Mr. HARRIS. I ask the Gentfrom Iowa. [Mr. Wilson] to withdraw the call for the previous question.
Skip Skip The motion to refer the resolution to the ComJudiciary was agreed to. Mr. WILSON, of Iowa, mtRtv the resolution was referred; on the table. Agreed to.
The SPEAKER. The next businessin order is the call of States and Territories in inverted order, commencin with the Territory of Men tana, for the introduction of resolutions. MONTA A TERRITORIAL LIBRARY.
Mr. McLAIN presented a oint memorial of the Territorial gislature of Montana, asking Congress for an appropriation for a terrr. torial library, and for other purposes; which was referred to the ComTerritor, and ordered to be printed. ANNEXATION TO IDAHO.
Mr. McLAIN also presented a joint memorial of the Territorial Legislature of Montana, protesting against a JtResolution asking for the annexation of a certain portion of said Territory to the Territory of pIdaho; which was referred to the ComTerritor, and ordered to be printed. PUBLIC BUILDINGS IN NEBRASKA.
Mr. HITCHCOCK introduced a bill approprinting certain proceeds of internalrevenue in the Territory of Nebraska, for the purpose of erecting a penitentiary and completing the capitol in said Territory; which was read a 1st and 2nd time, referred to the ComTerritor, and ordered to be printed. CONSTRUCTION OF WAGON ROAD.
Mr. HITCHCOCK also iutroduced a bill to provide for the construction of a wagon road from Columbus, Nebraska, to Virginia City, in Montana Territory; which was read a 1st and 2nd time, referred to the ComPubLands, and ordered to be printed. MAIL ROUTES IN NEVADA.
Mr. ASHLEY, of Nevada, presented resolutions of the Legislature of the "tate of Nevada in favor of the establishment of a daily mail between the city of Austin. in the county of Lander, and Silver Peak, in Esmeralda county, in that State; which were referred to the comPostOffice, and ordered to be riuted.
Mr. ASHLY, of Nevada, also presented resolutions of the legislature of evada in favor of a weekly mni from Ione to Crystal Springs, in said State; which were referred to the comPostOffice, and ordered to be printed. BRANCH MINT IN NEVADA.
Mr. ASHLEY, of Nevada, also presented resolutions of the Legislature of Nevada in relation to the building of a U.S. mint in Carson City in said State; which were referred to the ComWays&Means, and ordered to be printed. JEFFERSONDAVIS.
Mr. ASHLEY, of Nevada, also presented resolutions of the Legislature of hevada in relation to the trial of JeffersonDavis; which were referred to the ComJudiciary, and ordered to be printed. SALE OF MINERAL LANDS.
Mr. ASHLEY, of Nevada, also presented resolutions of the Legislature of Nevada on the subject of the sale of mineral lands; which were referred to the ComPubLands, and ordered to be printed. CLAIMS FOR uonsns.
Mr. WHALEY introduced a bill in relation to claims for horses turned over to the U.S.; which was read a 1st and 2nd time, and referred to the ComMilAffrs. JUDGMENTS of COURTS MARTIAL.
Mr. BIDWELL submitted the following resolution; which was read, considered, and agreed to: Resolved, That the ComMilAffrs he requested to inquire into the propriety of provrdmg that hercafler whenever any personsubjectto e Rules and Articles of War like 1 ctried by courtmartial foriuiy allo edolfense,: iiid the finding of the court shall hethatt opersontried isnot guilty of the charge or charges against him, the president and judge advocateor recordero1 the court shall give a written certificate of acquittal to the seemed, who shall then be released from arrest or confinement. INTERNALREVENUE FRAUDS.
Mr. HIGBV. I offer the following resolution, upon which I demand the previous question: Whereiisit is alleged in responsiblepublic journals and elsewherethat in the enforcement of thfx revenue laws at the customhousesin Boston and h NewYork, and the adiustinent of claimslbr the violation thorcof, frauds have been committed upon the U.S and parties involved in said alleged violations; and whereas it is iulikemanuer alleged thatsimilar frauds have been committedin the enforcement of the internalrevenue laws, and in the adjustment of claims for the violation thereof inpaid cities: Therefore coolest, That the ComPubExpenditures be instructed to investigate all such a leged frauds and that for that purpose they be authorised to sendfor personsand papers, and if necessary.to sit during the recessof Sign ress, at such placeas the shalldoem most economica and efficient, and bysuc number, not exceedin 3, of said committee, as they may deem advise le.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the resolution was agreed to. Mr. HIGBY mtRtv the resolution was adopted; upon the table. Agreed to. CLAIMS AGAINST VENEZUELA.
Mr. DRIGOS submitted the following resolution; which was read, considered, and agreed to: Resolved, That the SecyState be requested to furnish this House with nlist of the claims ofciti sons of the U.S. now pending in the U.S. legation at Caracasagainst the U.S. of Venezuela with a brief indication of the causesof complaint, and the reasonswhy payments have not been enforced during a long seriesofycars, and what measuresare necessaryto ring those long deferred claims to a speedy close. Mr. DRIGGS mtRtv the resolution was adopted; upon the table. Agreed to. StJoSEPH MISSOURI.
Mr. LOAN introduced a bill declaring StJoseph, in the State of Missouri, 0. port of delivery; which was read a 1st and 2nd time, and referred to the ComCommerce. StLouis WHARF.
Mr. BLOW introduced a bill to allow the extension of the wharf at StLouis, Missouri; which was read a 1st and 2nd time, and referred to the ComMilAffrs.
The SPEAKER. The morning war has expired. RECONSTRUCTION
Mr. STEVENS. I move that this JtResolution be postponed until Tuesday of next week after the reading of the Journal, and be made the special order for that day, and from day todday until disposed of, and that it be printe.
Mr. NIBLACK. I desire to inquire whether this report of the ComReconstruction is intended to supersede the special reportlatcly made in reference to the State of Tennessee; or whether that special report is to be 1st considered and disposed of before this shall be reached.
Mr. STEVENS. This does not supersede that; if the House shall choose, that special report can be taken up at any time. I move that the JtResolution iist reported he made the special order for Tuesday of next week after the reading of the Journal, and that it be printed.
Mr. ROSS. I have no objection to this being made the special order at the time indicated, subject to the prior consideration of the tariff and revenue bills, if they come up
The SPEAKER. This must preevmioaudsely. a special order or not; it cannot depend upon a contingency.
Mr. STEVENS. I move to suspend the rules for the purpose I have named.
Skip Skip The question was taken; and upon a division there were a cs 89, noes 20., Before the rose t of the vote was announced, Mr. ANCONA called for the ycas&nays. The ycas&nays were ordered.
Skip Skip The question was taken; and it was decided in the allirmative yeas 107, nays 20, not voting 56; So the motion to suspend the rules was agreed to, 2/3rds voting in the affirmative. During the roll call, Mr. THAYER said: M colleague, Mr. ONEILL, is detained from the House in conl Ii 41 sequence of indisposition; he is paired on all political questions with my colleague, Mr. RANDALL Mr. ANCONA said: My colleague, Mr. JOHNSON, is paired with Mr. Hoorna, of Massachusetts. The result of the vote was announced as above.
Skip Skip The question was taken upon postponing the further consideration of the JtResolution lill Tuesday of next week, after the reading of the Journal, and making it the special order for that day, and from day today until disposed of; and it was agreed to. The JtResolution was ordered to be printed.
Mr. STEVENS. I am also instructed by the JtComReconstruction to report a bill to provide for restoring the States lately in insurrection to their full political rights.
Mr. STEVENS. I move that the further consideration of this bill be postponed till Wednesday of next week, after the reading of the Journal, and be made the special order for that day, and from day today until disposed of, and be printed.
Mr. STEVENS. I move that the rules be suspended for that purpose. he question was taken; and 2/3rds voting in the affirmative, the motion was agreed to. The bill was accordingly postponed until Wednesday of next week, after the reading of the Journal, and made the special order for that day, and from day today until disposed of, and was ordered tobe printed.
Mr. STEVENS. I am further instructed by the same committee to report a.bill declaring certain persons ineli ible to office under the GOVGITHHUIH.of the U.S. The bill was read a 1st and 2nd time. It is as follows: A bill declaring ccrtain persons ineligible to offico under the Government of the U.S. Be it enactedbythe Senate and HoRep the U.S.A. in Congress assembled. but no person shall be eligible to any office under the Government of the U.S. who is included in an of the following classes.namely: I. The presi cut and VEEP of the confederate Statesof America, socalled, and the heads of Deptsthereof. 2. Those who in other countries acted as agentsof o confederate Statesof America. socalled 3. Heads of Deptsof the U.S. officers of the Army and Navy of the U.S and all personseducatedat the Military or Naval Academyof the U.S. judgesof the courts of the U.S and membersof either House of the 36th Congressof the U.S. who gave aid or comfort to the late rebellion. 4. Those who acted as offidursof the confederate Statesof America. socalled. above the grade of colonel in the army or masterin the navy and anyone who. as Governor of either of the so culled confederate States.nave aid or comfort to the rebellion. 5. Those who have treated officers or soldiers or sailors of the Army or Navy of the U.S. capturedduring the latewar. otherwisethan lawfully asprisonersof war.
Mr. STEVENS. I move that the further consideration of this bill be postponed until Thursday of next week, after the reading of the Journal, and be made the special order for that day, and from day today until disposed of, and that it be printed.
Mr. STEVENS. I move that the rules be suspended for the purpose of making it a spe cia order for Thursda week next.
Skip Skip Mr. ELDRIDGE demanded the yens and ns 5, and tellers on the yeas&nays. ellers were not. ordered, and the yeas and an s were not ordered. 1he rules were then suspended. The bill was ordered to be printed, and made the special order for Thursday week next, after the morning hour.
Mr. STEVENS. I am directed by the committee tosay that it is designed, as soon as the testimony is printed, that a short report will be made by the committee in furtherance of the objects now reported. APPROPRIATIONS FOR FREEDMENS BUREAU.
Mr. STEVENS. I ask the unanimous consent of the House to report from the ComAppropriat a bill making appropriations for the uses of the Bureau of Refugees, Freedmen, and Abandoned Lands, for he fiscal year commencing January 1, 1866, and that it e referred to the ComWhole on the state of the Union, and made the special order for tomorrow after the morning hour.
The SPEAKER. The committee have a right to report for commitment, but not for action. The bill was read a 1st and 2nd time, referred to the ComWhole on the state of the Union, ordered to be printed, and made the special order for tomorrow after the morning hour. confiscation.
Mr. STEVENS. I present a substitute for House bill No. 63, to double the pensions of those who were pensioners by the casualties of the late war, and to pay the damages done to loyal men by the rebel government and rebel raiders, and to enforce the confiscation laws so as to pay the same out of the confiscated property ot the enemy and ine ve that.it be printed. There was no objection, and the substitute was received and ordered to be printed.
Mr. S EVENS. I ask unanimous consent EOFllbmlL the followmg resolution calling for information: Where the house did. by resolution dated March 5. ltd). ltlllllirl the President to inform them how many pardons had been crantrd by him. to whom and for what offenses and how inuc forfeited property had been restoredtorebel ownersmnd to whom. toBwohiilch no answer has ctheen returned: therefore. resolved, That the President be requestedat l his earliest convenience to communicateraid information, as it is neededfor the purposesof legislation.
Mr. ROSS. I object. LIQUOR IN THE CAPITOL.
Mr. GRINNELL. Mr. Speaker, my colleague, Mr. PRICE] who has been called away, desued should move, which I do, that he be excused from further service on the committee of conference in reference to the sale of liquor in the Capitol. The motion was agreed to; and the Speaker apointed Mr. GRINNELI. to fill the vacancy. Er. WENTWORTH.
Mr. RANDALL, of Pennsylvania, stated to me that he would be absent today, and I move that he be excused from further service on the same committee. The motion was agreed to; and the Speaker appointed Mr. Dawsox to fill the vacancy.
Skip Skip LEAVE OF ABSENCE. On motion of Mr. BERGEN, leave of ab sence was granted to Mr. TABER for one week. On motion of Mr. NICHOLSON, leave of absence was granted to him for ten days. On motion of Mr. THAYER, leave ofab sence was granted to him for one week. a" A PAIR. Mr. ELDRIDGE stated that he understood Mr. Rooiziis was paired with Mr. Hvmunu. RIVER and HARBOR BILL.
Mr. ELIOT moved that the ComWhole on the state of the Union be discharged from the further consideration of the river and harbor bill. Objection was made.
Mr. ELIOT. I move to suspend the rules for that purpose.
Skip Skip The question was taken; and there were, upon a ivision ayes 72, noes 28. So the rules were suspended, 2/3rds voting in the allirmative, and the ComWhole was discharged from the further consideration of House bill No. 492, being the river and harbor hill. The House proceeded to consider the bill, which was read in full. “ITHDRAWAL oppAPERS.
Mr. BRANDEGEE, by unanimous consent, obtained leave to withdraw from the files of the House the papers in the case of Marchant 8: Co., and P. Igosecrans, leaving copies of the some. PROVOST MARSHAL GENLFRY.
Mr. BLAINE. Will the Gentfrom Massachusetts [Mr. Euor] yield to me a moment?
Mr. BLAINE. I hold in in hand a letter from Provost Marshal Genera Fry, which I ask to have read at the Clerks desk for the doublepurpose of vindicatiu myselffrom the charge of iaving stated in ebate last week what was false, and also for the purpose, which I am sure will commend itself to the House, of allowing fair play to an honorable man in the same forum in which he has been assailed.
The SPEAKER. It requires unanimous consent to have it read. Is there objection 7
Mr. CONKLING. I infer that this has some reference to me. I shall make no objection provided I may have an opportunity to reply to whatever the letter may call for hereafter. Mr. STEVENS. I hope this will be iost poned until we get through this bill. Ioject to interrupting it in this way.
Mr. BLAINE. I move to suspend the rules to allow it to be read.
The SPEAKER. The House is now engaged in the consideration of a bill brought up under a suspension of the rules; it cannot, therefore, suspend the rules to consider another matter. RIVER and HARBOR BILL AGAIN.
The Clerk read as iollows: OFHER Sr. Lours LEAD sun 01!.Conraar, 142Sacusi) Sriiiziii. Uoiissa Wrisuixoros Avssua, StLouis. April 26, MY Data Sin: I am in receipt this morning of a lteiottnerre (gla0r8d1in7g1p1ur1iee 2steonttrraantsemsaitt ttroeyigohutssiormome SintJliioiruniisii to NewOrleans, the The presentrates by steamerson grain and flour to NewOrleansare: 18 to 20 centsflpt rbushel foIr grain and 70centsperbarrel for ear, am interestedin a companylately iorined tor the purpose of transporting treight by barges towed by owurtul tow boats. Within the past 3 weeks we are sentout 3 towsof about4000 tons each, and have beensplendidly successful. A prejudice has always existed union: our steamboatmen and underwriters against this methodof transportirtion, but it has been entirely eyercouieby the aston ishingly successlul operation ofour theory; our boats making their trips in perlect safety and in less time than is generally reaired by assengersteamers. We are now taking reight to how Orleans at titty cents perbarrel for flour and 12 to 15 cents per bushel for grain and if the navuzation of the upperMississippi was not obstructed by ll) p1la1n8d the lower river by snags and sawycifs, it con] undoubtedly becarried at these prices With profit, from StPaul to NewOrleans, over 2000 miles. The advantageto the whole countrybythis method of transportation can readilybe perceived and its obpyethraetionse an begreatly tncilitated and chcapened I improvements contemplated in your bill: and cannot conceivehow any person having the interestsol the whole country sincerely at heart could for a momentopposeit. Yours, truly, W. H. PULSIFERZ Hon. T. D. Euor, M. C., Washington, D. C.
Mr. ELIOT. The produce of the 5 States of Illinois, Missouri, Wisconsin, Iowa, and Minnesota in 1865 in cereals and potatoes was in bushels, 466, 629, 652. The produce of the same articles in the 9 States of Maine. NewHampshire, Vermont, Massachusetts, RhdIsland, Connecticut, NewYork, NewJersey, and Pennsylvania, was 321, 494, 367 bushels. That is to say, the 9 eastern State produced less than the 5 Mississippi States by 145, 131, 285 bushels, and yet Illinois, the oldest of the live States named came into the Union in 1818, Missouriin 1821, Iowa in 1846, Wisconsin in 1348; while Minnesota did not begin to be a Territory until 1849, and was not a State until 1857. [Here the hammer fell.]
Mr. RICE, of Maine. I move that the time of the Gentfrom Massachusetts [ML Euor] be extended for 15 minutes. No objection was made.
Mr. ROSS. I ask the Gentfrom Massachusetts to yield to me thatimay offer an amendment.
Mr. ROSS. I desire to move to amend by inserting at the end of line 88, page 6, the following: That $2 00.000bapopropriated for theimprovement of the Illinois river.
Mr. ELIOT. I cannot yield to allow that amendment to be offered. As gentlemen around me are pressing me to permit amendments, I ought. to say that the bill contains no appropriation which does not rest upon carefu estimates made at the War Dept and upon recommendations which have emanated from there. I want to say, further, that there is not one point concerning which petitions have come from the people, so that the ComCommerce has had jurisdiction of the question which has not been carefully examined; an I believe that in every instance where the people have desired the action of Congress, and where it has been possible to obtain from the Dept such estimates as would enable the committee to determine with an accuracy what was wanted, a reprintions have been reported. But it would not do to open the hill to amendments which are loose in their form and founded on mere guess work.
Mr. DONNELLY. I ask the Gentfrom Massachusetts to yield to me for an amendment which I can explain in afew words, and which I think will not be objectionable to the gentleman.
Mr. PIKE. I desire to offer an amendment of the same character. It is to insert, “of the StCroix river above the Ledge.”
Mr. ROSS. I desire to move an amendment of the same nature, to add, “from the mouth of the Illinois river to LaSalle.”
The SPEAKER. These different propositions will be considered as one amendment. The amendment was read, as follows: Insert after the word “Maine.” in the 16th line of the 4th section.the following: At Zumbro river. Minnesota: at Cannon river, Miiinesota: of the harbor and the mouth of the 18 Mile creek, at Olcott.NewYork; of the StCroix river abovethe Lodge; from the mouth of Illinois river to LaSalle.
Mr. ELIOT. Ine w call the previous question.
Mr. SPALDING. I ask the gentleman to giva way that I may offer a provisowhieh Will not interfere with these appropriations. propose to insert at the end of the bill the following: Provided. That the SecyWar shall at all times be authorized to place the public works of the U.S. mentionedin this act in chargeof customhouse officers or other agents of the government living near to said works respectively.who shall protect the samefrom uiiwarrnntablo obstructions or injuries of any kind, without additional chargefor their services.
Mr. ELIOT. I cannot possibly yield for and in many cases intmate, and with the that amendment. It proposes wholly new legislation. lhe previous question was 2nded and the main question ordered; and under the operation thereof the amendment was agreed to.
Skip Skip The bill was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time. Mr. ELIOT demanded the previous question on the passage of the bill. The previous question was 2nded and the main question ordered; and under the operation thereof the bill was passed. Mr. ELIOT mtRtv the bill was passed; upon the table. Agreed to. PROVOST MARSHAL GENLFRY AGAIN.
Mr. BLAINE. I ask to send to the Clerks table to have read the letter the reading of which was objected to this morning.
Mr. CONKLING. I do not object, but only ask, if the matter relates to me, to have opportunity to reply.
Mr. BLAINE. I wish to repeat what I said before.
Mr. ROSS. I object to the Gentfrom NewYork making a speech.
Mr. CONKLING. The gentleman does not want a letter to be read relating to a member and then not permit that member to reply.
Mr. BLAINE. I want this letter read for the double purpose of vindicating myself from the charge of having made an untruthfiil statement on this floor, and to give, in the broad American sense, fair play and opportunity to a worthy officer to be heard in a forum where he has been assailed. I wish further to say that if, on investigation, I had found I was in error in the statement I had made touching the member from the Utica district of NewYork [ML Cosxuso] and Provost Marshal Genera Fry, I would. mortifing as it would have been, apologized to the I douse. Whether I was in error or not I leave to those who hear the letter of the provost Marshal General.
The Clerk read as follows: Wm Dana rumor. Paovosr MARSHAL GINeGrmTOaNn, AspmBUl2R7E.la8U66. Sin: I have to thank you for repelling is you did, in the HoRep, on the 27th instant, the very extraordinary assault upon me by Hon. Rose oeConklin. of NewYork. It was adefenseof me in a forum where I had no opportunity to be peronally heardhand I am enable to say that.your as sertionstouching Mr. Conklings difficultieswith this bureauareamply and completely iustified by the facts which this letter Will disclose. Myoficial intercourse with Representatives in congressduring the past 3 years has been confipint so or! exception of Mr. Conking. it has been marked. so far as I remember.bymutual honor and fu irdealing. Mr. Conkling being thus an oxcetion, it is my purposeto give n briet summnry of is connection and intInercoursewith this bureau. the summerof 1863 Mr. Conkling madea case for himself by tclegraphina to the wV at Dept that the provost marshalof his district required legal advice. which he was thereupon empoweredto give. In April, 186)M.
Mr. BLAINE. I do not ask the ocean panying documents shall be read. I only ask that the letter and documents be printed.
Mr. ROSS. I move that 10,000 extra on ice be printed. he SP AKER. That motion will be referred to the ComPrintg.
Mr. CONKLING. I ask that everything be read. I enjoy it very much.
Mr. CONKLING. I do not wonder at the suggestion of the Gentfrom Ohio, but the gentleman will see there is a good deal of this is personal me, and whatever there is of that sort I want to hear. I do not want to burden the House.
Mr. SMITH. I suppose the entire matter read there is official, and consists of communications between that Dept and the Gentfrom NewYork, with which he is amiliar. It can be printed.
Mr. CONKLING. I will not trespass upon the attention of the House to have it read. It is all new to me, and gentlemen will appreciate my desire in having it read.
The SPEAKER. 1he reading will soon be finished. The paperwas then read through.
Mr. BLAINE. I hope the gentleman will read the whole. If he will show me the word “persona ” in the speech to which he is repling, I will reward him. He cannot do it. H; is putting his own interpretation upon it. Let the gentleman read all that he is going to print.
Mr. CONKLING. Mr. Speaker, I hope the active member from Maine will reserve himself as free from agitation as possible.
Mr. BLAINE. I demand that whatever the gentlemnnputs in the Globe he shall read.
The SPhAKER. Does the Gentfrom NewYork yield to the Gentfrom Maine?
Mr. CONKLING. I am not asked to yield. The Chair will see that all this interruption in in defiance of the propricties of debate. I have no objection to the member from Maine being heard, however, at any length he pleases.
Mr. BLAINE. I rise to a point of order. The SlEAKER. The gentleman will state his omt oforder. It
Mr. BLAINE. M point of order is that the Gentfrom NewYork has no right toinsert in the Globe what is not read either by himselfor by the Clerk. I object to his doing so. The S EAKElt. The gentleman has the right to object to its being printed in the Globe if it is not read.
Mr. CONKLING. Mr. Speaker, this is a little Episode, I suppose, for the amusement and diversion of the House. It is quite unnecessary. The member had better be quiet; I am entirely disposed to have the whole pas. saga read; and I will ask to have it read. I intended to send it to the Globe reporters for insertion. I suppose the member knew what had already been printed in the Globe as coming from him.
Mr. ROSS. Will the Gentfrom NewYork yield to me a moment?
