrom Iowa, the Senate should misunderstand my position. I did not say that my only objection to this amendment was that it would lead to discussion. I said that one of the objections that I had to it was that it would necessarily lead to discussion and might defeat this bill, which I thought ought to pass. My principal objection was that it throws the burden upon the collectors to change the national ban notes into legal tender notes by forcing them to be deposited, because the collectors are bound to take them by law for the internalrevenue; and thatis a burden which we have no right to throw upon the collectors, to make the change and go to these banks to redeem, when the law provides that they should be depositaries an in tended that they should be in aid of the collectors of internalrevenue. I believe I was the 1st man who required a strict enforcement of the sub Treasury law, and in the short period of 4 years, I think, we manifested that it was the best system, and I still think so. It is likely, if I'had been here at the time, I should have voted against these national banks. I think they are the weakest system in our paper currency now; but the object and intention of them no doubt was good. Now, the gentleman objects that there was $47,000,000 in the different banks at the last report. Does not he and every financial man know that having to meet the great amount of the public debt and the interest and the appropriations. the SecyTreasury must necessarily provide himself beforehand with the necessary money to meet them and maintain the credit of the Government? Does he not know that we must have a large amount of moneyto meet and control any combination of moneyed men against it? We know that when 50 or 100millions are to be paid, that 50 or 100millions must be provided for beforehand, and it must necessarily be in public depositaries of some kind or other.
The PRESIDENT ro tampon. The question is on concurring in the amendment made as in ComWhole.
Mr. GRIMES. On that question I ask for the yeas&nays. The yeas&nays were ordered.
Mr. GRIMES. I have only one word more to say in reply to what has been said by the Senfrom Maryland. The great argument that he makes, and I believe that is substan. tially the argument made by the Senator/from Kentucky, is that a cat burden will be thrown upon the collector, L inasmuch as the collector is now authorized to receive national bank notes.
Mr. GRIMES. Compellei to receive national bank notes, and he cannot deposit them in the sub Treasury. The whole argument, I believe, of the Senator was redicated upon the provision of the law which compelled the collector to receive national bank notes in dis. charge of the national taxes, but did not allow him to pay that kind of currency over to the sub Treasur. The law requires, as he tells us, the sub ' ‘reasurer to receive, or justifies him in receiving, nothing but gold and silver and the greenbacks. whose fault is that? if it is anybody‘s, it is our own. If the ComFinance desire to change that, they can very easily submit us an amendment to that etlect. If they see what is the sentiment of the Senate on this subject, they can have this bill recommitted to them, and bring it back to us with a provision of that description. But if the sub Treasury and the Treasn of the U.S. are to be administere in the interests of banks, of course such a provision as that will be permitted to remain upon the statute book, and that will always furnish an admirable argument for never authorizin deposits of any other descrition and anyw ere else except in the vaults of these pet banks. Mr. President, I have confidence in the banking capacity of the SecyTreasury; but he cannot foresee, in my opinion, the evrls that are likely to result, and that will most inevitably result, in my opinion, whenever he succeeds in what he says he is attempting to do, to curtail the currency of the country and bring us back to specie payments. Then will come the time when these deposit banks will not be able to respond to the demands that will be made upon them; and I am disposed to have the record appear in such a shape that I shall not be put in the category of those who voted in favor of allowing the public treasure to remain in their hands.
Mr. GltIMES. Will the Senator be kind enough to answer me one question?
Mr. GRIMES. Why is it that we authorize and direct the collector to receive national bank notes, and yet refuse to receive them from him at the sub Treasury?
Mr. FESSENDEN. Because the original sub Treasury law has not been changed.
Mr. GRIMES. Why has it never been changed?
Mr. FESSENDEN. Because the genius zpd industry of the Senator never led him propose it.
Mr. GRIMES. Or let me ask the Senator if it is not because we are administering the Government in the interest of banks, on the other hand, so as to prevent that kind of our rency being paid over into the Treasury.
Mr. HENDERSON. I voted in favor of the amendment of the Senfrom Iowa be fore; but I shall be compelled now, upon the e present Treasurer of the i discussion of the matter to vote against it; and in doing so, I vote against my very best convictions, and simply in consequence of the previous legislation, which cannot now be altered.
Mr. HENDERSON. Because we have not the time to do it. The amendment of the senator is correct, provided it were supported by legislation. There can be no question of that. I‘hedifficultyisin havingtwo qualities of U.S. aper to be thrown into the subTreasury. do not say that I would make this paperreceivable into the sub Treasuries, but it certainly is a just and correct proposition in itself, that no public money shall lie eposited in banks when you are within range of a sub Treasury; because long experience, in fact the entire exerience of the Government, has demon strate that whenever we resort to banks to make our de osits, we lose money. The deosits of this lovernment are now again becoming very large. They are becoming as they were in 1836.
Mr. HENDERSON. I am told by the Senfrom Ohio that this bill will reduce them. I am gratified to hear it. I have not been able to give the attention to this bill that I desired to 0; but, sir, anything ought to be resorted to that is honest and just and fair to reduce these immense deposits now in the banks of the country. If they be continued I am very well satisfied as to what will be the result. You had an illustration of it in Washington city a short time ago; and you will find that the bank that exploded in this city is not the only one that will exlode. You will find that the Government will) lose money, as it did in 1836, and then, as in 1837, when the Government has lost immense sums of money, we shall go back by u revulsion, as it were, and adopt the sub Treasury system and require that Government money shall be collected either in coin or in Treasury notes and deosited. only in the sub Treasuries. I believe that the day is fast coming when we shall have to adopt that system again. I have ever been in favor of the sub Treasury system, and I am opposed. to making deposits of the public money in the banks of the country. I 0 not know why it is that these very large deposits have been made. I have notgivon sutheient attention to the subject to know why the SecyTreasury has been unable to use these large deosits in the payment or reduction of the public debt. I cannot tell why we have from 50 to 100 millions in the banks of the country when we owe some 3,000 millions, and at art of it is constantly maturing on our hands. I merely throw out these things to show why I shall be constrained, as it were to cast the vote that I shall give.
Mr. HENDRICKS. I offer this amendment to the proposition of the Senfrom Iowa: And all officersof the Treasuryare authorizedand required to receiveon depositfrom all revenueolficers any currencythat is receivableaccordingto law upon tastesand public dues. If it had been possible to stand by the subTreasury system of the U.S. as estab Iished a number of years ago, I would be the last man perhaps in this body to consent to a proposition of this kind. But laws have been enacted authorizing the receipt of the national bank currency in payment of the taxes and dues to the Genera Government. Now, while this shall be received upon the taxes of the country, I cannot conceive why it shall not be received in the Treasury upon deposit; and therefore I offer the amendment.
Mr. HENDRICKS. I am exceedingly reluc tant to differ with the Senfrom Kentucky, for whose opinion I have so much respect; but I do not understand, if it be proper to adopt the amendment of the Senfrom Iowa, wh it is not proper to adopt the amendment which l I propose to his amendment. I understand the dilliculty to be just this: the amendment of the Senfrom Iowa will require the deposit in the oliiccs of the Treasury of the bills of the national banks, and existing laws do not authorize that. I understand that to be the practical trouble with this reposition. Now, if it be right to receive the ills of the national banks upon Government dues and taxes, why is it not right to pay those bills into the Treasury? That is what I cannot understand. Why are those bills to be left in the hands of a collector or in the hands of a bank? [fit is right to collect them at all they ought to be paid into the Treasury. I never dreamed until this morning but what they were payable into the Treasury. I supposed they were deposited in the Treasury like any other currency receiv able upon the Government taxes. I understand that it is claimed by the advocates of the banking system that the currency is well secured, but depositors are not secured. Now, the proposition of the Senfrom Iowa is to put on end to the system of making deposits y Government officers as far as we can in banks. I think that is desirable. At the same time it is necessary to adopt this proposition, if we adopt his. The amendment to the amendment was re jccted.