Mr. ROSS. I desire to ask the gentleman whether he was drawin pay as judge advocate at the same time when e was receiving $3,000 a year from the Government as a member of conas.
Mr. CONHLING. I will answer the gentlemans question, Mr.Speaker; and I ask the Glerk to suspend for one moment the reading till I do so, because nothing interests me in connection with this matter more than the land able curiosity of the Gentfrom Illine rs, [Mia Ross.] I “ beg Mr. Speaker to assure the gentleman confi entially, ” as the Gentfrom Pennsylvania [Mr. SrnvENs] would sa, and I hepe he will regard it as a coufidentia communication, that I never did receive salary as judge advocate during the period he refers to or during any other period; not one penny. Indeed, Mr. Speaker, found myself very unexpectedly elevated when I saw the announcement in some paperthat this retainer which the government hadtgiven me made me acting advocate for judge e purpose of trying a case. 2 was merely an employment as counsel; and the counsel fee which was paid is, I beg to assure the gentleman, the only compensation that I ever received for my serVices. I never received any pay as judge advocate during any period whatever. I now ask the Clerk to read the remarks which I have sent to the desk; all that are marked. They are the remarks of the member from Maine.
The Clerk read as follows: "Mr. Speaker, I do not supposethat the HoRep enre anything more than the comMilAffrs about the great recruiting frauds in NewYork or the quarrclso the Gentfrom NewYork with GenlFry. in which quarrels it is generally understood the gentleman came out 2ndbestat the War Dept. I do not think th"aTtshuocuhgh question sought to be obtruded hero. the Gentfrom NewYork has had some difference with GenlFry. yet I take pleasure in soing that, as I believe.there is not in the amerienn [Iriny a more honorable and high toned officer than GenlFry. That officer. I doubt not, is ready to meetthe Gentfrom NewYork or anybody elsein the proper forum. I must say that I do not think it is any very creditable proceeding for the Gentfrom NewYork here In this place to traduce GenlFry asa militar officer when he has no opportunity to be heard. do not COHSI(ICI such a proceeding the highest specimenof chivalry that couldbe exhibited. "The Gentfrom NewYork has had his issue! with GenlFry at the War Dept. They have been adiudicated uponby the SecyWar; and I leaveit for the gentleinan to say whether he cameout 1st best. I do not know the particulars: the gnutleman can inform the House. All I have to say is and in this I believe I speak the sentiment of a mnority of the members of this House thal James Fry is a moat eflicient officer, a high toned gentleman, whose character is vnthout spot or blemish; a gentleman who stands 2nd to no officer in the American Arm: and he is ready to meet the Gentfrom NewYork and all other nce use rl anywhere and every where. and, sir. wheriI hour the Gentfrom NewYork rehearse in this“pose. as an impeachment of GenlFry, all the details of recruiting frauds in NewYork, which General ry usedhis est energies to represswrth iron hand, a sense of indignation curries me beyond my personal strength and compels to denounce such a courso of proceeding."
Mr. BLAINE. The word “personal” does not occur there.
Mr. TRUMBULL. I presume I shall meet the sense of the House when I say that it has probabl devoted as much time as it ought to do to this matter between my colleague, the Gentfrom Maine, and the Prevost marshal General. I propose to send to the Chair a resolution asking or the appointment of a elect committee of 5, because I deem the matter so very grave that it is due to my colleague, due to the Provost Marshal General and due to the country that the subject shall be further investigated and in view of the complimentary remarks which my colleague has made, I am confirmed in the design of putting in a disclaimer, which I had intended to do, and asking the Chair, if the House shall order this committee, not to place me upon it, as parliamentary courtesy might otherwise seem to require. I have a sufficient reason for it in the fact that the House has referred for investigation to the ComPubExpenditures, of which I am chairman, various important matters connected with customhouses, and the internalrevenue service at Boston and elsewhere; and I feel that we shall have as much as we can possibly do to carry out that resolution.
Mr. THAYER. I rise to a point of order. I do not think the indulgence granted by the House extended this far. The Gentfrom Maine [Mr. BLAINE] asked leave of the House to have a certain letter read from GenlFry. Leave was granted, with the tacit understanding that the Gentfrom NewYork [Mr. Coxxtmo] should have leave to rely. liat he has done. Now, I do not thin i this matter should take ii any further time of the members of this Irouse, either in this House or in committees and if I have the right, I shall object.
The SPEAKER. The Chair overrnlcs the point of order. The ruling has always been that when the Househas permitted a personal explanation to be made, whatever legitimately or naturally grows out of it, in the o inion of the majority of the House is in order. The Chair, of course, has no knowledge of what the resolution is, except from the remarks of the Gentfrom NewYork, [Mr. HUI. BURD;] but he supposes it relates to the very question which has been brought in controversy between the Gentfrom NewYork [Mr. CONKLING] and the Gentfrom Maine, [Mr. Blaming
Mr. BLAINE. I hope the Gentfrom Peniisylvania [Mr. THAYER] WlH withdraw his objection.
Mr. llHAYER. Where a gentleman asks by way of personal explanation to have a paperread, with the understanding that anothergentleman should be allowed to make a similar personal explanation, is it in order for any member of the House to introduce business, by resolution or otherwise, if it relates to the subjectmatterof the versonal explanation 7
The SPEAKER. if it relates to that subect it is in order. Therefore the Gentfrom Illinois [Mr. Ross] was in order when he submitted the mOtIOHyAVIlIGh went to the ComPrintg under the law, that 10,000 extra copies of the communication from GenlFry e printed for the use of this House. The resolution of Mr. Hvuiunn was read, as follows: Rmoloed, That a selectcommittee of 5 members of this House be appointed to investigate the statementsand chargesmade by Hon. Rose oe CONKLING in his place last week against Provost Marshal GenlFry: whether any frauds have beenperpetrated in his office in connection with recruiting service; also. to examine into the statementsmadeby General Ijry in his communication to Hon. Mr. BLAixn, read in the House this day; with power to sendfor persons and papers.
Mr. CONKLING. I suggest to my colleague [Mr. Hutaunn] to modify his resolution so as to provide for the investigation of any charges made against Provost Marshal General ry and his bureau.
Mr. ROSS. Might it not be well to enlarge the powers of the committee so that they can investigate whether the Gentfrom NewYork [Mr. CONKLING] has received more pay than he was entitled to receive?
Mr. CONKLING. I should like to have that done. Iho e the committee will report on that whether it is embraced in the resolution or not.
Mr. HULBURD. That is embraced in the resolution now, it being one of the statements contained in the letter of GenlFry.
Mr. ROSS. That will do, then. The question was upon agreeing to the resolution of Mr. HULBURD.
Mr. THAYER. I move that this resolution be referred to the ComMilAffrs.
Mr. CONKLING. Mr. Speaker, I sought the floor again to say this, which possibly I omitted to state before: that no commission was ever issued to me by the Judge Advocate General. For fear that I omitted to state it, I beg leave to say that no commission, paper, or authority whatever was ever issued to me exee t the letter of retainer which has been read, employing me to act, according to its language, before military courts and before other tribu na s.
The SPEAKER. Does the Gentfrom NewYork yield to the Gentfrom Maine?
Mr. CONKLING. o. sir. I do not wish to have anything to do with the member from tIltIaine, not even so much as to yield him the 001.
Mr. CONKLING. I only want to say that the only authority under which Iacted was that which has been read, and that I acted as counsel for the U.S.; and the business of counsel in that particular case I tried, as the case was tried before a military tribunal, was, of course, of the same general character that would have been done by a judge advo cute, had there been a judge advocate for the court, just as in the trial of the conspirators, the distinguished gentleman who sits before me [Mr. BINUHAM] performed the same line of professional employment that a regular judge advocate woulil have performed had he been there. Now, Mr. Speaker, onething further: if the member from Maine had the least idea how profoundly indifferent I am to his opinion upon the subject which he has been discussing, or upon any other subject personal to me, I think he would hardly take the trouble to rise here and express his opinion and as it is a matter of entire indifference to me what that o inion may be, I certainly will not detain the case by discussing the question whether it is well or ill founded, or by noticing what he says. submit the whole matter to the members of the House, making as I do an apology (for I feel that it is due to the House) for the length of time which I have occupied in consequence of being drawn into explanations, originally by an interruption which I pronounced the other day ungentlemigily and impertinent, and having nothing whatever to do with the question.
Mr. ROSS. I rise to u point of order. I submit that the defense of the Gentfrom Now York should be made before this committee and not before the House.
The SPEAKER. That is scarcely a point of order.
The SPEAKER. The Chair will state at the conclusion of these personal remarks that, as the House had granted unanimous consent for a personal explanation, and it was presumed, of course, personalities would be indulged in, he has refrained from calling Gentlemen to order. If an member had called to order, the Chair wonl at once have strictly enforced the rule.
Mr. CONKLING. I ask the Gentfrom Pennsylvania [Mr. THAYER] to withdraw the motion to refer to the ComMilAffrs.
Mr. SCHENCK. That committee has now as much as it can attend to, and beside that, the Gentfrom Maine is on that committee.
Mr. BLAINE. I hope the gentleman will withdraw his motion. Ham a member of the ComMilAffrs and the reference would be wholly improper.
Skip Skip Mr. HENDERSON. I move to lay the resolution on the table. The motion was disagreed to. The question then recurred on Mr. Tnavnns motion to refer to the ComMilAffrs; and it was also disagreed to. Mr. CONKLING demanded the previous question. The previous question was 2nded and the main question ordered; and under the operation thereof the resolution was adopted. Mr. CONKLING mtRtv the resolution was adopted; upon the table. Agreed to.
Skip Skip MESSAGE FRO)! THE SENATE. A message from the Senate, by Mr. FORNEY, its Secretory. informed the House that the senate had passed an acttS.No. 236) to authorize the construction of certain bridges and to establish 0st roads, in which he was directed to ask the concurrence of the House. It HHUL VfION 01"I.“ M lGRAfION.
Mr. wASHBURNE. of Illinois, demanded the regular order of business.
The SPEAK Ell. stated the regular order of business to be the consideration of House bill No. 401, entitled “An act to amend an act entitled An act to encourage immigration, approved July 4, 1864, and an not entitled An act to regulate the carrizi e of passengers in steamships and other vesse s, approved March 3, 1865 and for other purposes and then, on motion of Mr. ROSS, (at 5 oclock and 15 minutes p. m.) the House adjourned.
@@@IN SENATE SENATE. TUESDAY, May 1, 1866. Prayer by the Chaplain, Rev. E. H. GRAY. The Journal of yesterday was read and approved. EXECUTIVE COMMUNICATIONS.
The PRESIDENT protempers laid before the Senate acommunication from the SecyWar, transmitting. in answer to a resolution of the Senate of the 24th ultimo, a report from the Adjutant General covering all the evidence upon which the award of the commission appointed to examine the different claims to the reward offered for the apprehension of JeffersonDavis was based, including copies of the report of Lieutenant Colonel D. B. Pritchard, of the 4th Michigan cavalry and of Lieutenant Colonel Henry Harnden, of the 1st Wisconsin cavalry, and stating that in) orders were on record in the War Dept under which those officers acted.
Mr. WILSON. I move the reference of that communication to the ComMilAffrs . The motion was agreed to.
The PRESIDENT protempore also laid before the Senate a report of the SecyNavy, in answer to a resolution of the Senate of the 24th ultimo, calling for copies of orders of that Dept which deprive officers of the Navy, who are not on duty, of certain privileges of citizens; which, was referred to the ComNavAffrs, and ordered to be printed.
Mr. HOWE. Yesterday, whileIwasattemptingto make a personal explanation of a 8 patch found in the columns of the NewYork Ierald, I was understood by the reporter of the Associated Press to quote a remark from the PostMGenl. The Globe will show that the quotation I made was from the Pi st Asst PostMGenl. I hope the reporter for the Associated Press will make the correction, as it is due to the PostMGenl that it should be made and as widely disseminated as the mistake was. It was undoubtedly a mistake. nunsmo or COLUMBIA, SCAROLINA.
Mr. FESSENDEN. If the Senator Wlll excuse me for a moment, I desire to say a wor.
Mr. SHERMAN. I merely wish to make a suggestion that it my be put on record. h
Mr. FESSENDEN I only desire to say that this practice of reading in the Senate private letters, with reference to complaints and diificulties between gentlemen out of doors, and calling the attention of the Senate to them, is a practice which has grown up lately, which is very wrong, and which takes up a great deal ofonr time, and is very improper. Here is 0. But my question of veracity, or somethingof the sort, between 2 gentlemen, neither of whom is a memberof this body, one a general in our Army and one a general in the rebel army. This is not the place to settle those questions. The practice that has grown up even in public speeches, or speeches addressed to the Senate, of reading private letters without signatures, or at least not reading the signatures, or even with the signatures, is only calculated to take up time; it has nothing to do in realit with the business of Congress. More especially is it objectionable to bring up matters in reference to gentlemen out of doors and calling on the Senate or the HoRep to hear their differences and settle them. If they ask any action of Congress, let them address a memorial to this body or the other House in propershape and call tor action. I, of course, do not wish to blame my friendfrom Maryland; he is only following the example of others in relation to the matter; but I wish to enter my protest against the whole thing, and in futureI ive notice that I shall object to the reading O any of these letters with reference to out of door matters with which we really have nothing to do. We are not a tribunal, or an arbitration, or referees to settle these difficulties between gentlemen out of doors, whatever may be their position and how, ever high. We have nothing to do with them. It only interrupts the proceedings of this body and takes up time which should be devoted to other things, in in judgment.
Mr. JOHNSON. The honorable member from Maine would not have supposed that I presented a letter which was intended to be private, to the Senate, for nobody finds more unit with the practice of reading letters, particularly without giving the names of the writers, than I do and have done from the 1st. The letter which I have presented was sent to me for the purpose of being presented, and I considered it as in the nature of a memorial.
Mr. FESSENDEN. The Senator will understand me. I didnot aiply that portion of my remarks to him particularly; but that has been practiced here, and I think the practice is objectionable. verg It has grown up recently. think it is equally objectionable to read a letter not addressed to the Senate, and to call for the Senates attention, and take up the Senates time in relation to it. Congress is to be addressed in a certain form; private matters are entirely out of place; and before I sit down I ask the Chair, what question is now before the Senate?
The PRESIDENT protempore. The question is on the reference of the letter offered by the Senfrom may land to the ComMilAffrs an the Militia.
Mr. FESSENDEN. Undoubtedly; but I had a right to ask that question.
Mr. JOHNSON. The letter which I have presented to the Senate was not presented on my own judgment alone. I showed it to the honorable member from Ohio, and he advised me to present it.
Mr. SHERMAN. I thought that the letter might as well be presented and the statement which I have made made in connection with it.
The PRESIDENT protempura. Does the Senfrom Maryland vary his motion so as to move that the letter lie on the table?
Mr. FESSENDEN. I Before any specific motion is made, I desire to say that I think the properdisposition of this matter would be to refuse to consider this letter even by laing it on the table. It has no business here. Npeither has it any business before the committee. It is a mere private letter, and Senators ought not to ask action upon it. I hope we shall simplyrefuse to consider it in any way. It
Mr. WILSON. I do not see any need of referring this matter; and I hope this perwill be withdrawn by the Senfrom i ary land, that thus the question will be ended. I desire to get u a resolution offered by me some dayssince, an which it is very important should be decided one way or the other. I refer to the resolution to allow this Hall for the use of Mr. Murdoch to give a reading for the benefit of the National Home for the Orphans of soldiers and Sailors. I will simply say that
Mr. Murdoch, since the war commenced, has twice given readings in this Chamber; and on both occasions Mr. Lincoln attended the reading.
Mr. SHERMAN. I move that the morning hour be extended until half ast one oclock, in order that we may conc ude the morning business. I hope that that will be done by general consent.
Mr. SHERMAN. Very well: but I want to get through with the postoffice appropriation bill today.
Mr. FESSENDEN. Let USwe through with i this matter.
The PRESIDENT protempore. The ques,tion is on the motion of the Senfrom Maryland to refer the letter read by him to the ComMilAffr.
Mr. LANE, of Indiana. 1 move to amend that motion.
The PRESIDENT protempura. The motion is withdrawn. ORDER OF BUSINESS.
Mr. WADE. I now move to postpone all prior orders and take up Senate bill o. 203.
Mr. FESSENDEN. That is not morning business.
The PRESIDENT profempore. The Chair has not yet called through the business of the morning hour, but if the Senfrom Ohio presses his motion the Chair will put it.
Mr. WADE. If there is any more morning business I waive my motion for the present; it there is not I insist n on it.
The President protem ore. from committees are now in order. neronrs of COMMITTEES.
Mr. WILLIAMS, from the ComClaims. to whom was referred the petition of George P. Remsberg. praying for an appropriation to provide for the support and education Reports of his son, Charles liemsberg. who lost an arm on the 13th of a ril, 1865. by a volley fired by the rovost gnar in a public street of the city of rederick, Maryland: submitted an adverse report thereon; which was ordered to be printed.
Mr. VANWINKLE, from the ComPostOffices, to whom was referred the petition of John Gordon, praying for additional compensation for services as messenger in the postoffice Dept, submitted a report accom anied by a bill (S.No.294) for the relief of ohn Gordon. The bill was read and passed to a 2nd reading, and the report was Ordered to be printed.
Mr. FESSENDEN, from the ComFinance, to whom was referred a bill (H.R.No. 255) making appropriations for the construction, preservation, and repairs of certain fortifications and other works of defense for the year ending June 30, 1867, reported it with an amendment. He also, from the same committee, to whom was referred a bill (H.R.No. 511) imposing a duty on live animals, reported it without amendment.
Mr. STEWART, from the ComPubLands, to whom was referred a bill (S.No.90) granting lands to the State of Oregon to aid in the construction of a military road from Albany, Oregon, to the eastern boundary of said State. reported it without amendment.
Mr. RAMSE, from the ComPostOffices, to whom was referred a bill (S.No.263) to authorize the Wine na and StPeters Railroad Company to construct a bridge across the Mississippi river and to establish a pest route, reporte it with an amendment. BILLS INTRODUCED.
Mr. WILLEY asked, and by unanimous consent obtained, leave to introduce abill (S.No.295? repealing the 34thsection of the declaration of rights of the State of Maryland, so far as the same has been recognized or adopted in the DistCol; which was read twice by its title, and referred to the ComDistCol.
Mr. MORRILL asked, and by unanimous consent obtained, leave to introduce a bill (S.No.296) to ince porate the American Marine Insurance Corn ny of Washington, DistCol; which was read twice by its title, and referred to the ComDistCol. NEWYORK and MONTANA IRON COMPANY.
Mr. WILSON. I now ask for the consideration of the resolution thatI introduced some
Mr. Murdoch on Thursday evening next, for the purpose of giving a reading for the benefit of the National Home for the Orphans of soldiers and Sailors.
The PRESIDENTpro tempnre. If the morning business is disposed of, the motion of the Senfrom Ohio [Mr. Wane] takes prece dence, in the opinion of the Chair.
Mr. WADE. Then I insist on my motion to take up Senate bill No.203 for consideration. The motion was agreed to; and the Senate, as in ComWhole, resumed the consideration of the bill (S.No.203) to enable the NewYork and Montana Iron Mining and Manufacturing Company to purchase a certain amount of the public lands not now in market.
Skip Skip The bill was reported to the Senate as amended, and the amendments were concurred in. The bill was orderengross for a 3rd reading, and was read the 3rd time.
Mr. GRIMES. I do not rise to discuss the merits of this bill, or to express an opinion as to whether it is wise or unwise for the Senate to pass it, but merely to place myself upon the record as being utterly opposed to the recognition of any such principle as is embraced in the bill. Senators who have read the bill have discovered that it completely overturns the whole land system of the U.S. It proposes that a corporation created under the general laws of the State of NewYork, where a corporation can be created byany 3. 5, ten, or any other number of persons, for any purpose they please, may go into the Territory of Montana and there select 20 sect ious of land, make the surveys themselves, without any regard to whether they conform to the meridian lines or the base lines or the township lines of the U.S. surveys, and shall have a reemption right for twoycars, at the end of which time they shall be permitted to ny the Government price for the land. I find that there is no provision in the bill, so far as I can see, that will prevent the timber on the land from being utterly destroyed and used up for the purposes of the furnaces which it is proposed to establish there. I do not recognize the propriety of allowing a little corporation in an outside State to go into any of the new States or into any of the territories and occupy land in the way in which this bill proposes. I have only said this in order that I may not preclude myself in the future from occupying I the position whichl now do. I have no disosition to call for the yeas&nays, because suppose the bill will pass anyhow.
Mr. CLARK, from the committee of conference on the disagreeing votes of the 2 Houses on the amendments of the Senate to the bill (H.R.No. 238) to amend an act entitled “An act relating to lmheuscorpus and regulating judicial proceedings in certain cases, " approved March8, 1863, submitted the followmg report: The committee of conference on the disnareeing votesof the 2 Housesof Congressnn the amendments of he Senatetothe bill ( H.R.N 0.233) to amend an not entitled “An notrelating to habeuscorpus and regulating judicial proceedings In certain cases." approved arch 3. 1863.having met. alter full and free cocmomnfeenred n, ce have agreed to recommend and do to their respective Houses as follows: That the HoRep concur in the 1st, 2nd. 3rd. 4th, 5th, and 7th amendments of the Senate. That the HoRep concur in the 6th umendment of the costs. with an amendment, Iris folllloliys sxtrikgzioaultldaftertthe word " act” in the our no O car men men. DANIEL CLARK LYMAN TRL MBlIDL. Managerson the par! of the Senate. BURTON C. COOK, SAMUEL McKEE. Mmmflernon (bepart of the House. The report was concurred in.
Skip Skip MESSAGE rnon rI In nonss. A message from the HoRep, by Mr. McPnnusox, its Clerk, announced that the HoRep had passed the following bills, in which it requested the concurrence of the Senate: A bill (H.R.No. 481) to amend an not entitled “An act to encourage immigration, ” approved July 4, 1864, and an act entitled “An act to regulate the carriage of passengers In stcamships and other vessels, ” approved March 8, 1865, and for other purposes; A bill (H.R.No. 492) making appropriotions for the repair, preservation, and completion of certain public works heretofore commenced under the authority of law, and for other purposes; and A bill (H.R.No. 545) making appropriations for the uses of the Bureau of Refugees, Freedmen, and Abandoned Lands, for the fiscal year commencing January 1, 1806. The message further announced that the HoRep had passed, without amendment, the following JtResolutions: AJtResolution (S. It. No. 84) expressive of the gratitude of the nation to the officers. soldiers, and seamen of the U.S.; and A JtResolution (S. It. No. 75) making appropriations for the expenses of collecting e revenue from customs. The message alsoannounced that the HoRep had concurred in the amendment of the Senate to the bill (H.R.No. 197) to provide for the better organization of the pay Dept of the Navy. USE or HIE HALL.
Mr. WILSON. I now ask that the resolution be taken u allowing the use of the Hall to Mr. Murdoch. The motion was agreed to; and the Senate proceeded to consider the following resolution, submitted by Mr. WILSON on the 27th of April: Resolved, That the useof the Senate Chamber be granted to James E. Murdoch, Esq" on Thursday evening. May 3. for the purpose of giving a reading for the benefit of the fair to be held in tiis city for the National Home for the Orphans of Soldiers and Sailors.