The PRESIDENT ro tempore. The nestion is on concurring m the amendment 0 'ered by the Senfrom Iowa; and on that question the yous&nays have been ordered. The question being taken by ycas&nays, resulted yous 13, nays 22; 3. So the amendment was non-concurred in. The bill was orderengross for a 3rd reading, and was read the 3rd time and passed.
Mr. SHERMAN. I move to amend the title of the bill so as to make it read, “ A bill for the payment of the public debt." It all relates to the public debt. The motion was agreed to. CIVIL APPROPRIATION BILL.
Mr. GUTHRIE. I move to take up the JtResolution (S.No.123) in relation to the settlement of the accounts of William P. Win gate, COllrCLOX‘at the port of Bangor, Maine, reported from the ComFinance.
The PRESIDENT o tampon. The civil appropriation bill, which was laid aside informally by common consent to take up the bill of the Senfrom Ohio, in now before the Senate.
Mr. GUTHRIE. Well, sir, I give way to you.,
The PRESIDENT protempera. The bill laid aside informally will now be proceeded with. The Senate, as in ComWhole, proceeded to consider the bill (H.R.No. 737) makinv appropriations forsundry civilexpenses of the Iiovernment for the year ending June 30, 1867, and for other purposes.
Mr. FESSENDLN. In order to save time, I suggest that the amendments reported by the ComFinance be acted upon us they are reached in the reading of the bill, so as to avoid the necessity of 2 readings.
The PRESIDENT protempera. That course will be taken if there be no objection. The Secretary proceeded to read the bill. The 1st amendment of the ComFinance was in section one, after line ten, to strike out the following clause: For facilitating communicationbetween the atlan tic and Pacific Statesby electrical telegraph.$40.0(X).
Mr. FESSENDEN. Perhaps I ought to explain why the committee struck that out. Under a law which we passed in regard to a telegraph company to the Pacific, we bya sort of contract declared that we would appropriate S I0,000 for ten years for this service, and this is one of the annual appropriations to meet it; but it was said on very good authority that that company had in fact broken its contract, and broken it habitually. The provision in that bill was that they should not charge over 3 dollars for a communication of ten words, I think, to California, and Iarn told that since its consolidation with the other telegraph companies of the country they charge enormousl. On a communication to California over the line they charge some 5 dollars in addition, I believe. so as to make it eight dollars in fact for a communication across t ccontinent. We thought that was an entire evasion of the law upon the subject, and that it was best to strike out this approprintion until the matter, was either correcte or explained.
Mr. MCDOUGALL. I should like to be in formed by the chairman of the committee what his information is as to these charges.
Mr. FESSENDEN. I refer the Senator to the Senfrom Ohio.
Mr. SHERMAN. I can refer my friend to his own colleague and the Senfrom Oregon, [Mr. WILLIAMS.] Perhaps they can tell the Senator as much or more about it than I can. I am informed, however, that the tax on a message to SanFrancisco is something like 8 dollars. The Senator himself wi probably know.
Mr. SHERMAN. In the charter, in the law which gives them this $40,000 annually, there is a limit of 3 dollars on a message from StJo. to SanFrancisco.
Mr. SHERMAN. Perhaps to Sacramento. We thought that char ng this enormous amount on this end of teline was an evasion of the law.
Mr. MCDOUGALL. I think from here to SanFrancisco makes the difference.
Mr. WILLIAMS. As reference has been made to me I will say that I know that the charge for tele raphing ten words from Washington to Port and, Oregon, is $10 50; and from Portland, Oregon, to Washin ton, it 18 $11 50 in gold, and the company ecline to I think I must go on Is there any limita receive anything in payment for telegraphing from Oregon to Wasliington except gold. know that this is an exorbitant charge. It has been represented that the company did not charge more than they were allowed to charge by the charter from the western bound ary of laansas to the Pacific ocean, but that the additional charges were made for the tele graph liue between Washington and the western heundary of Kansas; but I have since heard on that point, upon which I do not profess to have an knowledge, that this company is consolidatet with these other companies, and that in point of fact all these exorbitant charges go to this identical company.
Skip Skip The amendment was agreed to. The next amendment was in section one, line 17, after the word “100” to insert the words “ and 50, ” so that the clause will read: For expenses in detecting and bringing to trial and punishmentpersonsengagedin counterfeiting Treasury notes, bonds, and other securities of the U.S. as well as the coins of the U.S.,
Skip Skip The amendment was agreed to. The next amendment was in section one, line 16, after the word “extension, ” to insert “grading and fencin the grounds, &c.;” so that the clause will rearI: For completion of north wing of Treasury extension, grading and fencinggrounds, &c., 8.300, Mr. FESSENDEN. I move to amend that amendment by striking out “61c, ” and by inserting the word “and” before “grading.” The amendment to The amendment was agreed to. The amendment, as amended, was adopted. The next amendment was in section one, after line 57, to insert the following clause: For the preparation, printing and publishing. at the GovernmentPrinting office ot the report of the medicalstatisticsin the Bureau of the Provost Mar shal General to be expended under the direction of SurgeonJ. H. Baxter, 860,000.
Mr. ANTHONY. I move to amend the amendment by striking out after the word “genera” the words “to be expended” and inserting “to be prepared.” The amendment of the committee takes the whole superintendence of the business of the office, so far as this work is concerned, away from the Superin tendent of Public Printing, to whom it belong s, and gives it to this surgeon.
Mr. FESSENDEN. We have the precise language of the receding clause. It
Mr. ANTHONY. No; the preceding clause does not use the words, “to be expended under the direction, ” but “under the direction of the Surgeon General;" but I shall move, when the proper time comes, to alter that clause.
Mr. FESSENDEN. I do not know that I have any objection to the Senator’s amendment.
Mr. ANTHONY. There has been a great deal of difficulty from various officers who are intrusted with making reports interfering in the way in which they shall he ublished, as unin structed men naturally made them of much more expense to the Government.
Mr. I‘ESSENDEN. Who will settle the 'question as to the style of it?
Mr. ANTHONY. The Superintendent of Public Printing is the man to settle that question.
Mr. FESSENDEN. As to the style of the reggrrt.?
Mr. ANTHONY. Of course he would do it on consultation with the proper officer, but he is the only one who knows the way in which it should be done.
Mr. FESSENDEN. I will not object to the amendment.
Mr. ANTHONY. There is one otheramend inept that I will suggest to the Senfrom Maine. The expenditure in the preceding clause of $60,000, and I suppose it is the same with regard to this amendment, is for the whole cost of the work.
Mr. ANTHONY. And so is the 1st. As the clause was originally reported to the HoRep, the words “at the government Printing Office” were not in, and the idea was to have this work printed in Philadelphia or outside somewhere; but the House very properly directed it to be done at the Government Printing office} but did not alter the amount. I do not know that there will be any harm in voting that amount, but it will not require anything like that. The appropriation iaor the Printing Office comes under the general appropriation, and it requires no s eeial appropriation except for the work which the Surgeon General will have to do, which, I suppose, a few 1,000 dollars will cover.
Mr. FESSENDEN. Then that same reason would apply to the 2nd clause appropria ting $60,000.
Mr. ANTHONY. I should suppose that $10,000 would be enough there.
Mr. FESSENDEN. We supposed this would cover the two.
Mr. ANTHONY. This covers the entire printing, in fact, of the Surgeon Generafs report. There is a typographical error in the clause. It speaks of the “ rst volumes of the Medical and Surgical History; " it should be the “ 1st volume.” The cost of the 1st vol ume we estimated at $50,000 when the resolution was before the ComPrintg; but it is now made $60,000.
Mr. FESSENDEN. If the Senator will make the amendment he proposed to the 2nd clause, we can look at the other afterward.
Mr. ANTHONY. Then I move to strike out, in lines 60 and 61 of the amendment, the words “to be expended ” and to insert “the report to be prepared, ” so that it will read: For the preparation, printing, and publishing. at the Government Printing Office, of the report of the medical statistics in the Bureau of the Provost Marshal General.the report to be preared under the direction of SurgeonJ. H. Baxter, 60,000. The amendment to The amendment was agreed to.