Mr. RIDDLE. When this resolution was offered by the Senfrom Massachusetts last week I objected to its reception. The reasons which in need me to object then actuate me now in o osin its adotion. I admit the talent an 516 a ilit of this great dramatist, butI am unwilling, y. m vote at least, that this Hall, dedicated to legislation, shall be converted into a theater. Ihere are plenty of halls in the city of Washington, and if this gentleman will get a hall for rent I iledge my self to take several tickets and to donate that money for the purpose which he is so anxious to assist, but never with my consent shall this Hall be converted into a theater or for any such purpose. You employ messengers and door eepers here and on pay them a limited salary, and yet A, HI, C, and D may come in here and get the privilege of the Hal, and you kee these messengers and doorkeepers here until midnight; you abuse your furniture; you wear out our carpets; and all this for nothing. Let Mr. Murdoch go elsewhere. I hope the Senate will not pass the resolution of the Senfrom Massachusetts, and will not grant the use of this Hall to James E. Murdoch or anybody else.
Mr. WILSON. I will simply say that during the war Mr. Murdoch devoted most of his time to the cause of the country and of the soldiers, and gave one of his own sons, who fell in the war. Twice during the war he gave readings in this Hall; and I remember that on both occasions President Lincoln was present, and also Mr. Chase, and many of the most eminent men of the country. The Chamber was crowded by most excellent people; perfect order was reserved; no harm came of it, and I appreend no harm will come of it now. It is a contribution to the cause of an asylum for the orphan children of soldiers and sailors who fel in the war. I hope we shall grant this privilege. If hereafter it is the intention or the nrpose of the Senate to exclude all exhi )itions of this kind, or of any other, from the Hall, let us settle the point, but I hope we shall not begin on this occasion.
Mr. CONNESS. I hope we will settle it now.
Mr. RIDDLE. I wish to ask the Senfrom Massachusetts whether the HoRep have not passed a rule prohibiting the use of their all to any person except for legislative purposes.
Mr. WILSON. I understand they have done so at this session.
Mr. CONNESS. I move to amend the resolution by striking out all after the word “rcsolvedX” and inserting the following: That the Senatewill notgrant the useof the Senate Chamber for lecturesor readingsor other such purDOSES I am willing to contribute to the extent of in means for the purpose, but. it is clear to my mind that this Chamber should not be granted for this puruse, and that until a rule on the Inbject sha l he adopted the warm hearted Senfrom Massachusetts who leads in these matters will our in upon uslicre, as the representative of the lecturers of both sexes in the country, requests for the use of the Cham era
Mr. SHERMAN. I know Mr. Murdoch, and I know that he deserves this compliment on the part of the Senate; still I would not grant itto imif it. was a mere personal favor; but the cause for which he will read on Thursday next is one that appeals to us so keenly and so warmly that I cannot refuse the request. The ladies of this city, and, indeed, mun ladies throughout the country, are very muc interested in establishing an orphans asylum for the children of soldiers and sailors who have been killed in the service. They are now mak in eat efforts in that direction. They are hoing their fairs. They are giving public concerts. I attended one the other night that yielded them from 600 to 1,000 dollars, and the performers were all ladies and gentlemen of the city who gave their services gratuitously, and the hall was given gratui tously. It seems to me, the Senate of the U.S. cannot; denythis small privilege when the object is to educate the orphan children of the soldiers and sailors who gave their lives in our service. It is the cheapest mode in which we can aid these beneficiaries and I am perfectly willing to grant the use of this Chamber for any such purpose. If it was to inure to the benefit of Mr. Murdocli, I would not doit; but I know his generosity, and I know the feeling that has actuated him during the whole war. He gave assistance to the soldiers and sailors. He went into the camp. He read for them and cheered them. Indeed, he devoted 4 years of active life almost to their service, and gave a son to the cause of the country. No one could appeal to us more strongly than he; but I would not grant the use of this Chamber even to him if it were to inure to his benefit. But in consideration of the cause for which he is to give this reading, I certainly am willing to devote the Hall for such a purpose at any time. I do not think the damagewill be very material if the Hall is taken care of.
Mr. POMEROY. I do not think we should put up the bars so that we shall not be able to grant the use at" this Hall for any purpose even if we do not let. Mr. Murdoch have it. I think the Senate can consider each case when it is presented; and if they choose to grant the all for a particular purpose, I think we had better allow them to do it. I do not believe in passing an amendment to this resolution by which we shall deprive ourselves of the power of granting the use of the Hall to any ody we choose. I take it, the Senate will always have the good sense and judgment to be discreet in the matter, and will grant the use of the Hall to such persons as they may choose.
Mr. HOWE. I shall be very sorry if the Senate shall adopt this amendment; I shall be very sorry if the Senate shall decline to adopt the resolution offered by the Senfrom Massachusetts; and upon precisely the grounds suggested by the Senfrom Ohio. I have no idea that this Senate Chamber ought to take the place of a concert hall or an assembly room but, on the contrary, I have no idea that this or any other place is so sacred as that you cannot allow, properly, the cause of hu manity to be served in it. When you find any such erection in the U.S., whether it be the Senate Chamber or a synagogue, I am for taking it down. Mr. Murdoch proposes to read somewhere one evening in the cause of humanity. The Senate Chamber of the U.S. should be the 1st, if it is the most convenient hall, whose doors should be opened to such a call.
Mr. CONNESS. It apears to be evident, at least to my mind, that the bars must not be erected, and that humanity has many advocates here. I am very glad that that is the case. I propose to be humane, as I believe it a duty to be, in another way. But my purpose was merely to develop the judgment of the Senate in regard to this question. If it is the pleasure of the Senate to grant the use of the bomber for this pn ose, I of course have little to say on the subject. I withdraw the amendment.
The PRESIDENT protempore. The amendment is withdrawn, and the question is on the adoptionof the resolution.
Mr. ANTHONY. I should like to have the resolution so amended as to apply only to the galleries, and not have the floor open.
Mr. WILSON. I hope that amendmentwill not be made.
Mr. ANTHONY. I will not move the ameidmentif the Senator who has charge of the resolution does not assent to it.
The PRESIDENT protempore. Does the Senator withdraw the motion to amend the resolution 7
Mr. ANTHONY. Yes, sir; as the Senfrom Massachusetts does not like it. The resolution was adopted ayes 20, noes not counted.
Mr. WADE. I now move to take up the resolution granting the use of this Hallto Mrs. Walling for the purpose of a lecture. The resolution was passe some time since, but was subsequently reconsidered, and is now on the table, believe.
The PRESIDENT protem ore. The resolution has passed from the oak. It will be returned in a few moments.
Mr. WADE. Isuppose it willcome in presently. We all know what the resolution is. It is to grant this Hall to this lady to deliver a lecture pertaining to national affairs. Itwas offered here some time ago and was discussed at some length. She wishes to have the use of the Hall on Monday evening, the 7th instant, and I will state now, while the Clerks are hunting for the resolution, that I shall move to amend it in that particular, changing the time. The day fixed in the resolution originally I believe has passed. I had nothing to do with the introduction of the resolution, but since it has been introduced I have seen the recommendations of this lady, and they are from such respectable sources thatI have no doubt of her O ameter and no doubt that it is good and commendable. I understand that she lectured be forethe Legislature of Ohio, in the Hallot Representatives there, to the great acceptation of the membersand the people whowerepresent. I am informed that the papers spoke very highly of her lecture. I know nothingabout it in any other way. I move to take up the resolution because ithas been pending for a good while, and it appears to me that, under the circumstances, we ought to grant this request, even if we grant no other. It seems to me we shall not he dealing entirely right with this question unless we do so. We al understand the circumstances under which that resolution was reconsidered.
Mr. SHERMAN. I will ask my colleague if the proceeds, or the money charged at the door, is to go to the benefit of this lady.
Mr. WADE. I do not know that she charges an thin. I have no knowledge on that point. I lfonot now but. that it is agratuitous lecture.
Mr. WADE. Her lectures are said to be very intercstin, and she is said to be very able. I am told that it is a gratuitous lecture. I hope that the use of the Hall will be granted under the circumstances; and then if it should pIloase the Senate to pass a resolution that the all shall never be used for this purpose again, I have no objection. I think. under the circumstances in which this resolution has placed this lady, that in justice to ourselves and to her, we ought to give her the use of the Hall. The Hall has been used before. It was said in the debate on a previous day, that this Hall had never been used for a purpose of this sort before fbut that is not so. I am told that Miss Grace Greenwood I believe that is not her propername, which I have forgottenhas lectured here in this Hall. I do not remember it, but I have no doubt it is so. I hope we shall grant the privilege under the circumstances.
Mr. SHERMAN. Lo there is no hurry about that matter, I hope the consideration of the postoffice appropriation bill may be resumed, as it is the special order. My colleague can call up this resolution at any time.
Mr. WADE. I will move that Mrs. Walling be granted the use of this Hall to deliver her lecture on Monday evening next, the 7th in stant.
The PRESIDENT protom 0. The Chair will state that the resolution as passed from the desk. The impression of the Chair is that a motion to reconsider was entered and passed upon by the Senate and the resolution rejected. If that is so, no proceeding under that resolution would be in order.
Mr. WADE. We reconsidered it, and left it there. Iwill consider this as a motion de novo then, but I wish it to be understood that the resolution was not rejected.
The PRESIDENT protempore. The Chair will entertain it as a new motion. It is moved that the use of the Hall be granted to Mrs. Walling for the purpose of a lecture on Mon day evening next.
Mr. LANE, of Indiana. That assumes the form of a new resolution, and I object to its consideration today.
The PRESIDENT protempore. Objection being made, it lies over under the rule. PACIFIC RAILROAD EASTERN DIVISION.
Mr. SHERMAN. I now move to take up the postoffice appropriation bill.
The PRESIDE T protempore. That bill is the special order, and was only laid aside by common consent.
Mr. HOWARD. I suggest to the Senfrom Ohio that there is a JtResolution reported by the Pacific Railroad Committee that ought to be taken up at a very early period and passed.
Mr. CONNESS. It will not excite any discussion.
Mr. SHERMAN. If it will not excite discussion and I do not believe it will, as I know something about it I have no objection to that resolution bein taken up. "
Mr. HOWARD. then I move to take up Senate JtResolution No. 80.
The PRESIDENT protemporc. The special order can be laid aside by common consent informally. No objection being made, it is laid aside temporarily by common consent, and the question is on the motion of the Senfrom Michigan. The motion was agreed to; and the JtResolution (S.R.No. 80) extending the time for the completion of the Union lacific rail wa, eastern division, was read the 2ndtime, an considered as in ComWhole. It proposes to extend the time for the completion of the 1st 100 miles of railroad and teleglra h line by the Leavenworth, Paw nee, an Icestern Railroad Company, (since called the Union Pacific Railway Company, eastern division, )mentioned in the 10th section of the charter of the Union Pacific Railroad Company, of Jul 1, 1862, and in the 5th section of the amendment thereof, of July 2, 1864, until the 27th of June, 1866; and the time for completing each. succeeding section of 100 miles is to be reckoned from the 27th of June 1866.
Mr. HOWARD. I will state, very briefly, that this measure is introduced on the recommendation of the POTUS, founded upon a communication made to him by the SecyInterior, in which it appears that the company in question have acte in good faith and have proceeded to complete nearly 100 miles of the road already, but they will not be able probably to finish it entirely according to the terms of the original charter by the day fixed by the char ter. The ComPacificRR had the subject under consideration, and they were unanimous in recommending the passage of. this resolution granting further time to the company, until the 27th of Jone, 1866, and extending the time for the completion of the succeeding sections upon that road about one year forward, so as to make the time for the completion of the different sections correspond exactly with that fixed for the Omaha branch road. I beg to send to the Chair to be read a brief statement furnished to me by the president of the company, which will give to the Senate all the in ormation which I think will be necessar.
Mr. SHERMAN. I doubt whether it is worth while to read that communication.
Mr. POMEROY. There is no objection to the resolution at all. The JtResolution was reported to the Senate without amendment, orderengross for a 3rd reading, read the 3rd time, and passed. HOUSI l 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. 481) to amend an act entitled “An act to encourage immigration, ” approved July 4, 1864, and an act entitled “An act to regulate the carriage of passengers in steamships and other vessels, ” approved March 3, 1855, and for other purposes to the ComCommerce. A bill (H.R.No. 402) making approprio tious for the repair, preservation, an completion of certain ubhe works heretofore commenced under toauthority of law, and for other purposes to the ComCommerce. A bill (H.R.No. 545) making appropriations for the uses of the Bureau of Refugees, Freedmen, and Abandoned Lands for the fiscal year commencing January I, 1866 to the ComFinance. postoffice APPROPRIATION BILL.
The PRESIDENT protempore. The special order of the day, being the bill (H.R.No. 280) making appropriations for the service of the postoffice Dept during the fiscal year ending June 30, 1867, and for other purposes, is now before the Senate, the pening question being on the following amendment offered by the Senfrom Illinois, [Mr. Tsvnnunnz] SEO. Abife:, That no person exercisingor performing or undertaking to exercise or perform, the duties of an other.which by law is required to be filled by the a vice and consent of the Senate shall before confirmation by the Senate, receive any salary or compensationfor his services. unlesssuchperson be commissionedby the President to fill up a vacancy which has happened by death. resignation or expiration of term, uring the recess of the Senate and since its last ndoourument.
Mr. TRUMBULL. Before proceedin with that, I desire to change the amendmentw ichl have offered, slightly. I withdraw that amendment and offer the one which I send to the Chair as a substitute. It is the same with the exception of an addition at the close of it.
The PRESIDING OFFICER, (Mr. Ionmtov in the chair.) The Senfrom Illinois proposes as a substitute for his amendment
Mr. TRUMBULL. The amendment being, r under my control, I suppose I can Withdraw It and offer this.
The PRESIDING OFFICER. The Sena. tor can modify his amendment. The amendment as now modified will be read.
The Secretary read it, as follows: Abife: That no persop exercising or performing or undertaking to exerciseor perform.t o duties of anyofficewhich by law is required to be tilled by the advice and consent of the Senate shall, beforeconfirmation by the Senate receiveany salary or compensationfor his services.unless such person be commissionedby the President to fill up a vacancy which has happened during the recessof the Senate and since its last adjournment, by death. resignation. expiration of term, or removal for acts donoor omitted in violation of the duties of his office; the cause.in case of removal. to be reported to the Senateat its n ext session.
Mr. HENDERSON. When the Senate nd journed yesterday evening, I was examining the power of Congress torpass the amendment proposed by the Senfrom Illinois. At the time that I was interrupted by the remarks interjected by the Senfrom Kentucky, [Mr. D.wrs] I had about closed the exami nation of the question in apolitical point of view; that is, had examined the opinions of our distinguished men of various political parties since the organization of the Government down to the present time. I was just about to enter upon an examination of the question in a legal point of view, in order to show that the courts of the country have sustained the position which I took yesterday. 1 do not desire to take u much time of the Senate, and therefore shall) hurry on with what little I have to say on the subject. I think that the view I take, and which I desire to see enforced after this long period of time the PRESIDING OFFICER. There is too much noise in the Senate. Senators will resume their seats.
Mr. HENDERSON. I cannot talk when there is so much confusion. T
he PRESIDING OFFICER. Order must be preserved. The Senfrom Missouriwill proceed.
Mr. JOHNSON. The case to which I allude was this: the Supreme Court having decided in the case of Canter vs. The American Insurance comny, reported in l Peters, that territorialju ges were not constitutional judges, and therefore were not judges to hold their office during good behavior, but could be removed by the President at any time, Mr. Fill more removed one or two; and one of those judges applied for a mandamus to com.el the payment ofhis salary upon the ground that the resident had no authority to remove him and of course that his successor was improperly put in office. The Senate of the U.S., the power to appoint in a case of that description being a power to be exerted in conjunction with the Senate of the U.S., had approved the nomination. 4 I
Mr. WILSON. We have some very important business to transact in executive session, and after consulting one or 2 Senators, I move that the Senate proceed to the consideration of executive business.
Mr. SHERMAN. I trust the Senate will dispose of this bill today. We have been engaged now for 3 days on a collateralquestion on an appropriation bill. If the motion is insisted it on shall call for the yeas&nays upon it. f the majority of the Senate really desire to rolong this constroversy, I should like to be informed of it, so that I may act accordin ly. In order to test the sense of the Senate, Icall for the yeas&nays on the motion of the Senfrom Massachusetts. The yea s&nays were ordered. ;
Mr. SHERMAN. I believe that if we proceed with its consideration we can dispose of this bill in a few minutes, but if it see over until tomorrow it will take another ay.
Mr. WILSON. With the consent of the Senate I will withdraw the motion; but I supposed, on consultation with several gentlemen, some of whom now advise the other way, that it was the general desire thatwe go into executive session in order to give time to look into this question a little more carefully. I have no doubt it would be better to do so; but at the same time I withdraw the motion.
Mr. SHERMAN. I have not the slightest feeling about the matter. If the majority of the Senate think that the bill had better go over until tomorrow, I have no objection; but I think we ought to finish it today and be done with it.
The PRESIDING OFFICER. The motion can be withdrawn by unanimous consent only, the yeas&nays having been ordered. The Chair bears no objection. The motion is with drawn, and the question is on the amendment promatedby the Senfrom Illinois.
Mr. TRUMBULL. On that question I ask for the yeas&nays. The yeas&nays were ordered.
Mr. CONNESS. I believe there has been a material change made in that amendment this morning, and therefore I ask for its reading.
The Secretary read the amendment, which was to insert as a new section the following: Abife:, That no person exercisiiiir or performing, or undertaking to exercise or perform, the duties of an office which bylaw is required to be filled by the a vice and consent of the Senate, shall before confirmation by the Senate. receive any salary or compensationfor his services. unlesssuch person be commissioned by the preSident to fill up a vacancywhich has happened during the recessof the Senate, and since its last adjournment by death, resignation.expiration of term or removal for actsdone or omitted in violation of the duties of his office: the cause, in caseof removal, to bereported to the Senateat its next session.
Mr. FESSENDEN. As the amendment offered by the Senfrom Illinois stood yesterday, I should have very readily voted for it. I did not think it worth while to go into any argument on the subject. The constitutional right is very clear, so for as the appropriation of money is concerned. We can make any rules in reference to that that we please. The last clause, however, which is now introduced by the amendment this morning is very objectionable to me, and I hope the Senfrom Illinois will withdraw it.
Mr. TRUMBULL. I preferred the amendment as it stood yesterday myself, but several Senators around me insisted upon having in it aprovision in regard to removals; and I put it in at their suggestion.
Mr. FESSENDEN. As it stands now I cannot vote for it with that clause in it.
Mr. SHERMAN. I hope the Senfrom Maine will now agree with me in the suggestion that I made the other day, that this matter might be put on some other appropriation hill just as well. We have at least 7 or 8 appropriation bills; this is the 1st; and it is scarcely worth while, when there is so much difference among ourselves in regard to the phraseology of t iis provision, to put it on this bill. I hope, therefore, it may be withdrawn from this bill, and if it is necessary at all, let it be but on some other bill.
Mr. FESSENDEN. So far as that is concerned, I cannot control or would not under take to control the action of the gentlemen who have moved it as an amendment to this bill. I do not see anything very inappropriate about it, if they choose to move it, because it has reference to the expenditure of the money and may very properly be here, if gentlemen insist on keeping it here. But the reposition as it stands now has a look that is disagreeable to me.
Mr. FESSENDEN. [Indon ted y. That was in the case of a judge appointed in this District. The Senate refused to confirm him, once rejected him; it was then reconsidered, and the matter went to the last day of the session and he was not confirmed, and imme diately after the adjournment of the Senate he was reappointed by President Lincoln, and he was afterward confirmed by the Senate.
Mr. FESSENDEN. I voted against him finally, and I would vote against any man simply on that ground: that it is an eneroachment upon the rights of the Senate, and if acceded to and followed the result is inevitable that the Senate is no part of the appointing power which the Constitution makes it. It was done in another case, and a more gross case, in my judgment, and that was in the case of General Blair, who had resigned his command and had been sworn as a member of the other House; his resignation had been accepted; and after the Senate had adjourned, I believe, the President undertook to put him in command of a co 5 of the Army.
Mr. JOHNSON, and others. It was during the session of the Senate.
Mr. FESSENDEN. While we we were in session; and the Senate and the HoRep by almost unanimous votes, reproved the lPresident in fact for doing so. I remember that I remarked at the time, or shortly after, when I went into the Treasury Dept, that if it was in in power to do it which it was not, because I adno control over it he never should have been paid a dollar for the services rendered by him, because I thought his appointment was in gross violation of the Constitution. Now, air, when such things are done and when such doctrines are advanced and claimed, I think, without any impropriety whatever, congress may assert their right over the money of the country, which they have unquestionable power to do, without infringing upon the right of anybody, and say, that where things are done contrary to the usual course, done by whom they may, they will hold on to the money until the Senate has had an opportunity to judgein such cases. It is an imputation upon nobody. I do not presume that President Johnson would do such a thing, or that he will take any offense at a revision of this kind. That the President as the wer f removal from office I have never dou ted, or the simple reason that it seems to me to arise from the necessity of the case; that in the recess of Congress it may happen, and has happened, that a man may be guilty of such offenses that his removal at once becomes absolutely necessary; and in that case certainly the president should exercise the power; and in that case, or in any similar case, for any good reason; in any case, in fact, which did not upo n its face present a gross dereliction of duty and a violation of the principles of the Constitution, Congress would not hesitate to pay the money to the otheerrap ointed.
Mr. HENDL SON. Then let me ask the Senator, why refuse to pay the man? If the President can constitutionally remove an officer and then make an appointment, of course the Constitutioa gives him a perfect right to fill the vacancy until the last day of the next session.
Mr. FESSENDEN. I would not refuse to pay him. I would, whenever the case came before me, vote to pay him; but I say that in view of the principle that has been acted upon in some cases, and avoWed by gentlemen as a correct principle, that the President can appoint during the recess, and when Congress adjourns, the Senate having rejected that man, can appoint the same man over again, it is necessary that we should express our opinion on such a power. I would have done it before ifI had had ano portunity to do it and therefore, as I would have always acted upon it, I am perfectl willin to act upon it now.
Mr. SHERMAN. If the amendment were confined to that class of cases it would be all very well.
Mr. FESSENDEN. You cannot tell whether it is one of that sort until the question comes up.
Mr. SHERMAN. Take the case of a Cabi net minister, or a more exaggerated and harder case than that, the case of an internalrevenue officer, who is comelled to pay the deputies out of the fees; an would you require him to act until the close of the next session without receiving any a?
Mr. FESSENDEN. I do not think there need be cases of that description, because the 1st asst of the collector or assessor who was removed would discharge the duties until the appointment was made,
Mr. SHERMAN. He cannot use a dollar of the money. The money is all paid into the Treasur.
Mr. FESSENDEN. I do not see thatany very great inconvenience would arise. At any rate do not feel disposed to argue that point. I have long felt that with reference to appointments the power was tending too much in the direction of nullifying entirely the action of the Senate, and that it was time we should assert our own power over the question in some prac tical way, and I know no way so practical as this. I had therefore made up my mind to vote for the amendment ifitwas presented, although I would rather have it in some other place than on this bill; but of that I do not assume to judge. But with regard to the last clause of the amendment as it now stands, that the president when he exercises the power of removal shall in all cases be bound to give his reasons to the Senate, I think it is offensive in its very nature and character, and I cannot consent to
Mr. TRUMBULL. In my desire to accom l modate our friends I changed the amendment vote for it if it stands in that way., from what it was yesterday, more perhaps in consequence of what was said by the Senfrom hio than anyone else. Several Senn HRS around me thought it was better to obviate an objection that he presented. that a person might be guilty of may feasance in offico, and it would be very hard if, under such circumstances, when he was turned out, and his successor appointed, a good man, he could not be paid until he was confirmed. The Senfrom Ohio suggested that he might die after discha ng the duties of the oifice for months, and in int way be entirely without pay. I was disposed, so long as we could getat the object which I had in view, to accommodate the amendment as far as possible to the wishes of all, and hence I modified the amendment this mornin. Now. it seems that in endeavoring to avoi CharybdisI have run upon Scylla, and the Senfrom Maine says he cannot go for it as it is. If it is more acceptable to Senators to have it in the form in which it stood yesterday, it is certainly more acceptable to me in that form. That was my preference. I changed it at the su estion of several Senators.