Mr. HARRIS. I should like to have some exlanation of this provision. It seems to me ratier extraordinary. We have here, in the 1st place, a provision for expending $60,000 fort e publication of a medical and surgical histor of the rebellion by the Surgeon General. That can understand ver well. The ro priety of iIt can understan very well. ow, we have got a sort of counter provision for expending an equal amount of money for ub isliing medica statistics, which I should t iink come under the same head, by a Surgeon Bax ter, of whom I never heard an entirely differ out a air, it seems. Now, is it important that we should have these 2 medica works? I merely ask for information. The proposition seems to me to he a novel one.
Mr. FESSENDEN. The 2nd will an doubtedly be avery valuable work, as valuable as the 1st. They are not of the same character. The one consists of surgical operations and discoveries which have been may e, which are considered of very great interest in the profession; the other is a collection of statis tics of the health, age, height of the men, and everything kept in the Provost Marshal generafs Office from the beginning of the war, and is said by competent authority to be of very eat value and interest. This surgeon, Mr. axter, has been the person who has been engaged in preparing it, and who has had the care and charge of it, and I so pose that he looks upon it as a matter of onor that he should be allowed to finish the work. He is a young man of abilit, and a young man of great zeal, and has one this work himself in the office of the Provost Marshal General, where alone it ought to be done. He has been employed there for years in the preparation of this work, and has brought it almost to a state of completion.
Mr. FESSENDEN. It was recommended by several gentlemen who were acquainted with him and knew the facts about the work. The result is, as I understand, that if this is not done, the same amount will be expended for doing it in another direction, and it was'deemed to be butjust to Surgeon Baxterthat he should continue to have the supervision of the work until it was completed. That is the only question about it. the only question is, whether after having given the in or of 3 years, constant, unremitted, and able. to this work, it shall be taken from him and put into the hands of somebody else just at the time when it is brought to a conclusion.
Mr. HARRIS. I will inquire whether this has the a probation of the Surgeon General.
Mr. FbSSENDEN. No, sir, I think not; because the Sur conGeneral would like to take it into his own ands, and it was not deemed just or right that he should take it.
Mr. HARRIS. Has it the approbation of the Provost Marshal General?
Mr. FESSENDEN. I understand that it has, and also of a number of gentlemen who understand the whole question well. It was brought to the attention of the committee, and they were unanimousin thinking it ought to be done.
Mr. ANTHONY. It is very plain, I think, that these 2 publications are in some degree rival publications.
Mr. FESSENDEN. No; they are of a different character entirely.
Mr. ANTHONY. I know that the idea of the Sur conGeneral was to pg‘nt 5 volumes. This bilI provides for the 1st volume, and one of the volumes was to contain tabular state ments of the same nature as those that I suppose are provided for in the amendment, of the committee. I have no doubt from what has been said that this Surgeon J. H. Baxter should have the charge of that portion of the Work; but I think it is unnecessary and unad visable to make 2 works.
Mr. EDMUNDS. If the Senator will allow me, I desire to suggestthat the Surgeon General has in his dept no records or statistics whatever touching thesubjectof the physical examination of men for admission into the Army, which shows thestrength of this nation. Allthat he has is records touching the diseases of the Army, men who have been admitted and who have becomethe victims of diseaseor of wounds. Therefore, the 2 species of statistics, so to speak, have no opposition to each other and no duplication of each other. The one relates to the physical condition of this whole nation, as shown by these examinations of men, both admitted and rejected; while the Surgeon generafs office, from the very nature of the case, only has the records of the wounds and diseases of the soldiers actually in service; so that there is no incompatibility or hostility in the 2 matters whatever.
Mr. CONNESS. That is entirely true, as stated by the honorable Senfrom Vermont; but I presume that the records belong to the Government, and that when the Government is about providing for a medical history of the rebellion, under the direction of the Surgeon General, we can if we see lit (and it appears to me it might be done with great propriety) transfer the data described by the Senator, which I know exist and come from another source, to the Surgeon Generafs office, so that the whole publication may be made together. There is no necessary inconsistency in doing that, because of the differentsources from which the information comes. It occurred to me before the Senfrom RhdIsland called attention to it that it looked very much like the character of a separate jobto provide for this 2nd publication. I happened to be one of a number invited to confer in 1864 in the War Dept on the subject of the disabilities of men entering the military service or called upon to enter the military service, and understand very well the diirerence in the sources of the information as well as the difference in the class of information; but the are, neverthe less, statistics of the same kin and character; one simply going to the fitness or unlitness of men for the Army, and the other to wounds and disabilities received in the service.
Mr. FESSEI'DE'. There will be no difficulty about that; they can arrange that between them.
Mr. ANTHONY. I am afraid that they cannot arrange it between them. It looks to me as if there was hostility between the surgeon General and this sur con.
Mr. FESSENDEN. This will give each man the credit that is due to him. Mr ANTHONY. Butif each man is to print his portion under his own direction
Mr. FESSENDEN. They are only to prepare it. We put it all under the direction of the Superintendent of Public Printing, and that matter will be arranged by him.
Mr. ANTHONY. If they have their own way, they will have 2 volumes just as different as they can make them with type and paper, no doubt.
Mr. SHERMAN. I think it would be well enough to adopt the idea of the Senfrom RhdIsland and require that this should be printed in connection with the report of the Surgeon General printed in the same style and bound in the same manner as the report of the Surgeon General.
Mr. ANTHONY. If the work is all completed, why do you want an appropriation of $60,000?
Mr. FIESSENDEN. I do not know whether it will all be needed or not. That we shall inquire about before it gets through. Let the amendment stand as it is now, and of course nothing will be expended that is not necessary; it is under the direction of the Superintendent of Public Printing. The amendment, as amended, was agreed to. The next amendment of the ComFinance was to insert after line 68 of section one the following clause: For repairsof the customhouseand postofficeand the walks and fencesadjoining the51111i1n8M, iddle town, Connecticut.$5.000t, he someto be expended under the direction of the SecyTreasury.
Mr. FESSENDEN. That is a transfer from the end of the hill where the item is impro crl placed. The committee were satisfied t atit was advisable to make the ex.enditure. The amendment was agree to. The next amendment reported by the ComFinance was to strike out the following item, from line 244 to line 250, of section one: For compensationto the ComrGLO and chief clerk (to be iitpportioned the SecyInterior) in L‘ODSIoration of the increased dutiesdevolving on thein from June 7. 1865t.o deccmber31, 1865i, n connection with the census 01'18608.1.750.
Skip Skip The amendment was agreed to. The next amendment was to strike out the following item, from line 272 to line 270 5, of section one: To enable the comrPubBldg to employ a suitable electrician to take care of and operate the lighting apparatus of the dome of the Capitol, at a salary of $1,50oper nnnum, 81.5%.
Skip Skip The amendment was agreed to. The next amendment was to insert after line 2 liuntfred and 75 of section one, “for pavement in part in front of the War and Navy Depts to be replaced with stone fla' ‘ing, $13,000.” e amendment was agreed to. The next amendment was to insert after line 374 of section one, “for watchman for Franklin square, $000.”
Skip Skip The amendment was agreed to. The next amendment was‘to insert the following clause after the item just adopted: For the compensation of 8 extra clerks in the office of Indian Affairs. under the acts of August 1854.March 3.1855, and March 3.1365, for the fise year endingJuno 30, 1867$, 11, 200.
Skip Skip The amendment was agreed to. The next amendment was to insert after the previous item “ for the continuation of the work upon the nerth portico of the Patent Office building, $50,000.”
Skip Skip The amendment was agreed to. The next amendment was to insert the following clause after the one just adopted: For additional contingentexcrisesof the North, eastExecutive Building or the uilding occupied b the SecyState. including extrawatchmenan laborers, $300.
Skip Skip The amendment was agreed to. The next amendment was.to insert after the item just adopted the followmg: For salariesof commissioners and cran act to provide for the revision and consolidation of thostatuta laws of the U.S., approved Junc 27, 1866, and for clericiil serVicos.an other incidental expepses, the printing to be done by the Government printing officc.525,000.