Mr. JOHNSON. Have the you&nays been called for?
The PRESIDING OFFICER. The yeas&nays have been ordered.
Mr. TRUMBULL. There seems to be a disposition to pass upon it to da in the shape in which we lind it yesterday. ask the Sec reta to read the amendment as it was proPose yesterday.
The Secretary read as follows: SEC. Abife:, That no person exercising or or orininir or undertaking to exercise or perfnrm, the mics of any officewhich by law is required to be filled by the advice and consent of the Senate shall before confirmation by the Senate proccive any salary or compensation for his services, hulcis such person be commissionedby the President to fill up a vacancywhich has happened by death. resignation or expiration of term during the recess of the Senate and since its last adjournment.
Mr. JOHNSON. That does not provide for the case of a removal?
Mr. JOHNSON. Then ifthePresidentshould find out that an officer is dishonest and remove him, and a point a successor on the 6th of March, at the end of the Congress, that officer is not to get any pay until the next December. the question is, whether that is right? It may be a abinet officer or a collector of the revenue. I do not think the Senate, when they come to reflect upon it, will adopt a principle like that.
Mr. GRIMES. You will get plenty of men to take the offices.
Mr. RAMSEY. I move that the Senate proceed to the consideration ofexccutive business.
Mr. HENDERSON. I hope the Senator will withdraw that motion for a moment until I can make ar nest of the Senfrom Illinois. I hope that teSenfrom Illinois will with draw this amendment
The PRESIDING OFFICER. Does the Senfrom Minnesota withdraw his motion?
Mr. RAMSEY. I do not like to do so. I am satisfied that the Senate are not prepared to vote on the question before them.
Mr. HENDERSON. I wish to make one remark.
Mr. RAMSEY. With that understanding I withdraw the motion.
Mr. SHERMAN. I simply desire to get the sense of the Senate, and therefore I call for the yeas and iiays on that motion. I have no feeling about it. If the Senate desire to prolong this matter until tomorrow they can do so; but I want to close it today. The yeas&nays were ordered; and being taken, resulted years 22, says 13; ABSENT 14. EXECUTIVE SESSION. 80 the motion was agreed to; and the senate proceeded to the consideration of executive business. After some time spent in executive session, the doors were reopened, and the senate atfiourned.
###HOUSE OF REPRESENTATIVES. Tussnar, May 1, 1866. The House met at 12 oclock m. Prayer by the Chaplain, Rev. C. B. Bovsrou. The Journal of yesterday was read and approved. RECONSTRUCTION.
Mr. BOUTWELL, by unanimous consent, gave notice that he would propose to amend the “billto pnovide for the restoration of the States in insurrection to their full practical rights, ” by striking out all after the enacting clause and inserting the following: That whenever the above recited amendment shall have become nrt of the Constitution, and Tennessee or Arkansas I all have ratified the same and shall I stated sir. my argument that have modified Re constitution and laws in conhmnl therewith and shall have establishedan equal an 1usisystemof suffrage for all male citiiens within its Jurisdiction, who are not lessthan 21 years oi nnen the Sens&Reps from such State. it tnund duly elected and qualified, may. after having taken the required oaths of OlIice be admitted into Congressassuch: Provided, That nothing in this sectioncontained shall be so construed as to reguire the diatranchisement of any loyal person who is new entitled to vote. The proposed amendment was ordered to be printed.
Mr. BINGHAM. I give notice of my intention to offer an amendineutwhich I send to the desk and ask to have printed. The dproposed amendment was accordingly ordere to be printed. TAX 0N ouuns PETROLEUM.
Mr. MOORHEAD, from the Commmittee of Ways&Means, asked leave to introduce a JtResolution to provide for the exemption o crude petroleum tibia internalrevenue tax or duty, and for other purposes.
Mr. MOORHEAD. The ComWays&Means have unanimously recommended this JtResolution.
Mr. ROSS. I am notln favor of the proposition at all, and am not willing it should come in. RESOLUTION OF MASSACHUSETTS
Mr. DAWES submitted a resolution of the Commonwealth of Massachusetts on the state of the Union and the duties of the Government to the freedmen; which was laid on the table, and ordered to be printed. MARY A. RIPLEY.
Mr. DRIGGS, by unanimous consent, introduced a bill for the relief of Mary A. Ripley which was read a 1st and 2nd time, an referred, with the accompanyingdocuments, to the ComMilAffrs.
Mr. ROSS. I ask leave to introduce a bill.
Mr. ROSS. I demand the regular order. CUSTOMHOUSEAPPROPRIATIONS.
Mr. STEVENS, from the ComAppropriat, reported back Senate JtResolution No. 75, making appropriations for the expenses of collecting libs revenue from customs. The JtResolution was read. It appropriates $2, 100,000 for the expenses of collecting the revenue from customs.
Mr. STEVENS. I simply want to say that the law of 1858, precisely in the words of this, has been acted upon ever since that time, being the permanent law; and that the la e increase in the expense of collecting the revenue, being $300,000 more than it was, makes this necessary. It is an increase from $1, 800,000 to $2, 100,000. It recounts! the old law; or, rather, repeols it, and makes one precisely like it, with the addition of $300,000 a year, which is found necessary. That is the whole of the bill. The JtResolution was ordered to be read a 3rd time; and it was accordingly read the 3rd time and passed.
Mr. STEVE. S mtRtv the JtResolution was passed; upon the table. Agreed to. CHANGE OF REFERENCE. On motion of
Mr. HIGBY, by unanimous consent, the ComAppropriat were discharged from the further consideration of the memorials of P. E. Saunders, and others, inspectors of customs in Detroit, Michigan, asking for increase of ny; also, the memorial of the Legislature of innesota, asking an appropriation for improving the harbors of Lake Superior; and the some were referred to the ComCommerce. DESTITUTE PEOPLE IN THE SOUTH.
Mr. ELIOT. I ask unanimous consent to introduce the following resolution for reference: Whereas it is represented, on civil and military authority and by ollcial reports to the Freedmans Bureau. that an alarming condition of destitution among the white population and freedmen, extending to absolutewant of food. exists in various portions of the South and especially in Arkansas. Alabama and SCarolina and that without Governmentaid 1,000smayperish by starvation beforethe raising of another crop: Therefore. uolimi. That the select committee on the freedmen inquire into the expediencyof an appropriation of $100. for the immediatorelicfb rations of food to those thus destitute. giving precranes in such relief to those whose personal (property and supplies of food have been destroye by the ravagesof war. to be exendedunder the direction of the Commissioner of Freedmen. refugees and Abandoned and that the said committeehave the right O report on such subject for consideration in the Houseat any time.
Mr. STEVENS. I merely wish to inquire of the Gentfrom Massachusetts the necessity of this resolution. Yesterday the ComAppropriat reported a bill appropriating about 11 million dollars for this very purpose, and that bill is to be considered toay in ComWhole on the state of the Union.
Mr. ELIOT. That appropriation is not for this purpose.
Mr. ELIOT. This is rather more extended than that.
Mr. STEVENS. Then I have not the least objection.
Mr. ELIOT. This resolution is only for ref erence to the committee on freedmens affairs.
Mr. STEVENS. I thought perhaps the gentleman was not aware that the ComAppropriat had reported on this subject.
Mr. STEVENS. hat is all. The resolution was referred to the committee on freedmens affairs. PAY DEPT OF THE NAVY.
Mr. RICE, of Massachusetts. I askleave to report back, from the ComNavAffrs, House bill No. 197, to provide for the better Organization of the pay Dept of the Navy, which has been returned from the Senate with amendments. The committee recommend a concurrence in the amendments of the Senate. There was no objection; and the report was received, and the amendments of the Senate were concurred in, as follows: On page 1. line 7.after the word " paymasters." insert “ and all passedasstnaymastersauthorized By this act to be appointed who have not heretofore been appointed llllt commissioned as asst my masters and all asst paymiisters herebyaut or lied to be appointed shall beselected from thosewho have served as acting asst paymssters for the term of one year and who were eligible to appointment to the gradeof asst paymasterswhen they were appointed asstpaymastersas aforesaid.“ On the same page and inc, after the word " subject." inse rt " however."
Mr. RICE, of Massachusetts, mtRtv the amendments of the Senate were concurred in; upon the table. Agreed to.
Mr. McRUER. Will the Gentfrom Illinois [Mr. Wasnsvasn] yield to me for a moment? "Mr. WASHBURNE, of Illinois. [yield for a moment to the Gentfrom Ohio, [Mr. Seaman]
The SPEAKER. Then the Chair must arrest all other business but the regular order.
Mr. SCHENCK. I hope the Gentfrom Illinois [Mr. Ross] Wlll hear what he is obficting to.
Mr. RICE, of Massachusetts. I desire to offers resolution to carry into operation the Drovisions of the bill just passed.
The SPEAKER. The Gentfrom Illinois [Mr. Ross] demands the regular order of business.
Mr. ROSS. I desired to offer a resolution a shorttiine ago and objection was made and I must therefore insist on the regular order. REGULATION OF tuitiouuiosi. the SPEAKER stated the regular order of business to be the unfinished business of yes It is for the purposes of I demand the regular order of.". I. terday, being the consideration of House bill Illinois to understand thatI have no disposi No. 481, entitled “ An act to amend an act Vtion or intention to embarrass the action of the entitled An act to encourage iinmigration, approved July 4, 1864 and an act entitled An act to regulate the carriage of passengers in steamships and other vessels, approved March 3, 1866, and for other purpose."
Skip Skip The bill was reported without amendment, the pending question being upon ordering it to be engrossed and read a3rd time.
Mr. WASHBURNE, of Illinois. This bill was reported from the ComCommerce, and with the report accompanying it has been printed for some time, and placed upon the fi es of members. It is a pretty broad bill in its provisions, and I desire members to examine it closely, as it may be broader than some members maybe willing to agree to. But the committee believe that in consequence of the vast immigration to this country at the present time, and the character of the vessels in which these immigrants are brought to this country, it is important that something should be done immediately in this matter. The bill was read in full.
Mr. WASHBURNE, of Illinois. I move to amend the last clause of the section in relation to the enforcement. of penalties, being section 4 of the bill, so that it shall read: It shall be lawful for the Commissioner of Immigration, before or after suit brought. to compound any of said penalties. Payments or forfeitures. upon such termsas he shall think proper. The amendment was agreed to.
Mr. WASHBURNE, of Illinois. There is one section printed in this bill which has been inserted by mistake section 8. I move to strike out the section. The section was as follows: SEC.8 and heilfizrtherrnacfrd. That all fines. penaltics and forfeitures recovered at the ort of NewYork byvirtue of thisact or any acthare y amendod. except for death of passengerson voyage shall be paid over to the superintendent of immigration at that city. to be accountedfor by him to the Commissioner of Immigration and disposedof by the latter as now provided bylaw. The motion to strike out was agreed to.
Mr. WASHBURNE, of Illinois. If no one desires to be heard upon the bill I will ask that the House vote upon it now.
Mr. DARLING. I hope the Gentfrom Illinois [Mr. wASKBURXE] will not callthe previous question upon this bill at this time.
Mr. WASHBURNE, of Illinois. lhave no desire to call the previons question now if Gentlemen desire to discuss the bill. This measure is no petof minc; it is for the benefit of the constituentsof the Gentfrom NewYork, [Mr. DARLING.) Ifhe desires to kill the bill, be may do so.
Mr. DARLING. I agree with the distinguished Gentfrom Illinois [Mr. WastiHURNlZ]as totheimportance of this bill, particularly in relation to the port of NewYork and other ports of the Atlantic coast. But I had the honor, on the 29th of lanuary, ofintroducing a bill amending the presentpassenger law in regard to the carrying of passengers. That bill, I understand. has been submitted by the committee to the SeeyTreasury and has met with his approva. If it is to be reported to the House by the committee, I shall not object to some alterations being madein it. Otherwise I should like to have incorporated in this bill the 1st section of the bill introduced by me, which covers pretty much all the defective points in the present passenger law. it
Mr. wASHB RNE, of Illinois. I would say, in reply to the Gentfrom NewYork. [Mr. Dannined that the bill be has introduced is being considered by the ComCommerce and will undoubtedly be reported upon favorably when that committee is called. There are some very important provisions in it, but they would be out of place in this bill. This bill is in aid of the Bureau of Immigration, and is one of very great importance to the city of NewYork. I iave no particular interest init myself; but I aui somewhat surprised to see my Iglfitfld disposed to embarrass the passage of this I
Mr. DARLING. I wish the Gentfrom House upon this bill; on the contrary, I very much desire its passage. Section 3 of this bill substantially embodies a portion of the provisions contained in the bill introduced by me. I only desire to have it understood that the passage of this bill shall not prejudice the passage of my own bill when it shall come before the House.
Mr. CHANLER. I desire to ask the Gentfrom Illinois [Mr. WssuaUaNtz] if this bill has been recommended by any competent authority.
Mr. DARLING. I have not yet yielded the floor. I desire to move to insert after the words, “Commissioner of Immigration, ” at the close of section 4. the words, “with the approval of the SecyState.” The clause will then read: It shall be lawful for the commissioner of Immiation. with the approval of the SecyState cforeor afler suit brought.to compound any of said penalties. payments or forfeitures.upon such terms as he shall think proper. I
Mr. WASHBURNE, of Illinois. thank the gentleman for his suggestion; I think the amendment is a very properone. The amendment was agreed to.
Mr. DARLING. I move to amend by striking out in the 3rd section the following words, beginning at the word “ship” in the 2nd line: Owned in whole or in part by a citizen of the U.S or by a citizen of any foreign country, an. This phraseology is mere surplusage; for who but a citizen of the U.S or of a foreign country can own a ship P I suppose the Gentfrom Illinois wi not object to this amendment.
Mr. WASHBURNE, of Illinois. I have no Objection to that amendment. The amendment was agreed to.
Mr. DARLING. I move to amend by striking out in the 5th line of the same section the word “ 14, ” and insertingin lieu thereof the word “ 12, ” so that the clause will read as follows: That in every passengership carrying passengers to or from the U.S. all the male passengers of the ageof 12 years and upward. who shall not occupyberths with the ir wives shall be berthed in the fore part of the ship. in a compartment divided 05 from the space appointed to the other passenger! by a substantial and well securedbulkhead.Without opening into or communicating with the aforesaid adjoining space.
Mr. WASHBBURNE. of IlllllOlS. I have no obyection to that amendment. The amendment was agreed to.
Mr. CHANLER. I ask the Gentfrom Illinois to give us some information relative to the 14thsection. It strikes me this section gives a great latitude of power to the naval surveyors, and may operate injuriously with regard to immigration. This power may be exerted in such a way as to interfere imroperly with those engaged in the business of ringing immigrants to this country. The gentleman will oblige me by giving some information in regard to the history and necessity of this section. For the purpose of eliciting an eXplnnation I move to strike out the 14thsection.
Mr. WASHBURNE. of Illinois. This is one of the most vital sections of the bill. If we strike it out we may as well defeat the whole bill. I could not hear distinctly the remarks of the Gentfrom NewYork, [Mr. CHANI.ER] and do not understand precisely the ground of his objection. As the law now stands, there are so many abuses in regard to the space which shall be occupied by passengers in these ship s, that it is found necessary to authorize by law some specific otheer to make the surveys. Hence, by this bill, it is made the duty of the naval surveyors at the various ports to attend to making the surveys. The want of such action and such authority has led to the greatest possible abuses. as the Gentfrom NewYork must thoroughly understand.
Mr. DONNELLY. The proposition of the Gentfrom NewYork is to strike out the 14th section of the bill. I will say, in answer, that if the motion is adopted it will strike out the vital portion of the end in measure. Without that section the bili would be a nullity. The bill is intended in the main for the protection ofimmigrants to this country from being overcrowdedfas many of them are, on ship board. We find when we permit such over crowding we not only do great injustice to the immigrant, but we incur the danger to the country, as we have already seen, of having a terrible pestilence brought into our ports, and thence spread over the land. The section provides that. Evory vessel carrying immigrants shall be surveyed so as to ascertain whether overcrowding takes place; and where overcrowding does take place a penalty is imposed. It is the vital portion of the bill. I think the House and country are indebted to the Gentfrom Illinois [Mr. Wasn nlmsE] for pressing through this bill. It is not only a measure of safety for our own people. but of humanity to those whom our laws invite to our shores, who are to become citizens among us, and whose immigration hither should be encouraged by every propermeans. We must avoid these "horrors of the middle passage, ” the recital of which, in the case of the vessels which have lately reached NewYork and Halifax, freighted with estilence, revive the memo of the African s have trade.
Mr. WASHBUrIlNE, of Illinois. I demand the previous question.
Mr. CHANLER. If the gentleman demands the previous question, cutting all“information, I must insist on my motion to strike out.
Mr. McRUEIt. I ask to amend the section so that it will read as follows: SEC.14. Abife:.That it shall be the duty of the naval surveyors at the various ports to survey ships and vessels engaged in the carrying “(passengers under the laws of the U.S. an to certify under their hand and seal to the commissioner of Immigration thesplicesIn each such ship or vessel on the various decks.said spaces to be classed as1st and 2ndeabin and stecrugc and how many passengers the said ship ) or vessel may be entitled to carry under the laws of the U.S. in eachof said spaces.classed as aforesaid, 5w. Mr. Speaker, my object in this amendment is to provide that a ship entitled to carry 1000 passengers, as follows: 100 in 1st cabin, 200 in 2nd cabin and 700 in steerage, shall not crowd the whole number into the steerage or overcrowd another portion of a ship.
Mr. WASHBURNE, of Illinois. That is not applicable to this, but to another measure which the committee have been considering. I insist on the demand for the previous question.
Skip Skip The previous question was 2nded and the main question ordered. Mr. Culixnnas motion was rejected. The bill was orderengross and read a 3rd time: and being engrossed, it was accordingly read the 3rd time and passed. Mr. WASHBURNE, of Illinois, mtRtv the bill was passed; upon the table. Agreed to. PROVOST MARSHAL G general.
The SPEAKER announced the following as the select committee on the Provost Marshals Bureau, the: Messrs. SHELLABARGER, Wisiiou, Berna Cook, and wARNER.
Mr. bARLING, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to; Whereas.reports are freelycirculated and charges made. that recruits were by fraudulent practicesinduced to enlist in the armiesof the U.S. in the city of NewYork and elsewhere.by officers of the Government and other persons employed bysuch officers the aid in such fraudulent practices; and whereas it is lille edthat such recruits when enlisted weredeprived of their bounty and incarcerated in prison and this bounty divided and shared between such officersand the personswho were employedby them and also that personsengagedin the business of recruiting for the Army in the city of NewYork and elsewhere.were also ldefruuded y such cflicers laanrdge other personsacting in concert with them, and amounts of money demanded and extorted from them.arld that they were imprisoned until such demandswere coulplle With. arid werethen imme diately released; and whereas it is important that the truth of thesegrave charges should be speedily ascertained: Therefore. Received.That the select committee of 5 appointed under the resolutlon of the 30th ultimo be directed to investigate such charges and that they have full power to sendfor personsand papers and reportthe resultsof such investigation to this House assoonas practicable. STARVING MOUNTAINEERS OF ALABAMA.
Mr. KELLEY. I ask unanimous consent of the House to submit the followingresolution for the relief of the starving people of the mountain districts of Alabama: wherens it is reported by citizens of Alabama. informal memorial to the 2 Housesof Congress. that many of the coplo of the mountain districts of that State aresu cring from want of adequate suppliesof food and that a considerable number of them have died of actual starvation: Therefore. Renoued.That the President be reuested to instruct.the proor officer orplhcerspf the Refugees Bureau of and freedmen to inquireintotho conditionof said districts and any other districts of the insur gent.States.in which such suffering may be said to exist and to relieve the people thereof and provide them with corn and other seed for lanling nerop snflicient for an annual supply to one family requir lng such relief. There was no objection.
Mr. SMITH. To what class does it refer?.
Mr. KELLEY. Those who are referred to in the memorial I had the honor to present some time ago. They are white mountaineers of Alabama, who served in either army. They are the poor white people of northern Alabama.
Mr. SPALDING. I hope the gentleman will insert the word “white.
Mr. KELLEY. I do not suppose there are any colored people in those mountains. I demand the previous question.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the resolution was agreed to. The question then recurred on the adoption of the preamble; and it was also a eed to. Mr. STEVENS mtRtv the reamble and resolution were passed; upon the table. Agreed to. Illinois SHIP CANAL.
Mr. ROSS. I ask unanimous consent to introduce a bill for reference. I do not want to place myself in the condition of some other gentlemen claiming the credit of manufacturing this bill. It was one that was passed at the last Congress. It is a bill to construct a ship canal for the passage of armed and naval vessels from the Mississippi river to Lake Michigan, and for other purposes. The bill was read a 1st and 2nd time, and referred to the ComRds&canals. LONG BRIDGE. Mr. ROLLINS. by unanimous consent, submitted the followin resolution; which was read, considered. an agreed to: Resolved .That the ComDistCol be inintesrt rruupetteiodntoofintrqauvierol ionvtoert Long Bridge and rppprt the reasons why said bridge is allowed to remain impassablefor months.
Mr. ROLLINS mtRtv the resolution was agreed to; upon the table. Agreed to. THANKS TO OFFICERS, SOLDIERS, and SEAMEN.
Mr. SCHENCK, by unanimous consent, from the ComMilAffrs, reported back without amendment Senate JtResolution No. 34, exressive of the gratitude of the nation to the officers, soldiers, and seamen of the U.S.
Skip Skip The JtResolution was read the 3rd time and passed. Mr. SCHENCK mtRtv the JtResolution was passed; on the table. Agreed to. TAX ON CRUDE PETROLEUM.
Mr. MOORHEAD. I now ask leave to report from the ComWays& Means JtResolution to provide fort e exemption of crude petroleum from internal tax or duty, and for other purposes. The JtResolution was read.
Mr. 058. I supposed this was intended for reference.
Mr. KUYKENDALL. I object to the intro duction of the JtResolution.
Mr. KUYKENDALL. I have no objection to an explanation, but I shall object after it is explained.
Mr. MOORHEAD. It was reported unanimousl by the committee. A committee from the oi region came down here and showed a terrible state of affairs, arson and anarchy, in cousequence of this act. These gentlemen appeare before the committee and satisfied us that it was a state of affairs that required rompt action. The same provision is in the bil. This will only make it act 3 or 4 weeks soaner.
Mr. KUYKENDALL. Why not send the soldiers to put the burning down?
Mr. MOORHEAD. That would be very exensive.
The SPEAKER. Is there objection to the consideration of this JtResolution? The Chair hears none, and the JtResolution is before the House.
The SPEAKER. The Chair asked if there was objection, and paused, and no person objecte.