Skip Skip The amendment was agreed to. The next amendment was. to insert the following item after the clause just adopted: To enablethe superintendentof Indian adminfor California to collect information and testimonyin regard to the claim of GeorgeMedougul tor'beet‘ furnished Indians in the lower part of Culilornia in the year 1862, 8500 or so much thereof as may be ‘necessary.
Skip Skip The amendment was agreed to. The next amendment was to insert after the item just adopted the following: buFioldrintgheatpSutr.cPhaausle.of a site and the erection of a Minnesota.for a customhouse, post.ollicc, the accommodation of the Federal courts, and other necessary Governmentpurposes.the some to beexpendedunder the direction of the SecyTreasury. $100,000.
Skip Skip The amendment was agreed to. The next amendment was to insert after the previous item the following: Fer tbo payment of temporaryclerks of the 1st class in the officoof the ComrPensions, under the direction of the secyInterior. for the fiscalyear ending June 30.1867$, 250”.
Skip Skip The amendment was agreed to. The next amendment was to insert after the previous item the following: creTtoioenn, atbolreetnhtes SecyInterior. at his disthe vicinity of the Dept for the useot‘thaPenSiqnOflico as may be ccmednecessaryfor the transaction of the business of that office, $3,000.
Skip Skip The amendment was agreed to. The next amendment was to strike out from line 483 to line 496 of section one, in these words: Providencehospital DistCol: I{orthe purpose of aiding in the erection of an additional building to the Providence hosgrital, in the city of Washington. $30,000 Provided, but if the said propertyshould ever be sold or diverted from Itho uses expressedin the act of Congressentitled c'i tAynnot to incorporate Providence hospital. of the of Washington, DistCol, " approved April 8, 1864.tbenthe sum of $30,000shall he 1st gaid out of the proceedsthereof into the U.S. treasury to reimburse thesumherebyappro.
Mr. FESSENDEN. The ComFinance recommended the striking out of that clause. for the reason that there was no plan before them and the did not know that one had been drawn, on they had no estimates and no proper information to guide them in regard to it. The provision seemed to be very loosely drawn. Since then the members of the committee have looked into it, and they have come to the concluSion that it may be as well to retain the clause, on the information they get, with this proviso inserted after the word “dollars, '7 in line 486: Provided, That no portion of saidsumshall beso expended until the p on of said building is ted to submit shall ctchretifayrcthhaittect of the Capitol extension and he it is wcll adapted to the purpose contemplated, and that its costwill exceed$60,000; and the saidsumof $30,00sohall only be old in in stallments us an equal amount derived roin other ssoauid rebeusilsdhinalgl beexpendedin said building. And the is herebydedicatedto thorolief of sick and indigent personswithout distinction as to creed or color, and shall remain under the careof the Sisters of Charity iis incorporatedunder the actentitled c"i tAynoaf cWtatoshiinncgotropno, Dist Col, p"itnaplpinrotvhced Aprils. 1804.
Mr. MORRILL. The one alluded to by me is not only incorporated but actually in existence and in operation, and has some 20 patients.
Mr. FESSENDEN. I do not see any reason why this should have preference. I certainly should object to the amendment my colleague says he shall propose if this passes. I do not think we should go to so very great extent as to do everything that is to be done for the city. This is a very good institution; but it may not be known to Senators that ever since it has been in operation we have appropriated $6,000 a year for the support of certain patients in it, and $12,000 last year, and again in this very bill there is an appropriation of $12,000 to pay for the actual support of patients there, so transient persons who are dependent on the Government. Whether this should be done or not is a matter for the Senate to decide. The committee decided to strike out the apprOpriation, and afterwards a majority of the committee decided to let it go with this proviso which has been drawn by the Senfrom Ohio. It is a matter in which I have of course not the slightest feeling of any kind or descrition. It is a matter rather for the Senate to acids upon the general principle whether they will go into these expenditures and pay large sums of money for the erection of provident institutions in this District. Each Senatorisas competent to decide the matter for himself as is any member of the ComFinance. We found it there, we decided to strike it out, and then afterwards in the way I spoke of concluded to let it remain in on getting more information. The question is on concurrence with the committee in striking out this approprialion.