Mr. WASHBURNE, of Illinois. The Gentfrom Illinois [Mr. KUYKENDAIJ] did persist in his objection, and I am bound in justice to say that gentlemen all around here heard him. He objected when the Chair called for objection. I do not withdraw
Mr. MOORHEAD. He did not object from his seat.
Mr. BROMWELL. I objected from my seat but was not heard by the Chair.
The SPEAKER. If the gentleman objected from his sent it is good.
Mr. KUYKENDALL. I notified the Chair in time that I would renew the objection after e explanation.
The SPEAKER. If the gentleman states that he renewed it that is ancient.
Mr. RAYMOND. I wish to say that when the Chair put the question whether there was objection the last time, I distinctly heard the Gentfrom, Illino1s [Mr. KUYKEXDALL] say “ I object, of course. It may not have reached the Speakers ear.
The SPEAKER. If the Gentfrom Illinois states that himself, that is enough.
Mr. MOORHEAD. I raise the point of order that the Gentfrom Illinois was not in his seat when he objected.
The SPEAKER. The oint oforder comes too late. The objection oiP the Gentfrom Illinois was in time.
Mr. MORRILL. I think the gentleman Would not object if he would hear the bill fairly explained.
Mr. KUYKENDALL. I objectto any article being brought in here and exempted before the main bill is acted on. I do not know but that I shall object to exempting this article even in the main bill, but I certainly object to taking a particular article from the main bill to exempt it before anything else.
Mr. MORRILL. There are peculiar circumstances.
The SPEAKER. The bill is not before the House, objection being made. FREEDM EN, S BUREAU APPROPRIATION. Lin STEVENS. I move that the rules be suspended and the House resolve itself into the ComWhole on the state of the Union for the purpose of considering 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. Donner.“ iu the chair) and proceeded to the consideration of the special order, being bill of the House No. 645, making appropriations for the uses of the Bureau of reugees, freedmen, and Abandoned Lands, for the fiscal year commencing January 1, 1866. By unanimous consent the 1st reading of the bill was disused with; and the bill was then read by c uses for amendment, when no amendments were offered.
Mr. STEVENS. I move that the committee rise and report the bill to the House. The motion was agreed to. So the committee rose; and the Speaker having resumed the chair,
Mr. DOKNELLY reported that the ComWhole on the state of the Union had had the Union generally under consideration, and particularlythe special order, being bill of the House No. 545, making appropriations for the uses of the bureau O Refugees, Freedman, and Abandoned Lands for the fiscal year commencingJanuary 1. 1866, and had directed him to report the same back to the House without amendment and with the recommendation that it do pass.
Mr. STEVENS. I move the previous question on the engrossment of the bill.
Mr. BLAI E. I desire to ask the Gentfrom Pennsylvania aquestion.
Mr. BLAINE. In line 24 of the bill I notice an appropriation of $8,000,000 “for sites for school houses and asylums." Now, I have understood that land in the rebellious States has become very cheap by reason of the suppression of the rebellion, and ifwe are going into the building of school houses on a scale large enough to require an appropriation of $ 3,000,000 for the mere ur o of sites on which they are to be be t, it seems to me to be a little “steep.” I ask the chairman of the ComAppropriat to explain that.
Mr. STEVENS. The report of the Commissioner of this bureau, if the gentleman will turn to it, sets forth the whole matter. I hope the gentleman has read it. It shows most u out need for this appropriation, because these school houses, which have been built ina great many instances upon abandoned lands, at a very fieat expense even to some of the freedmen, have nearly all of them, by order of the President, been restored to the rebel owners; and now the Dept is obliged to go into the purchase of lands for school houses for these poor, willin peeple, or to have no school houses at all. The estimate which has been made amounts to what we have reported in this bill. There are now at this time, or there were at the time the report was made, between a 100 and a 150,000 scholars, and there are now over 200,000, who are all to be turned out unless this appropriation is made. I think it is the most wholesome provision that could be made; and that no like sum of money will be paid out for a better purpose. They have never had half the number of school houses they should have had for the purpose of accommodating even the present number of scholars.
Mr. ASHLEY, of Ohio. I think this claim in relation to schoolhouses should be trans sed; it is now somewhat imperfect.
Mr. BLAINE. With land at $500 an acre, an appropriation of$8,000,000 would be enough to purchase sites for filly the asand school houses.
Mr. STEVENS. I move to amend the clause in relation to school houses and as lums by inserting afier the word “sites” the words “and buildings.” It will then read: “ For sites and buildings for school houses and asy lums, $3,000000.” The amendment was agreed to.
Mr. ELDRIDGE. That was the very clause in regard to which I desired to make an inquiry of the Gentfrom Pennsylvania, [Mr. Srs vans] We could not hear the conversation of gentlemen on the other side, and do not know what that clause was intended to mean. It seems to be a very large sum for sites for as lame and school houses. Mr. STEVENS. It has been amended so as to include sites and buildin s.
Mr. ELDRIDGE. That may esaverydiiferent thing of it.
Mr. BANKS. I would inquire what is the nature of the transportation for which this bill makes an:1 proriation of $1, 980,000.
Mr. STEVENS. I understand that, by the operations of the Government in restoring the forfeited and abandoned lands to their former owners, a great many of these freedmen must be transported to other places; the Dept has been driven by the action of the Governmentto transport many of these people to other places.
Mr. BANKS. It seems to be a very large sum for transportation alone.
Mr. STEVENS. It is for transporting both refugees and freedmen and the amount of money expended at this moment for refugees it will be found is more than double the amount exended for freedmen.
Mr. MORRILL. I would ask the Gentfrom Pennsylvania if he will not consent to have this bill go over for a day or 2, in order that it and the report of the Commissioner may be examined. perceive that it appropriates $11,500,000 and morc, whieh is certainly a very large sum, and the bill should be fully under stood by the House.
Mr. STEVENS. I had supposed that every gentleman who felt any interest in this matter had examined the subject and knew all about it. The bill is basedupou reports of the commissioner made since the 1st of December.
Mr. KASSON. Will the Gentfrom Pennsylvania allow me a word?
Mr. STEVENS. Certainly., Mr. KASSON. I am inclined to think, upon looking over this bill, that it was prepared with referenee to another condition of facts. I was not in our committee when this bill was passed upon by them. But my impression now is that the sums named in the bill are based upon facts, to a certain extent, that do not now exist. For example, very many of the persons for whom transportation was origi nally designed, whether refugees or freedmen, have already been transported to their homes, or to places where they have found employment. I say this is my impression. Whether my impressmu is correct or not, I think we ought, as the Gentfrom Vermont [Mr. MORRILL] suggests, to take sufficient time to ascertain whether it is not practicable to cut down this large amount of appropriation. If the chairman of the ComAppropriat [Mr. Srsvnns] knows thatlam in error, of course my reason for delay is without foundation. But I think we ought to takealittle time to examine into this bill.
Mr. STEVENS. I know only what the Commissioner of the Freedmens Bureau, GenlHoward, has informed me. Twice within the last week he has urged me to have this bill passed, tating that it wa impossible to go on with the operations of that bureau unless this bill be passed. All the transportation and all the clothingwhich the bureau has been supplying is to be paid out of this approriation, and it is the urgency of the case which induces me again to call the previousquestion.
Skip Skip Mr. ROSS. I move to lay the bill out ie table; and on that motion I call the yeas&nays. The yeas&nays were ordered. The question was taken; and it was decided in the netive yeas 27, hays 91, not voting 65; So the motion to lay the bill on the table was not agreed to. Mr. LAWRENCE, of Ohio, who was absent during the call of the roll, stated that if present he would have voted in the negative. MESSAGE no.“ A message in writing from the POTUS was received, by Mr. Conrun, his Private Secretary, who also announced that the President had approved and signed bills of the following titles: An act making appropriations to supply deficiencies in the appropriations for the public printing for the seal year ending June 30, 1866; and An act for the relief of George R." Frank, late a captain of the 33rd regiment Wisconsin volunteer infantry. PREEDMENS BUREAU APPROPRIATIONAGAIN
Skip Skip The question recurred on 2nding the de mand for the previous question. William Lawrence
Mr. STEVENS. Iwithdraw the demand for the previous question, and move to amend by reducing the appropriation from $3,000,000 to $2,000,000.
Mr. wASHBURNE, of Illinois. I understand that the committee on freedmen have given this subject some examination; and I desire to suggest to the Gentfrom Pennsylvania whether it would not be well to refer this matter to that committee, that they may report upon it. I
Mr. STEVENS. There seems to be some difficulty among gentlemen around me, because they are not weTl informed in regard to this matter. I desire to say a word of explanation. These commissary stores, for instance, are stores furnished out of what is already on hand. These stores, instead of being sold, have been furnished, and are still being furnished, to these freedmen, and they are charged to this bureau. These stores are furnished, not only to the freedmen, but also to the refugees in much larger proportion. One word as to the necessity for appropriations for transportation. I have in my hand a note from GenlHoward, stating that with out. an appropriation it is impossible for him to furnis the necessary transportation to these people. Numbers are flocking into this city to whom he desires to furnish transportation; but he cannot do so. He has gone as far as the SecyWar will allow him to go under the present appropriation. I will ask the chairman of the committee on freedmen [Mr. Emor] to state whether these things are necessary or not.
Mr. ELIOT. In reply to the inquiry of the Gentfrom Pennsylvania [Mr. Srsvsns] will state that this subject has not been particularly examined before the committee on freedmen. But I have personally, as a member of the House, taken some ains to ascertain, by inquiry at the office of the Commissioner of the Freedmens Bureau, in regard to these items of appropriation; and I should be very glad to answer any inquiry which any gentleman on the floor may feel disposed to put concerning the propriety of any of these rfims. In respect to the appropriation that is called for in connection with the quartermasters Dept, I would state that except the clothes which properly belong to women and children, all the clothing has been obtained from the quartermasters Dept at the values of the articles. They have been charged, so far as they have been heretofore obtained, to the bureau. The estimate is made here showing the amount which will be wanted during the coming year not to go into the market and purchase cloting, but to go to the quartermaster with requisitions, so that clothing which would otherwise be sold for half rice for there is a very large amount on has will be sold to the Freedmens Bureau at full price. It is not taking money from the Treasury at all; it is simply to enable the Freedmcus Bureau to purchase from the quartermasters Dept clothing which that Dept has now on hand. lat does not, of course, include the clothing for women and dependent children.
Mr. ELDRIDGE. I desire to inquire in reference to the 1st section of the ill. I notice that it provides these sums shall be appropriated out of any money in the Treasury not otherwise appropriated, for the support of the Bureau of efugees, Freedmen, an Aban doned Lands, for the fiscal year commencing January, 1866. I want to know what the an ort of abandoned lands means.
Mr. ELIOT. That is simply the title of the bureau. The law creates a bureau of Refu gees, Freedmen, and Abandoned Lands.
Mr. ELDRIDGE. 1st the bureau is provided and then we have freedmen, and next aban oned lands.
Mr. ELIOT. It is the name of the bureau, and thatis all. In regard to the transportation I will sa a Word.
Mr. ELDRIDGE. Allow me to ask anotherquestion before the gentleman proceeds. Has this expense been incurred, or is the appropriation to be hereafter used? If a part has been incurred, what portion is hereafter to be used?
Mr. ELIOT. Which appropriation does the gentleman refer to?
Mr. ELIOT. It wouldbe impossible to answer that question accurately; a portion has been used and a portion is to be used. In regard to transportation, about 20 2000 refugees and freedlnen have been transported, and those 22,000 have been charged by the uartermasters Dept to the Freedmens urcau. That has all to come out of this appropriation. It is estimated that about 44,000 will want to be transported. 1f the gentleman desires it I will state who they are and what they are. There are in this District, because of the war and because of the demand for labor, some 4 or 5,000 who can have homes provided for them by the Government, and who will cost nothing to the Government when they have been removed to these homes. They cannot get there now, and a part of this is to paijthat expense.
Mr. ELDRIDGE. How much of the 3 millions for sites for school houses and asylums has been exended?
Mr. ELI T. There has been no money approgriated fer or expended in the purchase O an s or buildings I am aware of. I will say, Mr. Speaker, there is no school the expenses of which have been borne by the Government. It has never paid for any tuition. All the excases of tuition have been defrayed by benevolent assoeiations of the North and West. There are some 13 or 1400 teachers employed, and there are some 90 to 100,000 scholars.
Mr. ELDItlDGE. I desire to know whether this $3,000,000 has been founded upon any report? Mr. ELIOT. It has been.
Mr. ELDltIDGE. How, if that $3,000,000 be necessary, can $1,000,000 be stricken 00, without consultation with any committee or bureau, without impairing the efficiency of this service?
Mr. ELIOT. It cannot be done. This estimate of $3,000000 was founded upon a certain amount for each school and for a certain number of schools, so much for each school. In some portions of the South the price of land and building is larger than in other portions. The estimate, so far as it could be, has been accurately made at the Dept. Striking down the appropriation $1,000,000 it will disable the bureau from accommodating as many as if it had $3,000,000. Let me say there are a great many scholars, children of white people, who are instructed as well as the children of freedmen.
Mr. ELDRIDGE. On what report is the estimate made?
Mr. ELIOT. On the report submitted by the Commissioner of the Freedmens Bureau; and on a report in reply to the ComAppropriat. My friendfrom Pennsylvania [Mr. STEvsxs] has either here on his desk or at his room a communication from the Commissioner stating in detail the items which he wants, and the reason why they are needed.
Mr. ELDRIDGE. But I wish to know if the committee have made any report upon which we can act intelligibly upon this or any other item in this bill.
Mr. ELIOT. A report has been made from the Bureau of Refugees and freedmen; the gentleman will find it among his documents.
Mr. ELDRIDGE. What I ask is whether the committee have made any report.
Mr. ELDRIDGE. The committee report in this bill.
Mr. GRINNELL. I will state that we considered this item for school houses and asylumsof his Democratic friends; the 3 or 4 times in the committee, and it was fully discussed.
Mr. NlBLACK. I would inquire how the titles of these school houses and asylums proposed to be built by the bureau are to be ta en.
Mr. ELIOT. 1n the name of the U.S.; all the preperty will belong to the U.S.
Mr. NIBLACK. Does this constitute a permanent system or a temporary one?
Mr. ELIOI. It must necessarily be tem porary as we all presume. It is one of those things which we cannot get clear of. It is temporary, but it costs something now. Let me say that the buildings which have been heretofore used for school houses have been taken from the rebels who had formerly occupied them. school houses were deserted and abandoned here and there which could be made available. But now these buildings have been taken from the possession of the bureau and have been substantially returned to the owners, and the time has come when these 125,000 children, white and black, will be taken from their buildings unless the Government foraseason interposes.
Mr. CHANLER. Will the gentlemanallow me to ask upon what authority he makes the assertion that if the public school houses in the South erected for the education of white children are returned to the white people of the South, the white children will be kept out of school?
Mr. ELIOT. I have not said any such thing.
Mr. CI IANLER. I understood the gentleman to say that unless this appropriation was made for these sehool houses which have been seized by the Government, formerly held by the rebels, now used for white and black children, these children will be turned out. He made that assertion, and I want him to state upon what authority he can show this House that the white children of the South are edu cated by this bureau; and I want him to show by what authority the education of the white children will be essened by not following out his 1Irr.lzEmL. IOT. I cannot cousentto get myself into a controversy with the gentleman now.
Mr. CHANLER. I do not want any controversy. I want an answer to the question.
Mr. ELIOT. If the gentleman has gotthrough I will try to answer him. I have not said that the white children of the South were educated with the black children. I have said no such thing. Nor have I stated anything from which such an inference could be drawn. What I said was simply this: that in conducting the affairs of the bureau, education has been given to the children of refugees as well as to the children of freedmen and this: that where a school house which has been used, or another building which has been used for the education, under the administration of the bureau, of freedmens children and of white children, shallhave been taken from the bureau, that school would be broken u unless the Government interposed. That is all designed to say.
Mr. CHANLER. Then I suppose I misunderstood the gentleman.
Mr. ELDRIDGE. I certainly understood the gentleman to say that the white and black children were educated together, Mr. ELIOT. Well, I hope I have put it right now. I did not mean any such thing as that.
Mr. ELDRIDGE. Thatis not the fact, then?
Mr. ELIOT. I do not know anything about it. I suppose all shades of color are to be found there, and it would be hard to distinguish some of them from white.
Mr. ELDRIDGE. If that is the case, then the gentleman referred to these mixed races only.
Mr. ELIOT. The gentleman must inquire know much more about that than we do. [Laughter.]
Mr. ELDRIDGE. I do not think they understand the Freedmens Bureau better than the gentleman does. He has been the father of that measure, if not of any of these colored children. [Laughter]
Mr. ELIOT. Well, it is a very good child, and I am not ashamed of the 00s ring.
Mr. CHANLER. A question as arisen in this interlocutory discussion as to the appropriation for these school houses. The Gentfrom Massachusetts asserted, if I understood him, that these school houses which were built by the people of the South for the education of white O ildren, were at one time taken by the Government away from the white children and that black children were put into those school houses which were intened by the southern people for the education of white children.
Mr. ELIOT. No, sir; I did not say it in that was.
Mr. HANLER. No, not in that way; but that was the effect of what the gentleman said. The gentleman asserted that these school houses in which black children were being educated were taken from the white children.
Mr. CHANLER and now he proposes that an additional appropriation shall e made whereby the U.S. Government shall build other school houses for the blacks along side of those which were originally built for the whites. That is the whole of his position, as I understand it, stripped of the verbiage with which it is clothed.
Mr. ELIOT. Well, the gentleman does not understand it at all.
Mr. CHANLER. Of course not; and it is impossible to understand a system by which the white population, robbe alike of their lands and of the system of education which they had built up for themselves, are to be taxed by this bill, as well as the people of the North, to sustain a Freedmens Iliureau raised for the purpose of holding the South in subjection to a political party. It is impossible to understand a system which links together with infaniy a pretext of philanthropy.
Mr. ELlOT. Now, it there are no other in uiries which gentlemen desire to make I resi n the floor.
Mr. STEVENS. I have here a letter from GenlHoward, dated the 10th of March last, urging the passage of this bill, and I have also here his estimate giving in full all the items.
Mr. KASSON. what is the date of his report accom anying the estimate?
Mr. STEVENS. The date of his report was the 19th of December last; and then in a letter, upon my application to him, under date of March 5, he increased the amount. The committee, however, have provided in this bill for the oriinal estimate.
Mr. DODGE. Will the gentlemen allow me to ask a question of the Gentfrom Massachusetts, Mr. ELiorI]
Mr. DODGE. The estimate for transportation is $1, 980,000. It was made in December last. I understand the Gentfrom Massachusetts to state that there have been 20 2000 transported since that time.
Mr. ELIOT. I suppose it was before De cember. I do not know. It was before the time I made the inquiry.
Mr. DODGE. The average cost of transportation over 500 miles on railroads is ten dollars for each person. An appropriation of $1, 800,000 at the same rates would transport 180,000 persons. Isuppose thatsince December, when this estimate was made, the occasion for the transportation of such numbers has very greatly diminished and it seems to me, therefore, that this item might be very much reduced.
Mr. STEVENS. So the Commissioner states in his report. But he also states that they are liable to e mustered out at any moment. He wishes, therefore, to be able to employ assist ants independently of that altogether. This is all set forth in the report.
Mr. ROSS. I desire to ask the Gentfrom Pennsylvania under what part of the Constitution he thinks Congress derives the power to build school houses and educate the people of the South, taxing my constituents and is to pay the expense.
Mr. STEVENS. Under the law of nations, which is a part of the Constitution, and enables us to govern conquered provmces. [Laughter.] Mr. Speaker, there has been much more objection than I anticipated on this side of the House to educating these poor people: I fear that some of our friends here still retain a portion of their old hatred of the negro. Iii view of the objection which is made, I modify my amendment and move to amend by striking out $3,000,000 in the item for schools and school houses and inserting in lieu thereof $500,000. On this amendment, I call for the prevmus question.
Skip Skip The previousquestion was 2nded and the main question or ered; and underthe operation thereof the amendment was agreed to. the bill was orderengross and read a 3rd time, and was accordingly read the 3rd time. the question being on the passage of the bill, Mr. STEVEN S demanded the previous question. The previous question was 2nded and the main question ordered. Mr. ELDRIDGE. no s. The yeas&nays were 0rdered. The question was taken; and there were yeas 79, nays 41, not voting 63; So the bill was passed. During the roll call, Mr. ROLLINS stated that his colleague, I call for the yeas and Mr. Mansrox, was detained from the House 11:30m and roomy passing said canal. 10%. by sickness. 1 The result was announced, as above stated. Mr. STEVENS mtRtv just taken; on the table. Agreed to. MEXICO.
Mr. LAFLIN, from the ComPrintg, reported the following resolution; which was read, considered and agreed to: Resolved.That there be printed of the messageof the POTUS and the accom gnnying documentson the subject of Mexico. underate April 23.the same number as is now provided by low for the printing of the general diplomatic correspondence. Mr. LAFLIN mtRtv the resolution was adopted on the table. Agreed to. COTTON LOAN.
The SPEAKER laid before the House a message from the POTUS, transmitting, in reply to a resolution of the House, a letter of the SecyState in rerd to the rebel debt known as the “cotton oan;” which, on motion of
Mr. Kisses, was ordered to be printed and referred to the ComForAffrs. NIAGARA SHIP CANAL.
Mr. VANHORN. of NewYork, demanded the regular order of business.
The SPEAKER stated the business in order to be House bill No. 344, to construct a ship canal around the falls of Niagara, and that the nding question was on the substitute of Mr. as Hons, of NewYork, on which the Gentfrom NewYork [Mr.J. M. Heisman] was entitled to the floor.
Mr. J. M. HUMPHREY. I ask leave to offer the following amendments: Strike outse etions 7. 20. 21 and 22. Add the following: Sicc. Be funneled.$0. That before entering upon the surve or construction of this canal. the consent theretp of the State of NewYork shall be obtained and said corporation and all its property and franchises shall at all times besubjectto the laws of the State of NewYork.
Mr. ALLISON. I only yielded to the Gentleman to submit some remarks, and not. for the purpose of offering amendments. Tie SPEAKER. Then the amendments cannot be received.
Mr. J. M. HUMPHREY then concluded his remarks, begun when the bill was last before the House. The entire speech will be found in the Appendix.]
Mr. J. M. Humphrey of NewYork. Speech entitled Niagara Falls Shlp Canal. Given on April 24 and May 1, 1866. the househaving under consideration the bill providing for a ship canal around the falls of Niagara; Mr. J. M. HUMPHREY said:.Mr. Speaker! The propositions presented in this bill are undoubtedl of very great importance to all sections oft e country, and should receive unquestionably the careful, the thor ough, and the dispassionate consideration of every Representative in this House. This is in my judgment particularly necessary, for the reason that during the last ten years there has been disseminated through the country, both East and West, a mistaken idea in relation to the importance of this work, in relation to the practical benefits to be derived from it to the commerce of the country.Mr. Speaker, this bill, in my judgment, is an attempt, through this misapprehension which prevails throughout the country as to the real merits of the measure, to obtain from the Federal Government 6 or 8 million dollars to put in the hands of a company for the purpose of building a canal, where private ente rise for the ost 30 years has been engagel dhn building public works, and has utterly neglected this. I say, therefore, this is a scheme on the part of men, not any gentlemen in this House, but on the part of men who are endeavoring, under false pretenses, to procure corporate rights and to have those corporate rights accompanied by a donation from the Federal Government of $6,000,000. If this be so, then I submit we should look to it well that no such result shall follow or be indorsed by our legislation. The bill comes here with a preamble, which I ask the Clerk to read.
The Clerk read as follows: Whereas the exposed and unprotected condition of our extendednorthern frontier demands that imme diate provisions be made by the Governmentfor its defense; and whereas the construction ofaship cnnal around the falls of Niagara. to connect the navigable watersof Lakes Erie and Ontario, of sufficient dimensions for the passage of unbonts and vessels of win'Iwill afford great protectionasamilitary work. in caseof invasion or war with a foreign Power. to the largecities upon and the commerceof the northern lakes, and will be of vast importanceto the U.S. in facilitating andincreasing the commerco betweenthe States.is national in its character and should be constructed and controlled by the Government of the U.S.
Mr. hfOULTON. Do Iunderstand the gentleman to lay down the doctrine that this government under the Constitution has not the right to take private property for the purpose of building post or military roads?
Mr. J. M. HUMPHREY. Unquestionably the Federal Government has the power for military purposes to take possession of any thin, but now no such military necessity can be claimed to exist; the military necessity has ceased, and as soon as it has ceased then the Federal Government cannot take property; neither can it, after having taken it, assign it to a corporation, and invest in it this power.
Mr. OULTON. Let me ask another question.
The SPEAKER stated that the Gentfrom Iowa PMr. ALLISON] had ten minutes of his hour eft.
Mr. VANHORN, of NewYork. I accept those amendments as modifications of my substitute.
Mr. INGERSE LL. I Wlll ield 5 minutes of my time to the Gentfrom Iowa to conclude his remarks.
Mr. J. M. HUMPHREY. Will the gentleman allow me.
Mr. INGERSOLL. I cannot, for my time is limited.
The SPEAKER: The gentleman has spoken 15 minutes, the time which was allotted to him.
Mr. INGERSOLL. Iyield ten minutes to my colleague, [Mr. Coma]
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. Fonssv, its Secretary, informed the House that the senate had passed a JtResolution (S. R.No. 80) extending the time for the completion of the Union Pacific railway, eastern branch; and a bill (S.No.203) to enable the NewYork and Montana Iron Mining and Manufacturing company to purchase a certain amount of the ub ic lands not now in market; in both of which he was directed to ask the concurrence of the House. NIAGARA SHIP CANAL AGAIN.
Mr. VANHORN, of NewYork. I propose to submit the question to the House whether they will order the mainquestion to night and close this discussion, or et the bill go over until tomorrow for another hours discussion.
Mr. DAWES. Before the gentleman calls the previousquestion I desire to offeran amendment to his substitute.
Mr. VANHORN, of NewYork. I yield for that purpose.
Mr. DAWES. I offer the following amendment to the substitute: In sectionten. line 17.after the word "Massachusetts."insert “the aforesaidsubscriptionbooks shall be kept. open at the places designatedunder ( aforesaidnotice irat least t reedays.” and insert alter the word and " in the 19thline . the words"after the aforesaid 3 days;" so that the section Will read: SKC.10. Abife: That JOhn C. Dore, of Illinois; Philo Chainberlin. O Ohio; El bridge G. Merrick. of hiltllllIZI n;David ows, Abra ham P. Grant. James D. Cooper. of NewYork; James Little, of Massachusetts; and Edward H. oBproednhead. of Wisconsin, shall be commissionersto books for subscription to the stock of said corporation. on which shall be paid at the time of subaention 10%.thereof and they shall open luc bookson or beloro the let day of Au just next. at such placesnstheymayappoint. having rst given notice of the timeand place of meetingfor that purpose h publishin the same once at leastjn each week orfour woe s successively in a public news paoprekr perhipietned and published in the cit of New 0, int O State of Illinois: etroit. in the State of iohirrnn; Milwaukee, in the State of Wisconsin; Cleveland. in the State of Ohio; and Boston. in the State of Massachusetts. The afore said subscription books shall be kept open at the plucqs desiiznated for at least 3 days. A majority of said commissioners shall constitute a quorum for the transaction of business and they may adjourn from time to time.:ind alter the aforesaid 3 days. tp such placesas they may think fit. until the r ui sito numberof sharos shall be subscribedfora ense ii.surplus of shares shall be subscribed for they may apportion them men the subscribers in such manner as they shall thin for the interest of the said corporation.
Mr. VANHORN of NewYork. I accept that amendment. I have no disposition to prolong this debate, and unless some gentlemen desire otherwise, I will now move the previous question. Several Manor ins. Close it now.
Mr. VANHORN of NewYork. For the purpose of testing the sense of the House, I demand the previous question.
Mr. WARD. I ask my colleague to allow me to offer an amendment.
Mr. VANHORN, of NewYork. Iwill hear what the amendment is.
Mr. WARD. I desire to move to strike out the 19 th, 20th, and 21st sections. They are the sections which appropriate the mono of the Government to defiaythe expenses oft iis work.
Mr. VANHORN. of NewYork. I cannot yield for that purpose.
Mr. WARD. I that is not done I cannot vote for the bill.
Mr. ELDRIDGE. Cannot a separate vote he required on the appropriation under the rules, on the demand of 1/5th of the members present?
The SPEAKER. That rule applies to cases where there are various appropriations in the bill, as was the case with e river and harbor bill passed esterda.
Mr. ELDRIDGE. Does it not apply “ to appropriations of money for works O internalimprovement of an kind or description?"
The SPEAKER. he gentleman refers to rule 121, which is to be found on page 189 of Barclays Digest. The Clerk will read it.
The Clerk read as follows: "121. Upon the engrossinentofany bill making appropriations of moneyforwprks of internal improvement of any kind or description.it shall be in the power of any member to call for a division of the question, so as to take a separatevote of the House upon each item of improvement or appropriation contained in said bill or uponsuch itemsseparately and otherse ollectively. as the membersmaking the call may specify; and if one 5th of the members gresent2nd said call. it shall be the duty of the Speaker to makesuch divisions of tne question and putthem to vote accordingly."
The SPEAKER. That rule has always been held to refer to cases like the river and harbor bill which passed yesterday. Where there are various appropriations in a bill for a variety of improvements, there can be a separate vote on each appropriation on the demand of one 5th of the members present. But the Chair rules that this being an appropriation for a single object, a separate vote cannot be called for on the separate sections of the bill.
Mr. VANHORN, of NewYork. I demand the previous question. Toprevious question was 2nded and the main question ordered.
Mr. DltIGGS. I am disposed to favor this bill, for I regard this as a great national measure. I reco lect that last year when the government built one of the cutters ordered for the lakes, after it had been completed at Os wego. they were not allowed to ta c it through the Welland canal. I have onlytosay to the Gentfrom Illinois [Mr. Ross] that while he opposed the Northern Pacific railroad the other day because it passed through certain locali ties, he favors this one because he considers it may promote the interests of his own particular locality. I favor it, as I believe all the members from Michigan will do, because I consider it a great national measure.
Mr. HARDING, of Illinois. With the permission of the Gentfrom NewYork, lgiMr. VANHos N] I will sa that I am decided y in favor of improving the great national high ways of the country; and I deem the proposed canal by which it is proposed to avoi the obstructions of Niagara falls to be one of that character. this bill, because I am opposed to appropriation of moneysby congress to the use and benefitof corporations. at a provision has been I charges upon I had at 1st intended to opposeinserted in the bill by which Congress is empowered to reilate the rates of tolls and is proposed canal, to the end that to the extent oft O contribution of the General Government this canal shall be free to the people of the U.S. I shall therefore vote for the bill, and forego the oposition which I had intended to make to t.
Mr. VANHORN, of NewYork. I now yield to the Gentfrom Pennsylvania, [Mr. Srnvsxs]
Mr. STEVENS. I merely want to say that I reiard this bill as constitutional, not under the war power particularly, but under the power in the Constitution to regulate commerce between the States. Although the proposed canal is entirely within the limits of one State, the commerce which it is to convey is between a great number of separate States; therefore I have no difficulty in overcoming any difficulty or scruple about internal improvements; especially when I find the Gentfrom Illinois [Mr. ROSS] overridin his old prejudices on his old constitutions objections against works of internal improvement by the “General Government. I shall go for this measure, as I did for one the other day which was intended to bring to the East the products of the great West. It will take some time to build this can]; and before it is built this great Northern Pacific railroad will have settled and brought under cultivation millions of acres of our land, which will send its produce down Lake Superior and the other great lakes, and there must be some outlet provided for it; for the canals now made cannot carry the presentcommerce of the countlrty and that ra road bill will pass before many a New, I beseech the gentlemen from Illinois, who had such strong constitutional objections to the Pacific railroad bill, to give u their objections and o for this bill. An if we could persuade the members from Illinois and the members from Wisconsin and my friend who lives in Cleveland, that beautiful city upon the lakes, [Mr. Srsunno] to give up their scruples, we might car the bill through the House. I do pray thatt ey will lay aside those prejudices or that they will no longer exist. Iain glad my friendfrom Illinois [h
Mr. Hann 1NO] who has just spoken has yielded his prejudices for a moment to the convincing argument of the gentleman upon the other side, [Mr. Ross] who seems to have forgotten his principles of esterday and I am glad that he has, and I only hope he will never remember them a sin and I should be ladif my friendfrom the Pittsburg district [Ila Moonnusn] and others in his neighborhood would forego their prejudices and vote for this bill.
Mr. STEVENS. He says he will. I tell on the millennium day is coming, [laughter;] blind ejcs are opened, and deaf ears are unswPPQ, where this blaze of glory will end. I know the Gentfrom the Galena district [Mr. Wssnnunxs] would like to see this bill pass if it is likely to do any good. But his record is such that it is impossible for him to do anything but make a short speech against it and ifhc should speak against it, itwould be in a voice ofthunder, denouncing the terrible extravagance of those who thus vote away the public money merely to improve the country or the present generation and for future ages. I trust, sir, that this bill may pass. I support itwith sincerity. I believeit contemplates a great and a good work. If it were defeated I should grieve, if it were only on account of the noble man who has it in charge and who never fails to act liberally.
Mr. VANHORN, of NewYork. I yield the remainder of my time to my colleague, [Mr. RsvMnro.]
Mr. DE JANOAs the gentleman says he has not examined the bill in its details, will he permit me to call his attention to one of its eatures?
Mr. DELANO. Does the gentleman know how much money the bill proposes to take out of the Treasur 7
Mr. RAY 0ND. If I am correctly in formed, it prouses to take no money out of the Treasury; utit proposes to lend the credit of the Government to the extent of $6,000,000; and I be to say that I consider it in that regard the est appropriation of $6,000,000 upon which this Congress will be able to congratu late itself.
Mr. DELANO. Is the gentleman aware that one of the sections of the bill looks directly to the Governmentassuming the whole thing after the companyl has been permitted to go on bor rowin at the rate of 10%. interest? Has the gentleman lobked at the details of this monstrous measure at all? I do not believe he has; nor do I believe that the House understands what it is about to do in the possage of the bill.
Mr. RAYMOND. The gentlemans ske ti cism in regard to the extent of my knowle ge may or may not be well founded. Isay a ain, as said before thatI have not considers the details of the bill; but my impression is that I am quite as well informed as the gentleman seems to be in regard to its general scope and bearing upon the present and future prosperit of the country. a this general conviction am quite willin. to act. am responsible for no oaes vote but my own, and that will be given most cheerfully for the passage of the bill.
Mr. VANHORN, of NewYork. How much time have I left?
Mr. VANHORN, of NewYork. them to m colleague, Mr. Donna]
Mr. DODGE. Mr. Speaker, I simply wish to say in regard to this as a new work, that not withstandin the fears of the canal commissioners of the State of NewYork, I shall vote cheerfully for the bill, because I believe the prosperity of the city and State of NewYork is identified with the prosperity of the West. I believe just in proportion as Illinois and the other western States are able to produce and get profits on their products, not to dispose of them merely at cost, but as the can make a profit on their productions, will they traffic with the cit of NewYork, and use our canals and railroad s so as to make them permanently prosperous. I shall vote for this bill under the rm conviction tPat the prosperit of the country is the prosperityof the cit O NewYork. On motion of
Mr. MILLS was granted leave to publish as part of the debates some remarks he had prepared on the ending measure. [The remarks will be founzIin the Appendix.]
Mr. DELANO. I move that the House do now adjourn. We have too thin a House to consider so important a measure.
Skip Skip Mr. J. M. HUMPHREY demanded the yeas&nays. lho eas&nays were not ordered. The case refused to adjourn. ThiI question recurred on the substitute of Mr. VANHons, of NewYork, and it was agreed to. The bill was then orderengross and road a 3rd time; and being engrossed, it was accordingly read the 3rd time. Mr. DELA O moved that the bill be laid upon the table, and on that motion demanded the as&nays. The yeas&nays were ordered. The question was taken; and it was decided in the negative yeas 82, nays 85, not voting 66; So the House refused to lay the bill upon the table. During the vote, Mr. COOK stated that he was paired with Mr. BLOW, and that the latter would vote against the bill while he would vote for it. Mr. LAWRENCE, of Pennsylvania, stated that he was paired with his colleague, Mr. MILLER, and that the latter would vote for the bill while he would vote against it. Mr. GRINNELL stated that Mr. PRICE, who was absent by leave of the House, would, if present, have voted for the bill. Mr. TAYLOR stated that Mr. THAYER, who would have voted against the bill, was paired with Mr. WENrwoarn, who would have voted for it. Mr. ELDRIDGE stated he understood from Mr. Rocsas thathe was paired with Mr. HUL snap. Mr. HULBURD stated that he had reserved the right to vote on this bill. Mr. CHANLER stated that his colleague, Mr. HUBBELL, was paired with Mr. BALDWiN, of Massachusetts. The vote was then announced as above recorded. Mr. VANHORN, of NewYork, demanded previous question on the passage of the I t. The previous question was 2nded and the main question ordered. Mr. ANCONA demanded the yeas&nays. The eas&nays were not ordered. The bill was passed. Mr. VANH RN, of NewYork, mtRtv the bill was passed; upon the table. Agreed to. On motion of
Mr. VANHORN, of NewYork, the title was amended so as to read, “A bill to incorporate the Niagara Ship Canal Company."
Skip Skip MESSAGE FROM THE SENATE. A message was received from the Senate, by Mr. FORNEY, its Secretary, notifying the House that that body had adopted the reart of the committee of conference on the isagreeing votes of the 2 Houses on House bill ha. 238, to amend an not entitled “An act relating to the habeascorpus and regulating judicial pro ccedings in certain cases, ” approved March3, 1863. ENROLLED BILL SIGNED.
Mr. TROWBRIDGE, from the ComEnrollBill, reported that the had examined and found truly enrolled House bill No. 197, to provide for the better organization of the pay Dept of the Navy; when the Speaker signed the same.
Skip Skip LEAVE OF ABSENCE. Mr. NIBLACK asked and obtained further leave of absence for his colleague, Mr. KERR, for one week. Mr. GRINNELL asked and obtained leave of absence for Mr. Pawn for one week. BARRY and HIGGINS.
Mr. RICE, of Maine, by unanimous consent from the Committee on )ublic Buildings an Grounds, introduced a JtResolution for the relief of Barr 8; Higgins; which was ordered to be printed, and recommitted to the ComPubBldg and Grounds. AMERICAN REGISTERS.
Mr. J. M. HUMPHREY, by unanimous consent, introduced a JtResolution authorizing the SecyTreasu to grant Americanficgisters to certain vesse s; which was read a 1st and 2nd time, and referred to the ComCommerce. A. SHERWOOD.
Mr. J. M. HUMPHREY, by unanimous consent, introduced a bill to authorize the SecyTreasury to refund money paid by A. Sherwood, and others, for duties improperly collected; which was read a 1st and 2nd time, and referred to the ComWays&Means. POSTROUTEBRIDGES. On motion of
Mr., HARDING. of Illinois, Senate bill No. 236, to authorize the construction of certain bridges and their establishment as 0st routes, was taken from the Speakers tab e, and ordered to be printed. PAY DEPT OF THE NAVY.
Mr. RICE, of Massachusetts, by unanimous consent, introduced a JtResolution to carry into immediate effect the bill to provide for the better organization of the pay Dept of the Navy, and asked its consideration at the present time.
Skip Skip The bill 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. RICE, of assachusetts, mtRtv the bill was passed; on the table. Agreed to and then, on motion of
Mr. FARNS WORTH, (at 4 oclock and 45 minutes p.m.) the House adjourned.
Skip Skip PETITIONS, ETC. The followin petitions drawers presented under the ruleand reerred to the appropriate committees: By MLIBLDRIDGE: The petition of Allan Picrse. for ameni mentot the Constitution so as to provide that the President and VEEPshall hold their offices 20 gin" &c. B MI. FAB SWORTH: Ths petition of Hon.L W, awrenep and others, citizens of Boone county. Illinois for increasedduties upon wool. By Mr. GARFIELD. The memorial of several NewYork and Connecticut manufacturersof sheet brass.brassand copperwire and German silver. ask iniflosro.inthereepaeste idtipornotoefc7ti5oeni.tu. enl of Portage county. Ohio. asking for increased protection to American wool. By Mr. HARDING. of Illinois: A. memorial for survey of aeanal to connectRock nvar and Lake MiBeyhlilillrl. HOLMES The petitiop of Henry TenEyck, and others.citisons of Madison county. NewYork. for increaseof tarili on wool. By Mr. JULIAN: The petition of 73 citizens of of Ratnhdeollpehdocroaul nCtoyn. Isntditiuatnioan. prroa iinbgitianng aanmyednidsmtineenttion among citizens of the U.S. on account of race color or dese ent. By Mr. KELLEY: The petition of J. J. Giers, and others citizens of Alabama, praying Congress for immediaterelief tor the destitute and sufferingpoor of the mountain district of that State. By Mr. MORRILL: The petition of S. R. Batch ellor and others. citizens of West Braintrce. Var mont. praying for increasedprotection o nwool. y Mr. IOND:JtResolutions of the Legislature of NewYork, in favor of the passage of a bill to egpalize bounties paid to soldiers. By Mr. ARD: The ctitien of citinenpof Wirt. Allegheny county, NewYork. in favor of increasing the tariffon woo.
@@@IN SENATE SENATE. WEDNESDAY, May 2, 1866. Prayer by the Chaplain, Rev. E. H. GRAY. The Journal of yesterday was read and approved.
Skip Skip PETITIONS and MEMORIALS.R. HARRIS. I ask leave to present the petition of William Johnson. It appears that this petitioner, who is described in his apers as a man of dark complexion, witmhilbitlaarcy liair and e es, enlisted as a private in the 14th regiment of NewYork heavy artillery, and served as a private until his regiment was mustered out. He was mustered out with the regiment, but he was aid only 7 dollars a month. being treated by the officers of the Government as a colored man. He now asks that an act of Congress may be passed giving him the same pay as other privates of his regiment. I move that the petition be referred to the ComMilAffrs . The motion was agreed to. Mr. FESSENDEN presented the petition of Ezra Carter, jr., late collector of the customs of the district of Portland and Falmouth, praying to be allowed a balance due him on account of certain moneys expended for npairs to the customhouse. the vouchers for which were destroyed by fire; which was referred to the ComClaims. He also presented ten petitions numerously signed by producers, traders, and operators of the oil regions of Pennsylvania. representing that the tax on crude petroleum is oppressive, impolitic, and unjust, and in its operations is fast crushing out all new develOpments of territory, closing up wells of moderate yield, and paralyzing every branch of business in that section of country, and praying that the tax may be repealed; which were referred to the ComFinance. Mr. HENDERSON presented additional papers in relation to the claim of Washington Crosland for compensation for losses accruing from the seizure and use of his property by the Government of the U.S.; which were referred to the ComClaims. PAPERS WITHDRAWN. On motion of
Mr. POMEROY, it was Ordered, That C. C. Hutchinson have leave to with draw his petition and other papersfrom the files of the Senate. REPORTS OF COMMITTEES.
Mr. WILLIAMS, from the ComClaims, to whom was referred the petition of Eli W. Goff, praying for compensation for property rese ued from him while inspector of customs for the district of Vermont, submitted an adverse report thereon; which was ordered to be printed.
Mr. WILLEY, from the ComDistCol, to whom was referred a bill (S.No.281) to authorize the Chesapeake Bay and Potomac River Tide Water Canal Company to enter the DistCol, reported it with an amendment.
Mr. CLARK, from the ComJudiciary, to whom was referred a bili (H.R.No. 473) to extend the jurisdiction of the Court of Claims, reiorted it without amendment.
Mr. LANH, of Indiana, from the ComPensions, to whom was referred a bill (H.R.No. 493) grantinga pension to Mrs. Joanna Winaus, reported it without amendment. He also, from the same committee, to whom was referred a petition of unmarried daughters of revolutionary soldiers, praying that they may be granted the same pension that was received by their mothers while living. asked to be discharged from its further consideration, and that it be referred to the Committee on Revolutions Claims; which was agreed to.
Mr. SUMNER, from the ComForRel, to whom was referred a message from the POTUS, communicating a report of the SecyState, and papers relative to the claim on the government by the owners of the British vessel Magicienne, reported a bill (S.No.297) for the relief of the owners of the British vessel Magicienne; which was read and passed to a 2nd reading.
Mr. JOHNSON. I am instructed by the ComJudiciary, to whom was referred the bill No. 75) to amend the act entitled “An act to reorganize the courts in the DistCol, ” &c., and for other purposes, to report that they have had it under consideration and are of opinion that it should not pass. I move that the bill be indefinitely postponed. The motion was agreed to.
Mr. POLAND, from the ComJudiciary, to whom was referred a JtResolution (S.R.No. 30) to refer the claim of the administrator of Richard w. Meade, deceased, to the Court of Claims, asked to be discharged from its further consideration, and that it be referred to the ComClaims; which was agreed to.
Mr. NYE, from the ComNavAffrs, to whom wasreferred the petition of A. L. Fleury, prayin for the appointment of a commission to visit ondon to investigate the invention of the socalled Zopissa board with a view of purchasing that invention for the use of the U.S. Government, reported adversely thereon, and asked to be discharged from its further consideration; which was agreed to.
Mr. MORRILL, from the ComDistCol, to whom was referred a bill (S.No.246) relating to public schools in the DistCol, reported it without amendment. He also, from the same committee, to whom was referred a bill (H.R.No. 183) concerning the fire Dept of Washington city, reported it without amendment. He also; from the same committee, to whom was referred a bill (S.No.258) to incorporate the 1stCongregational Society of Washington, reported it Without amendment. e also, from the same committee, to whom was referred a bill (S.No.264) to grant certain privileges to the Alexandria and Washington Railroad Company in the DistCol, reported it without amendment. He also, from the same committee, to whom was referred a bill (S.No.247) donating certain lots in the city of Washington for schools for colored children, reported it with an amendment.
Mr. MORRILL. The same committee, to whom was referred a petition of citizens of the U.S., praying for an appropriation for the establishment of an industrial nor mal school and farm and workshops in the DistCol for the education of compe tent teachers in agriculture and the mechanic arts, have instructed me to report that legislation is inexpedient; and I move that the petition be indefinitely postponed. The motion was agreed to.