Mr. GUTHRIE. This Providence hospital is under the management of the Catholics, this being a Catholic community. It is the cheap est managed of any institution of this kind I know of, and indeed the Catholic institutions generally are very cheaply and provideutly managed. I suppose that with the exception of the Government patients, who are aid for out of appropriations we make, theyta e care mostly of the poor of their own persuasion who fall into their hands, and they are remarkable for their kindness to their own people; and mostly, I believe, those who have fallen into their hands are Irish. Now, as the government of Washington city is in Congress, and such institutions as the Providence hespital are necessary in all cities of this size, I see no real objection to the Government aiding in extending this institution, particularly after it has been found useful and1 beneficial to the community. I feel disposed to vote for this appropriation. It received the sanction of a very keen committee in the other House, and they sent it here without the guards we now propose to put around it. I am sorrythe Senfrom Ohio [Mr. SHERMAN] is not present. He has taken more interest in this question and is better acquainted with these good Sisters and the facts of the case than any other member of the ComFinance.
Mr. FESSENDEN. perhaps we had better pass this amendment over til tomorrow, and not act on it now in the absence of the Senfrom Ohio.
Mr. DOOLITTLE. I desire to move for an executive session.
Mr. FESSENDEN. I hope the Senfrom Wisconsin will defer that motion until the reading of the bill is concluded. There are only 9 or 10 pages more to be read andh most of the amencments are through lt.
Mr. FESSENDEN. I propose that the amendment be passed over for the present.
The PRESlDING OFFICER. No objection being made the amendment will be passed over.
The Secretary read the next amendment of the ComFinance, which was to insert after line 494 of section one the following: To enable the Commissioner of Public Buildings to reimburse the corporatic nof Washington for expenspsincurred in improving streets and avenues passingthrough arid by propertyof the generalGovernment.847.2058.
Mr. FESSENDEN. Let that amendment also be passed over. It is a matter in which the Senfrom Ohio has an interest.
The PRESIDING OFFICER. The amendment will be passed over. The next amendment was to strike out lines 507 and 508 of section one, in these words: For contingent fund for JtCommee on Library 85.000.
Skip Skip The amendment was agreed to. The next amendment was to insert after line Very well. 508 of section one the following: For an additional appropriation. to be expended under the direction of the JtCommee on the Library. to decoratethe Capitol with such works of ar tas may be ordered and approved by said commiebgc. As provided by act approved August 18, 1856.
Skip Skip The amendment was agreed to. The next amendment was to insert after the previous item: For additional compensation of 3 laborerscm ijlaonyucudryin 1t.1h8e6C6$o0n4gore; asnsdiotnhaelLciobmra prye.nscaotmionm of nacmin laborers is herebyfixed at $72)per annum.
Skip Skip The amendment was agreed to. The Secretary continued the reading of the bill to the close of the appropriations for “ surveing the public lands.’
Mr. HEL DRlCKS. I wish to inquire of the chairman of the Committee on Fiuaiice to what extent the estimates for public land surveys in the Territories are reduced. My impression is that these appropriations are so small as reall to be of no service.
Mr. FESSENDEN. These items are accordin to the estimates, I think.
Mr. HENDRICKS. The full amount of the estimates?
Mr. HENDRICKS. I think that must be a mistake.
Mr. STEWART. There have been several bills passed creating land districts and surveyor generals’ offices in the Territories since the estimates were made, so that reall there is a demand for more surveying than there was at that time. I have written to the Commissioner calling attention to the fact, and tomorrow morning I expect to have some information on the subect.
Mr. HENDRICKS. If the appropriations are according to the estimates I have no suggestion to make: The Secretary continued the reading of the bill to the last item of section one, which is in these words: For the Governmentbuilding at Portland. Maine used as postoffice customhouso and for the U.S.courts.lntely destroyedor renderedworthless by fire. to repair or rebuild the same as may prove mostadvisabe. 8100.00o0r. so much thereof asmay be necessary.to be expended under the dircction of the SecyTreasury.