Mr. VANWIN KLE, from the ComPensions, to whom was referred the petition of Mrs. Jane D. Brent, praying for a pension, submitted a report, accompanied by a bill (S.No.298) granting a pension to Jane D. Brent. The bill was read, an passed to a 2nd reading, I and the report was ordered to be printed. e also, fromthe same committee, to whom was referred the petition of Mrs. Jane E. Miles, widow of William D. Miles, praying for a pen si n, submitted a report, accompanied by a bi (S.No.299) granting a pension to Jane E. Miles. The bill was read, and passed to a 2nd reading, and the report was ordered to be printed. REPORT RECOMMITTED. On motion of
Mr. MORRILL, it was Ordered.That the report of the Committee on revolutionary Claims on the ctitiqnof sarah L. Sprin and Harriet Spring. of aterville. Maine, h cirso CaptainWilliam Barker, deoeased.of the continental Congress of the revolutionary army. praying to grant to them the pension that their grandfather would have drawn from the time of his ise hargeto the time of his death or the half my, with interest thereon, to which he was entitle by law, be recommittedto that committee. BILLS INTRODUCED.
Mr. HOWARD asked, and by unanimous consent obtained, leave to introduce a bill (S.No.301) regulating the service of final process in suits at law and of orders and decrees in equity of courts of the U.S. in places out of their jurisdictional limits; which was read twice by its title, referred to the ComJudiciary, and ordered to be printed.
Mr. MORGAN asked, and by unanimous consent obtained, leave to introduce a bill (S.No.302) for the reliefof the Mercantile Mutual Insurance Company of NewYork; which was read twice by its title, and referred to the ComcClaims.
Mr. GUTHRIE asked, and by unanimous consent obtained, leave to introduce a JtResolution (S.R.No. 82) to provide for codifying the laws relating to the customs; which was read twice by its title.
Mr. GUTHRIE. When I was in the Treasury Dept I reported to Congress a codification of the revenue laws. Ideemed it necessary at that time, but Congress did not act on it. It lies in the Treasury yet nnacted upon and undisposed of. In a conversation with the SecyTreasury, this resolution was prepared, and I know he is anxious to have the benefit of such a codification. I propose to refer the resolution to the ComCommerce in order that they may consider the subject.
The PRESIDENT protemporc. so referred. It will be PRIVATE CLAIMS.
Mr. CLARK. There are several bills and orders upon the Calendar reported from the ComClaims. The ComClaims have asked of the Senate no time in regard to these matters during the present session; and Ipropose to ask of the Senate a little time on Friay next, if they will give it to me, to consider some matters reported from the ComClaims. Friday used to be a day set apart every week for the consideration of private claims, and I now propose to ask a little time next Friday, if the Senate will allow it. FUNDING OF THE NATIONAL DEBT.
Mr. SHERMAN asked, and by unanimous consent obtained, leave to introduce a bill (S.No.300) to reduce the rate of interest on the national debt, and for funding the same; which was read twice by its title.
Mr. WILLIAMS. I ask leave to introduce at this time, for the purpose of having it printed, an amendment to the bill (S.No. 292) to provide for restoring to the States lately in insurrection their full litical rights.
Mr. POMEROQ. I ask for the reading of the amendment.
The PRESIDENT protempore. It will be read if there be no objection.
The Secretary read the amendment, which was to strike out section one of the bill and to insert the following in lieu thereof: That wheneverany one of the Stateslately in insurrection shall ratify the above proposedamendment. as required by the Constitution of the U.S and shall conform its constitution and laws thereto. the Sens&Reps from such State. after the 4th day of March. 1867.if found duly electedand qualitled shall upon takingths required oaths. be admitted into congress:. That Sens&Reps from Tennesseeand Arkansas. respectively shall be admitted, if elected and qualified as aforesaid, wheneither of said States lhall ratify. as aforesaid.said proposedamendment.
Mr. WILLIAMS. Mr. President, I beg permission to say that this amendment embodies the views I presented to the committee, and I introduce it at this time so that it may be printed and examined before the Senate proceeds to the consideration of the bill. I invite attention to the fact that by this amendment Sens&Reps from the socalled confederate States are not allowed to take their seats in Congress until the 4th day of March, 1867, with the exception of Tennessee and Arkansas, giving the loyal States an opportunity, if they desire so to do, to make the proposed constitutional amendment a part of the constitutien of the U.S. before that time. Should the loyal States adopt that amendment, I have little doubt that it would be adopted by enough of the other States to make it a part of the Constitution before the 4th of March, 1867; but if the loyal States shonld refuse to adopt the amendment and say that they do not want the guarantees and security for which it provides, then, so far as I am advise? at present, I can see no good reason for reusing any longer to receive rere sentation from these insurgent States. len nessee and Arkansas are made exceptions. Their Sens&Reps are to be received as soon as they ratif this constitutional amendment; and I he love, from the condition of their people and the character of their constitutions an laws, that they are entitled to a precedence over the other States that have been in rebellion. I believe that this amendment is better in all respects than the original section; but if the Senate, after consideration, decides otherwise, I shall cheer fully acquiese e in its judgment.
The PRESIDENT o tempore. The order to print will he enters if there be no objection.
Mr. DIXON. I suppose the Senfrom Maine did not intend, in his opening remarks, toquestion in iight to offer the amendment.
Mr. FESSENDHN. Not at all; I only suggested to the Senator that when he stated that e wisdom of those remarks of the Post might, be hoped have some effect even upon this bod it was rather an intimation that this body coulil not be exacted to act wisely and justly.
Mr. DIXON. The word “ even, " as used by me, may have, I think, a different meaning from what the Senator supposes. My meaning was that those remarks on t to have influence, even upon so distinguishe and so wise a body as this; but I will consent to strike out the word “even, ” if it is offensive to the Senator.
Mr. FESSENDEN. I wish to ask the senator a question. I have the impression that President Johnson has said, over and over again, that the government of these Slates ought to be exercised by the 10 al portion, those who had been loyal to the nion.
Mr. DIXON. In the 1st place, I begleave to say to the Senfrom Maine thatit makes no difference to me, in forming my opinions, what the President or any other man says. the President had said so, it would not be of binding authority on me, unless my judgment approved it. In the next place, I say that I a ree with the sentiment, not because the President said it, but because I believe it is a true and correct sentiment. But that is not what the report says. The report of the committee does not say that only loyal men can vote. I know the President says that; everybody says it who thinks as I do; but the question is, what is a loyal man?
Mr. FESSENDEN. Did he not say those who had been loyal, those who had not participated in the rebellion, should be those intrusted with the Government? Was not that his recommendation in regard to Tennessee?
Mr. DIXON. When these States are again regarded as members of the Union, if they accept the terms of readmission proposed to them, all loyal men at the time ought to be permitted to vote. I will not say that the exception made in one clause of the report is not correct, that certain leaders be disfranchised; but I say that to disfranchise a whole people, to tell them that they may send mem liers to Congress and still shall not vote for them for that is the result of it to say, “You may be represented, but you shall not vote, ” seenisa mockery. Underit there might hardly be 20 voters, possibly, in a State. Mr.President, wh dId I read the article from the NewYork hvening Post? Not as an authority. It struck me that the views were so correct and so sound that Idesired to adopt them as my own, and I was very certain that the source from which those ideas came would have great weight with the loyal people of this country, and properly so; that that paperhad a character for loyalty and for patridtism and for ability and for honesty and integrity which gave it weight; that what came from the distinguished and venerable editor of that paperwas entitled to weight, even in the Senate of the U.S and therefore I read the article and adopted its language. I have only one word more tosay. I am extremely desirous no man can be more desir ous than I am to unite upon some lan which shall pacify the count, and which 5 all restore and reconstruct the nion. I had hoped this committee would propose something which would accomplisht at. As to the p an proposed, I am utterl hopeless with regard to its producinganygoo effect. Imay bemistaken. have the highest respect, I need not say, for the members of the committee. I know they are patriotic; but I think they are utterly misi taken, and I think I have the right to say it, in all res act to them.
Mr. iESSENDEN. The Senfrom connecticut has gone into a discussion of the merits of the report. I said nothing of the merits of the report. I did not inten to say anythin, and I do not now, on that subject. I merofy rise to say that I choose to avoid anything of that description until the report comes properly before the Senate, when, if I have sufficient strength, I shall endeavor to explain the views of the committee upon that subject so far as it may become my duty to explain them. In the mean time I suppose we are to have gentlemen giving us the opinions, which I think we can find out for ourselves, of different persons through out the country. I wish only to say that, not withstanding my respect for each and all of those who may choose to instruct us on the subject, we have a duty to discharge, and must discharge it in the best way we can upon our own views and sentiments as to what the condition of the country demands.
Mr. DIXON. I ask the Senator to yield to me for a moment to reply to the Senfrom Iowa.
Mr. DlX ON. The Senfrom Iowa intimated in his O ening remarks that I had some peculiar knowledge or means of knowledge of the Presidents views. He spoke of the “ peculiar relations” in which I stand to the President. The Senatoris entirely mistaken in regard to that. My relationsto the President are precisely similar to those of the Senator himself. I have seen the President but once within the space of 2 months, and then for not over 5 minutes. I take his views from his written, published statements.
Mr. GRIMES. If the Senator will excuse inc, the fact that the Senators resolution was identical in spirit and almost in terms with the language attributed in the National intelligencer of this morning to the President led me to infer
Mr. GRIMES. I did not intend to convey the idea that the Senfrom Connecticut has a master; but I submit, after all he has said, that I was perfectly justified in saying that peculiar relations subsisted between him and the President, when he himself admits that he went, not only for the spirit, but for the identical language of his resolution, to the celebrated veto message of the POTUS on the Freedmens Bureau bill.
Mr. DIXON. It is no uncommon thing for a resolution to be offered in language taken from a message of the POTUS It is frequently done, and it is very proper, as it strikes me. In some remarks that I had the honor of making about 2 months ago in the Senate, I embodied that extract from the message of the President as the expression of my own views. I then said that I thought it was right, and I have now offered it in the form of a resolution.
Mr. SUMNER. When I rose a moment ago I intended to make a remark in reply to the Senfrom Connecticut, but the question seems to have drifted out of sight. I will observe, however, that the question involved in his proposition is so important that I never regrIer.
Mr.SHERMAN. I should like to know if the unfinished business does not come up at this time.
The PRESIDENT protempura. The Chair was about to remark that the morning hour has expired, and it is the duty of the Chair to call up the unfinished business of yesterday.
Mr. SHERMAN. I have no objection to allowing the Special order to pass over inform ally for a few moments to afford Senators an opportunit y to make exlocations on this subject.
The President protempore. The order of the day can only be laid aside by unanimous consent. No objection being made, it is laid aside informally.
Mr. SUMNER. He says probably more than that; but the 2 things O forgot were so cut, so essential, that to forget them was to orget everything. In the 1st place, be for got that we had been in a war; and in the 2nd place, he forgot that 4 million human beings had been changed from a condition of slavery to freedom. qlhose 2 great ruling facts my excellent friend forgot, evidently, when he drew up his proposition. He forgot that we had been in a war, because he fails to make any provision for that security which common sense and common prudence, the law of nations, and every instinct of the human heart require should be made. He provides no guarantee. Sir, the essential thing, at this moment, is a guarantee. The Senator aban dons that; but it is because he forgets that we have been in a war. If I, like the Senfrom Connecticut, could forget this terrible war, with all the blood and treasure that it has cost us, I, too, could forget the guarantees; but as thatwar is always in m mind, the Senator will pardon me if I insist that we shall have gnar antees.
Mr. SUMNER. In one moment I shall have done. In the 2nd place I have said that my excellent friend forgets that 4 million human beings have been changed in then condition. 4 million slaves have been declared to be free men; and by whom, and by what POWERI By the national Government; and let me say that, as the national Government gave that freedom, it belongs to the national Government to secure it. The national Government cannot leave those men. whom it has made free to the guardianship or custody or tender mercies Of any other government. It is bound to take them into its own keeping, to surround them all by its own protecting power, and invest them with all the rights and conditions which in the exercise of its best judment shall seem necessary to that end. All that my excellent friend has absolutely forgotten. It is not in his mind. If I could bring myself to such an obliviousness, if I could bathe so completel in the waters of Lethe as my excellent frien from Connecticut seems to have done dailyin these recent times, I could join him in the support of his propOBition.
Mr. DIXON. One word in reply to the Senfrom Massachusetts, with the consent of the Senate. The Senator says that I have forgotten many things, and among others the guarantees required by the 4 million slaves who have been emancipated. I desire to ask the Senator what guarantee those persons have in the proposition reported by the committee. The Senator exhausted all the terms of opprobrium in the English language in denouncing a resolution which was before the Senate some time since, and which contained the only guarantee for the colored race that is contained in this report. The only rantee which he says he keeps constantly in his mind, and which I have for otten, contained inQhis report is that proviing that if those persons are not allowed to vote in the States in which they reside they shall not be counted in the apportionment of Representatives. The Senate has not yet for otten the echoes are still ringing in this Ha l what the Senator said in regard to that proposition. If the English language contains any term of reproach, if it can be coined into any form or shape of o robrium which he did not exhaust on that subject, and some of which my friendfrom Maine [Mr. Fesssenden] cited as beauties of rhetoric, am mistaken. I think he could have gone no further in denouncing that very proposition which is the only guarantee in this report; and yet he says I have forgotten that they require guarantees. I be leave to remind the Senator that he too has orgotten his own words on that subject.
Mr. SUMNER. Not at all. s The resolution of Mr. DIXON was ordered to be printed. nouurius to COLORED sOLnHms.
Mr. HENDERSON submitted the following resolution; which was considered by unanimous consent, and agreed to: Remind. That the ComMilAffrs be and are hereby. instructedto inquire into the expediencyof changing the lawsso as to enable back pay and bountydueto coloredsoldiers for services in the late war to be drawn upon the some proof of mamage as is now required for the collection of gardens due to such soldiersunder the act of July. 1 use OF THE HALL.
Mr. WADE. I now move to take 11 the resolution granting the use of the Senate C amber to Mrs. Walling for the purpose of deliv ering a lecture.
Mr. SHERMAN. If there is to be no debate upon that resolution, and it will not supersede the special order, I am perfectly willing that a vote may be taken upon it; but if the motion involves a postponement of the pending order I object to it.
Mr. WADE. I do not. propose to debate it. I suppose it is iinderstoo by the Senate, and that we can get a vote upon it. at once. If it gives rise to debate, I shall let it go over.
Mr. SHERMAN. I hope, then, the vote may be taken. I believe the yems&nays have been ordered upon it.
The PRESIDENTpro lempore. it is moved that the Senate proceed to the consideration of the resolution. The motion was agreed to; and the Senate resumed the consideration of the following resolution: Resolved.That the use of the Senate Chamber be noted to Mrs M. C. Walling for the purpose of elivering thorciii an address.on Tuesday cieninc, the lith instant; the floor of theSenate Chamber to be for the exclusive accommodation of membersof pho Senate and HoRep and their ami ios.
Mr. WADE. I move to amend the resolution by striking out the timementioned in it and inserting “ Monday evening, the 7th instant.” The amendment was agreed to.
Mr. SHERMAN. I call for the yeas&nays on the adoption of the resolution. The yeas and na 8 were ordered.
Mr. ANTHON. I wish to offer an amendment to this resolution. I was opposed to the resolution, but since the Chamber has been granted to Mr. Murdoch and was once granted to this lady and then reconsidered, I think it would be cruel to refuse it now. I shall therefore vote for the resolution; but I think there ought to be a stopput to the practice (which is evidently going to be very prevalent unless we stop it by a resolution) of granting the use of this Chamber. In the other House they have been obliged to pass a resolution making it out of order to offer any such resolution, and now, the House Hall being closed, all persons who wish to lecture without going to the expense of paying for a hall will come here and apply for this Chamber. The objections to it are too manifest to need any recapitulation. I move to amend the resolution by inserting at the end of it the following: and that hereafterthe Senate Chamber shall not be granted for any other purposethan for the useof the Senate.
Mr. WADE. I have no objection to the amendment.
Mr. SUMNER. I doubt whether we should tie our hands for the future.
Mr. ANTHONY. We canrepeal itwhencver we choose.
Mr. SHERMAN. The amendment will not tie our hands in the future. It can be superseded by a resolution offered hereafter.
Mr. SUMNER. I understand very well it cannot legally and technically, but it does in form. The amendment was agreed to.
The PRESIDENT protempore. The question now is on theresolution as amended.
Skip Skip The question being taken by yeas and says, resulte yeas 16, nays 18; ABSENT 15., So the resolution was rejected. massaon rnon iiii i noose.
Skip Skip A message from the HoRep, by Mr. McPnsasou, its Clerk, announced that the HoRep had passed the following bill and JtResolution, in which the concurrence of the Senate was requested: A bill (H.R.No. 344) to incorporate the Niagara Ship Canal coman; and AJtResolution (H. No. 130) to carry into immediate effect the bill to proVide for the better organization of the pay Dept of the Navy. ENROLLED BILLS SIGNED. The message further announced that the Speaker of the HoRep had signed the following enrolled ill and JtResolutions; which were thereupon signed by the President protem ore: A bill (H.R. o. 197) to provide for the better organization of the pay Dept of the Navy; A JtResolution (S.No.84) expressive of the gratitude of the nation to the officers, soldiers and seamen of the U.S.; and A JtResolution (S.R.No. 75) making appropriations for the expenses of collecting the revenue from customs. APPROVAL OF BILLS.
Skip Skip A message from the POTUS, by.Mr. EDWARD COOPER, his Secretary, announced that the President had this day approved and signed the following acts and JtResolution: An act (S.No.158) to facilitate the settlement of the accounts of the Treasurer of the U.S., and to secure certain moneys to the people of the U.S., or to persons to whom they are due and who are entitled to receive the same; An act (S.No.255) to remit and refund certain duties; and A JtResolution (S.R.No. 56) authorizing the SecyTreasu to adjust the claim of Beals dz Dixon against the U.S. postoffice APPROPRIATION BILL.
The PRESIDENT protemporc. The unfinished business of yesterday, being the bill (H. It. No. 280) making appropriations for the service of the postoffice Dept during the fiscal year ending June 30, 1867, and for other purposes is now before the Senate, the pending question being on the amendment offered by the Senfrom Illinois, [Mr. TRUMBUI.I. ]
Mr. JOHNSON. What I intended to say, and whatI supposed I did say, was that the nomination by t it: President and confirmation by the Senate of an Officer would necessarily act upon and remove the previous incumbent; as both cannot be in the same Office, the incum bent must go out.
Mr. JOHNSON. My friend will permit me to interrupt him for a moment. That is true; but the objection to the particular bill towhich the honorable member refers was that in the preamble it assumed that the general power of removal was in the President, not that he would not have the right to change his Cabinet officers.
The PRESIDING OFFICER, (Mr. ILumis in the chair.) The question is on the amendment offered by the Senfrom Illinois, on which the yen: and nsys have been ordered. The guestion being taken by yeas&nays, resulto yeas 19, iiays 11; ABSENT 19.
Mr. WADE. I offenau amendment, to add the followmg as an additional section: Sec. 4nd be {1 tising. Abife: That all adver notices and proposals for contracts for the postoffice Dept and all advertising, notices, and proposalstor contractsfor all the Executive Depts of the (government required by law R) be publislied in the city of Washington shall herciiftor c advertised by publication in the 2 daily news papers in the city of Washington having the largest circulation, and in no otheis: Provided. That the chargesfor such dpnblications shall not be higher than such asare pai by individuals for advertising in said papers: Aml provided, That the same publications shall be madein cacliotsuid papers equally as to frequencv and that the circulation of such papers shall be determined upon the 10thday of Juno annually; and the publishersof all papers competin forsuch advertisingshall furnisb u sworn statemen to their bonufirlepaid circulation of eachregular issue for the preceding 3 months; and shallin like mun uer certityunder oath that such circulation has not. during the said 3 months, been increased by any gratuitous circulation, by a reduction in price clow the ordinary and usual price of such apers or by any pther means.for the purpose of otaining the oflioial advertising: Provided. That the charge for such advent rigshall not begreater than is paid for the sumo publication in other cities or at a higher rate than is paid by individuals for like advertising.
Mr. CONNESS. As this amendment was originally introduced by the honorable Senfrom Ohio it propose to repeal an existing section of law, and would also, Without his intention, repeal another section of the existing law necessary to be in existence; and the attention of the Dept was particularly directed to what the eifect of the amendment as originally prepared would be. The amendment, as proposed now by the Senater, has been reconstructed so as to avoid that difficulty, so as to make it acceptable and not obnoxious in that regard.
Mr. SHERMAN. I will ask my colleague if this amendment places the advertisements in Washington on the same footing in which they are placed in other cities where they are required by law to be made.
Mr. WADE. I understand it to be so. I am told by those that know better than I do that it is the same.
Mr. SHERMAN. I do not wish to make 1:;ny discrimination for or against the papers ere.
Mr. CONNESS. This places it on the highestpublic ground.
Mr. SHERMAN. It uts them in the same position as papers published in other cities, as Iunderstand.
Mr. SAULSBURY. I have only one remark to make on this proposition, and it is simply this: during the last Administration it was not found necessary, on grounds of public policy or otherwise, to propose any such amendment to the postoffice appropriation bill as is now proposed; it was not found necessary during the Administration preceding that; and I do not know what necessity exists now, under the present Administration, for making such a proposition greater than existed under preceding Administrations. Perhaps, however, the country will be able to understand it.
The PRESIDING OFFICER. The ques toipln is on the amendment of the Senfrom io.
Mr. SAULSBURY. I ask for the yeas&nays upon it. The yeas&nays were not ordered. The amendment was adopted.
Mr. CONNESS. Yes, sir. The amendment was agreed to. The amendments were ordered to be engrossed and the bill to be read a 3rd time. The bill was read the 3rd time and passed.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. MCPHEBSON, its Clerk, announced that the HoRep had agreed to the report of the committee of conference on the disagreeing votes of the 2 Houses on the bill (S.No.26) to encourage telegraphic communication between the U.S and the island of Cuba and other West India islands, and the Bahamas. The message further announced that the HoRep had passed a bill (H.R.No. 342) in amendment of an act to promote the progress of the useful arts, and the acts in amendment of and in addition thereto; in which it requested the concurrence of the Senate. noose niLLs REFERRED. The following bills and JtResolution from the HoRep were severally read twice by their titles, and referred as indicated below: A bill (H.R.No. 344) to incorporate the Niagara Ship Canal Company to the ComCommerce. A JtResolution (H.R.No. 130) to carry into immediate effect the bill to provide for the better organization of the pay Dept of the Navy to the ComNavAffrs. A bill (H.R.No. 842) in amendment of an act to promote the progress of the useful arts, and the acts in amendment of and in addition thereto to the ComPatents and the Patent office. ARMY APPROPRIATION BILL.
Mr. SHERMAN. I now move to postpone all prior orders, if there are any, and )take up the Army appropriation bill. The motion was agreed to; and the Senate, as in ComWhole, proceeded to consider the bill (H.R.No. 127) making approprintions for the support of the Army tidr the year ending the 30th of June, 1867. The ComFinance reported the bill with 2 amendments. The 1st amendment was to reduce the appropriation “ for contingencies of the Army” from $250,000 to $100,000. The amendment was agreed to. The next amendment was to strike out the followmg proviso at the end of the bill: Provided: That nopart of themoneyhereby appropriated shall be use i for puymu the Illinois Central lronde Company tor the lillllrDOlItLlJO of the troops 8 the propertyof the U.S.; and the AttyGen of the U.S. is licreby directed to institute a suit against the said company in the circuit court of the U.S. on the esealiedvee onmthpeairny any moneys that have beenpaid to the said company by any Dept of the Government for the transportation of the troops or property of the U.S. tates;and the said AttyGen is herebyfur ther directed to appear for the U.S. in said court, and prosecuteits interests in the said suit.
Mr. SHERMAN. This is the same controversy that we had here a year ago, and which was then very thoroughly debated, and I think the Senate by an almost unanimous vote agreed to strike out a similar proviso in the Army appropriation bill of last year. I wish to call the attention of the Senate to it now, so that ifa controversy should arise between the 2 Houses in regard to it, it may be understood. We examined the matter thoroughly a year ago and came to the conclusion that the arrangement made between Mr. Secretary Cameron and the Illinois Central Railroad Company was a reasonable one and ought to be executed in good faith by the Government, and therefore this proviso was not a properprovision to be inserted in a law. We adhere to that conclusion, after a reexamination of the subject.
Mr. YATES. I perfectly agree with the Is it reported from that committee, and am in favor of striking out this proviso. The amendment was agreed to.
Skip Skip Yates speech inserted here, correct day. Order unclear.
Mr. WILSON. I offer the following amendment as an additional section: Abife:, That the sum of 91461)“) be and the sameis hereby, appropriated out of an money in the Treasury not otherwise nppropriatc, to be disbursedby the SecyWar, iretation of fire proof buildings at or near the chuyclrkeicll arsennl, in the city of philadelphia, to he usedasstore housesfor Government purposes at that post. I will simply say that this amendment is in accordance with a recommendation of the QuarterMGen, approved by the SecyWar. We have $0,000,000 worth of property there now, and the buildings are insecure, an they think it absolutely necessary for the security of that property and for the public service that this appropriation should be made. The amendment was agreed to.
Mr. CONNESS. I offer the following amendment to come in at the end of the 40th line on the 3rd page:, Provided, That the uartermasters Dept shall in supplying cloting and blankets for the military service on the Pacific coast. ive a preferenceto articles manufactured there, wion the same can boobtained Without paying an increased price therefor, and when the quaity shall be found to be of an equal or superior character. I wish to say, in explanation of this amendment, and I call the attention of Senators to it, that the quartermasters Dept, and the Indian Dept also, are now, and have been, sending out to that coast, a class of blankets and cloth of the most inferior character, mestly manufactured in England, costing the Government from 25 to 50%. more than our domestic manufactures, made entirely of wool, can be obtained for at SanFrancise o. I have atm room now I did not know that this bill would be called up today specimens which have been sent to me of the blankets furnished by the Dept with the prices that they cost the Government, and also specimens of the blankets that are manufactured at SanFrancise o. Those made there are made entirely of wool, and are obtainable on the ground at less than the original cost of the foreign article; and we are paying in addition for the foreign inferior article the entire cost of transportation to that coast. In addition to that, while the domestic article is made entirely of wool, at least 1/2 or 2/3rds of the foreign article is in fused with cows hair. The cloth sent out there for clothing is not of so bad a character, but yet a bad c aracter, wearing out almost imme diately, and costing the poor soldier nearly all the Government pays him to be supplied with clothing. I do not think that the amendment can meet with any objection according to the terms that are reosed in it.
Mr. SHERBAh. The law is now very strin gent il prescribing the mode and manner in which the quartermasters Dept shall purchase property for that Dept. Bids are to he invited, and the contracts are let to the lowest bidder. Samples are furnished, and those samples have to be complied with. Now, to make a stipulation in favor of the domestic manufacturers Of California in a bill of this kind would be unusual, in violation of the General policy of the Government, and would create trouble. The same claim might be made in every other community. The same claim might be made in Missouri and Iowa and in any other State. The Senator says that California furnishes better blankets at a cheaper price. Then the people of California must earn to bid at the regular time for furnishing supplies in California.“ This is the only way in which it can be done. If the Senator will take pains in advising the people of California of the time and place for making bids for blan kets, lhave no doubt in due time the manufactures of California, if they are springing up so rapidly I did not know that they had inan ufaeture in California
Mr. CONNESS. The Senator evidently does not know a good many things.
Mr. SHERMAN. The introduction of an the existing law, will embarrass the bill, and think it ought not to be adopted, certainly nt without have consideration.
Mr. CONNESS. I did not intend to do so, but I will now send to the desk to be read a note received this morning from the honorable SecyWar, and I will state how and why it was written. I knew that these Depts were unaware of the extent of our manufactures in this line, and also their excellence; and when I was out there last fall I ordered a pair of blankets, not of an extraordinary character but of the best quality that are made for domestic blankets, to be made to present to the SecyWar. They came to hand the other day, and this is a note in answer describing their quality. I will ask that it be read, and ask Senators to listen to its reading.
The Secretary read as follows: VABKINGTON, April 28.1. MY DEIaSiR: I have the pleasure to acknowl edge receiving the pair of excellent blanketsmade for me, at your request, at the Mission mills in Californin. T 05surpass anything of the kind I have ever seen, and are more perfect and beautiful than had known to bepossiblein such fabrics and prove that manufacturesWill. like evei thing else.attain to the bignest Iiorfeclion on the ncific coast. Mrs. Stantonsadmiration of them knows no bounds and she foill me in the desirethat youwill communicate to l is manufacturers and accept for yourself, our grateful thanks. EDWIN M. STANTON. Hon. JOHN Cormzsa.
Mr. SHERMAN. I do notthiuk any senator who reflects on the present law would be willing to vote for the amendment as it now stands. If there are good blankets made in California, and cheaperthan can be purchased in NewYork it is the duty of the Government to advertise for bids in SanFrancise o and Port land, and purchase them there, undoubtedly. I shall have no objection to a carcfnll prepared section to require bids to be publish ied in those cities and inviting proposals; but after all, these blankets must be submitted to the inspection of officers. They must be examined to ascertain whether they correspond with the samples furnished on which bids are generally awarded. I suggest, therefore, that the Son atorhad better withdraw the amendment for the present. I do not intend to new the bill to a passage to night. I merel csire to have it reporte to the Senate, an then let it go over.
The PRESIDING OFFICER. The amendment is withdrawn.
Mr. SHERMAN. There are other amendments that may be offered, but which we are not prepared now to offer, and I therefore move that the bill be postponed until tomorrow. The motion was agreed to. EXECUTIVE SESSION.
Mr. ANTHONY. I move that the Senate proceed to the consideration of executive business. The motion was agreed to; and after some time spent in executive session, the doors were reopened, and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. Wsnxssmr, May 2, 1866. The House met at 12 oclock m. Prayer by the Chaplain, Rev. C. B. BOYNTON. The Journal of yesterday was read and approved. BOMBARDMENT OF VALPARAISO.
Mr. BLAINE asked unanimous consent to offer the followmg resolution: Resolved.That the POTUS he respectfully requested, if not incompatible with the public interest. to communicateto the House at the earliest practicable day any authentic information that nicveomo into his possessionin regard to the reported arbarous bombardment of the city of Valparaiso by the Spanish fleet on thaSlst of March ultimo. Also, to inform the housewhat instructions had beengiven by the Navy Dept to (boom oer commanding the American set in those waters.
Mr. BOUTWELL. I object. JOHN R. Busittiiv.
Mr. HARDING, ofKentucky, hy unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Resolved.That the petition. claim, and papers in support of the snme.of John R. Bookley. asmnil contractor, heretofore presented to the PostmstrGen be referred to the ComClaims, with instructions to inquire into the justice of the same, and report by bill or otherwme. LAND GRANTS IO NEVADA.
Mr. McRUER. Iask unanimous consent to report, from the ComPubLands, Senate bill No. 216, concerning certain lands granted to the State of Nevada.
Mr. WASHBURNE, of Illinois. I haveno objection to calling this up to have it printed. The bill was accordingly ordered to be printed. SOLDIERS and SAILORS 01"1812. Mr. COFFROTH, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Resolved, That the comInvalidPens be, and is hereby, instructed to report by bill or otherwise on pensionsto all of the bulVlVlllRfl Old lGlaSnd sailors of the war of 1812.
Mr. SCHENCK. order of business. The House accordingly proceeded, as the regular order of business, to the calling of the committees for reports, commencing with the ComPatents. I demand the regular manna wrrnnnawn. On motion of
Mr. STEVENS, leave was granted for the withdrawal from the files of the House of the papers in the case of Major Moore. PATENT OFFICE FEES.
Mr. JENCKES. I am instructed by the ComPatents to report House bil NO. 342, regulating apeals to the examiner in chief of the Patent dice, with a recommendation that it pass. The bill was read. It provides that upon an a pool from the examiner to the examiner in c icf the appellant shall paya fee of ten dollar and no a peal shall be allowed until the said fee shall lie aid.
Mr. JEN KES. Mr. Speaker, when this board of appeals was created) no additional fee was prescribed for an appeal it, and it has become overloaded with appea s from exam I iners in chief. 2 fees are now aid in the Patent Office; oneafee of 15 dbllars upon filing the application, which is a payment for an examination; and the other is a fee of 20. dollars upon the issuing of the utent, which is the evidence that the party a p ying has convinced the Patent Office that ie is an inventor. For the intermediate service no fee is required and none has been paid. It is reasonable that there should be a fee in view of the increased labor devolved on the Patent Office. If no one desires to debate the bill, I demand the previous question upon it.
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 accordingly read the 3rd time and passed. Mr. J15. CKES mtRtv the bill was passed; upon the to c., Agreed to. Mr. JENCKES moved to amend the title of the bill so as to read, “An act in amendment of an act to promote the progress of the useful arts, and the acts in amendment of and in addition thereto.” The amendment was agreed to. PAY OF PATENT OFFICE EXAMINERS.
Mr. JENCKES also, from the ComPatents, reported a bill in addition to an not entitled “ n act to promote the progress of the useful arts, ” and the acts in amendment thereof; which was read a 1st and 2nd time. The bill authorizes the ComrPatents to pay those employed in the U.S. Patent Office, from April 1, 1861, until August 1, 1865, as examiners and asst examiners of patents, at the rates fixed by law for those respective desprovided that the same be aid ontothe Patent Office fund, and that the compensation thus aid shall not exceed that received by those du y enrolled as examiners and asst examiners of patents for the same period.
Mr. WASHBURNE, of Illinois. Itcannot be possible that I understand that bill aright. If I do, it goes back raising the salaries of certain parties in the Patent Office since 1861.
Mr. JENCKES. The gentleman does not understand the bill, and if he will listen to me for a moment I think I can explain it satisfac torily. During the time named in this bill, which is the period covered by Mr. Holloways commissionership, certain asst examiners were emploed to do the duties of examiners in chief. the commissioner declined appointing additional examiners in chief, as he might have done under the law, because the business of the Patent Office had at that time fallen off, and he did not wish to burden the Patent office fund by the employment of men who at some time would have nothing to do. Hence he employed asst examiners and 2nd asst examiners to do the work of examiners in chief and 1st asst examiners, and they performed it satisfactorily. Upon examining the law, he was not satisfied tint he had power to pay them for the work they had performed, because he had not appointed them to the office the duties ofwhich they had performed. The passage of this bill is requested both by Mr. Ho loway and by the present ComrPatents as an act of justice to those who have done this work, so that they shall receive the pay for the work which they have done and not be held to be satisfied by the pay of an inferior grade of officers. The bill oes not make any appropriation. These men are to be paid out of the Patent Office fund.
Mr. DAWES. I would ask the gentleman how this claim came to run along from year to year for 4 years.
Mr. JENCKES. It has not. It was before Congress at its last session, and the bill passed the Senate, but failed in the House. I have letters here from the former ComrPatents and from the present Commissioner, and a statement from the examiners themselves of the duties which they have performed, and I will have them read if entle men desire to hear them. The point ist is: that the Patent Office fund which has been accumulated by the labors of these men should pay them just what they have earned.
Mr. WASHBURNE of Illinois. Have not these men been paid their salaries regularly?
Mr. JENCKES. They have been aid salaries regularly for an inferior grade O officers, while they performed the duties of a higher grade of officers.
Mr. WASHBURNE, of Illinois. That may be; but they have been paid the salaries of the officers the duties of which they performed.
Mr. JENCKES. No, sir; there is where the gentleman is mistaken. They have not been paid the salaries of the officers the duties of which they have performed, but salaries of officers of an inferior grade, the duties of which, of course. they did not perform duringPthe time they were performing the other duties.
Mr. WAbHBURNE, of Illinois. They have been paid the salaries of the offices to which they were appointed.
Mr. JEL6KES. Yes, sir; but they did not perform the duties of those oEices, but of a higher grade of offices to which they were assigned by the Commissioner and this is merely to a them for what they have earned.
Mr. HARtIlING, of Illinois. That is, while they held colonels commissions they performed the duties of brigadier generals, and now want brigadier generals ay.
Mr. WASHBURNE, of Illinois. Exactly; that is just it; they want brigadier generals pap while doin the duties of colonels.
Mr. HARDI G, of Illinois. No, sir; while performing the duties of a brigadier general, holding the commission of a colonel.
Mr. HARDING, of Illinois. I wish merely to remark that if this great principle is adopted it will benefit a great many meritorious men. There have been 1,000s of mendn the Army who have been commissioned as colonels, but have performed the duties of brigadier generals; and this principle would bring them all in for brigadier generals pay. It opens wide the door, and the Treasury can be most completely emptied; there is no doubt about it.
Mr. JENCKES. This bill is to pay men for the duties they have performed and the Gentfrom Illinois [Mr. HARDING] is mistaken in comparing this case with the case of colonels performing the duties of brigadier generals. This requires no appropriation, for the money is taken from the Patent office fund. The other would require an appropriation.
Mr. HARDING, of Illinois. the bill on the table. The motion was agreed to.
Mr. ROLLINS mtRtv the bill was laid on the table; on the table. Agreed to. I move to lay JONATHAN BALL.
Mr. JENCKES, from the ComPatents and the Patent O e, reported a bill for the relief of Jonathan all; which was read a 1st and 2nd time, referred to a ComWhole House, and with the accompanying report ordered to be printed. PATENTS ATPARIS EXPOSITION.
Mr. CHANLER, from the ComPatents and the Patent Office, reported a JtResolution authorizing the SecyIn terior to appoint 3 commissioners to attend the Paris xposition; which was read a 1st and 2nd time. The JtResolution authorizes the SecyInterior to appoint 3 commissioners to examine and report upon the patented machines and inventions which may be exhibited at the Paris Exposition of 1867; and provides that the said commissioners be empowered to emplop1 the necessary draughtsmen and pho tograpers to carry out the intention of this JtResolution, the necessary funds for the expenses of said commission to be drawn by the SecyInterior from the Patent Office fund not otherwise disposed of, not to exceed the amount of $15,000.
Mr. WASHBURNE, of Illinois. I should like to hear some explanation of this JtResolution.
Mr. BOUTWELL. I would inquire of the Gentfrom NewYork [Mr. CHANIJIR] if the Patent Office is not supplied from all the countries of Europe with specifications and drawings immediately upon the issuing of at ents there and I would further inquire if it is not a common thing for practitioners to send abroad for specifications and drawings of at ents which they can obtain at say less than 3 shillings each and what is to be obtained through this proposed commission, except the information which is now being received in the ordinary course?
Mr. CHANLER. It is a question of time. The specifications and drawin s of patented machines which will be exhibited at the ELKposition at Paris will not reach this country, without some such means as this, in time to enable the Patent Office of this country to be benefited by them and the specifications which come here from Europe do not come until 3 years after an application is made there for patents, as I am informed at the Patent Office and therefore, ifIam correctly informed, it will be 2 or 3 years before the Patent Office will receive the necessary information in regard to inventions not yet patented.
Mr. BOUTWELL. If the gentleman will allow me, I will say that I do not know from what source be obtains his information. But my experience is that patents are issued in England in a much shorter time after applications are made than they are in this country and drawings and specifications are to be had for the merest pittance.
Mr. ROSS. I rise to a question of order; that this being an appropriation bill, it should go to the ComWhole.
Mr. wASHBURNE, of Illinois. The Gentleman is mistaken. I am sorry to say this is not an appropriation bill. The S EAKER. The point of order, even if well taken, is taken too ate. But this is not an appropriation bill; it does not propose to appropriate money from the Treasury, but to take it from the Patent Office fund.
Mr. CHANLER. This JtResolution is simply to aid the ComrPatents to add to the information of his bureau. That is the object of this proposition, and it comes from the Bureau of Patents. In regard to the statement of the Gentfrom Massachusetts [Mr. Bourwsu. that at ents are issued more promptly in England than in this country, he may be correct. but I hope the House will bear in mind that this Exposition of 1807 will include the new inventions and patented machines not only of England but of France and the whole of europe and the world and it is not impossible that the inventions exhibited there wi I be copied and presented in this country in a less period of time than that required to lay before the Pat ent Bureau in the ordinary way full information in regard to them. It is simply in behalf of the Patent Office that this JtResolution is submitted to the House.
Mr. WASHBURNE, of Illinois. My distinguished friendfrom NewYork [Mr. Crus LEB] desires to authorize the SecyInterior to appoint 3 high toned gentlemen to go to Paris to look at and report upon the patented inventions which may be exhibited at the Paris Exposition of 1867, and then he goes on to propose that these 3 high toned and elegant gentlemen shall be authorized to draw $15,000 of money out of the public Treasury to pay their expenses. That is the purport of the JtResolution which we are asked to ass. p Now, I need not say to the House that I am op osed to this whole thing. Iam opposed to it, in the 1st place, because it is not necessary. The Gentfrom Massachusetts [Mr. BOUTWELL] has shown to the House that there is no difficulty in obtaining all the necessary information now. All the information we will get by paying $15,000, we can get for 3 shil lings and sixpeuce in every case. These commissioners are empowered to supply the necessary draughtsmen, photographers, &c., and the SecyInterior is authorized to draw the necessary funds for the expenses of said commissioners from the patent fund, not to exceed $15,000. I have heard no reason which would justify the House in making this appropriation, except that we should take the money of our constituents to pay the expenses of certain gentlemen to go to Paris.
Mr. JENCKES. Mr. Speaker, the Gentfrom Illinois has put precisely the contraryconstruction on this resolution from what was intended by the committee, and from what it means he had considered a moment what the state of our law regarding the nting of patents is, I do not think he would have made the remarks he has. anyone who visits the exiosition of 1867, and sees exhibited machines or the 1st time, may prepare drawings and make some modification to apply for a patent to this country. The Exposition will not preclude him from obtaining a lpatent. Its publication in some foreign wor will preclude him, and nothing else. Hence the office has twice before met with trouble on similar occasions, and asks to have a measure of prevention in ! this 3rd case. The Gentfrom Massachusetts [Mr. Bowen 21.1.]will understand how this may be. The information he has spoken of as obtained through publications may belong after the machinery has been done. We get the opera from the London Office for a small sum. hey supply intelligence from there as fast as the steamers can bring it here; but in France and Belgium information is not supplied as rapidly. It requires time to get copies of these patents. To get the volumes at our Patent office sometimes requires 3 years. Now, this Exposition takes place in Paris. Probably machines will be exhibited the 1st time and patents will be applied for near or about the time. 100s of people will visit the Exposition for the purpose of seeing what is new. Persons who have invented articles of a similar kind will get from this exhibition ideas of improvement on their Own machines, or will take their ideas bodily from the foreign machines and take out patents in this country which cannot be invalidated by the exhibition of the articles there. It is not only for the purpose of protecting the Office against swinding in ventors, but to protect the people of this country against swindling patents, and against the claims which may ow out of them.
Mr. BOUTWELL. [ask whether the exposition is not in its very nature calculated to guard the Patent Office here from frauds such as the Gentfrom RhdIsland suggests. The articles exhibited are likely to he published in the journals of France and GreatBritain simultaneousl with the Exhibition.
Mr. JENCKES. the moment any article is described in any journal in any country where the article is produced a patent obtained in this country from that fact is invalidated, as the gentleman knows. Therefore the security we have from the Exhibition is great. If the descriptions were to be published simultaneously there would be no need of this, I 11 ee. lt is from the fact that they are not pub ished sim. ultaneously that this is needed. The otheial records of the Exhibitions in England and France were not published until 2 years after they had taken place.
Mr. BOUTWELL. I a ee that the official report of the proceedin of the Exhibition and description of the articles exhibited would not be published for aconsiderable length of time: but the Gentfrom RhdIsland knows very well that the publication in newspapers invalidates the patent in this country.
Mr. JENCKES. There is no provision that such provision shall be made.
Mr. BOUTWELL. They are certain to be made.
Mr. JENCKES. The gentleman must see this must be done at the opening of the Exposition, when these applications will be made here unless we take this measure to prevent them is a measure of protection to inventors and to the people of the country.
Skip Skip Mr. CHANLER demanded the previous question. The previous question was 2nded and the main question ordered. Mr. STEVENS moved that the JtResolution be laid upon the table. The motion was agreed to. Mr. LAWRENCE, of Ohio, mtRtv. If vuary, 1845. sider the upon the table; upon the table. Agreed to. PHILOS B. TYLER.
Mr. HUBBARD, of Connecticut, from the ComPatents, reported a bill for the relief of Philos B. Tyler; which was reada 1st and 2nd time. The bill authorizes the ComrPatents to decide upon the application of the petitioner for an extension ofhis patent for the further term of 7 years, the same as if it had not been already extended.
Mr. WASHBURNE, of Illinois. I call for the reading of the report. The report was read.
Mr. DAWES. It is true, as the papers in the case set forth, that this man has received in 14 years the gross sum of $28,000 from this patent. I think it hardly follows from that statement that there has been any undue profit made out of the public from the patent.
Mr. DAWES. Whether it be net profits or 0ss receipts. to determine whether it is an ine rdinate sum or not, would depend upon the character and value of the invention, and the field in which the invention is to be applied. Now, this invention has direct application to the profitableeultivation of cotton; it is of no furt or use. It is a matter of histor that the invention of the cotton gin, which as made the whole southern country of any value what erer as a cotton raising country, was of no profit at all to the original inventor, and he died a bankrupt. although he enriched the whole world with his invention. Now, here is an invention in aid of the same object and the net profits which the inventor has received during the 14 years of the invention was only $23,000. The invention had application solely to the cultivation of cotton in the rebellious States; and during the last 4 years, those which were to be under ordinary circumstances the most valu able years of his invention, all profits have been lost to him from no fault of lus. He does not ask for a new patent, but merely that the ComrPatents shall be authorized to examine into the whole case, to hear the whole evidence, and to decide, under the rules and precedents which have governed the Patent Office in the renewal of patents in time past, whether there is any fair and equitable reason for the longer existence of this patent. That is the whole extent of this bill.
Mr. wASHBURNE, of Illinois. lfthe Gentleman will pardon me, I will ask him if he can deny that under this bill the CommrPatents must necessarily issue this patent.
Mr. DAWES. I do not understan the bill to have been drawn for any such purpose. I would not sanction a bill that would require the ComrPatents to issue the pat ent in question. If this bill is drawn in that way, I will not support it; but I do not understand it to have been drawn for any such end.
Mr. WASHBURNE, of Illinois. It is certain that the party understands that he will get a renewal of is patent if this bill is passed.
Mr. DAWES. I understand the Gentfrom Connecticut [Mr. Hermann] to assent to what I say, that it was not the intention to draw the bill in the form indicated by the Gentfrom Illinois, [Mr. Wasnnunxs] and if he has inadvertently so dmwn it, I am quite sure he will see that it is modified. It ink the party has eat confidence that if the comrPatents is authorized to renew this patent he will obtain arenewa}. Butthat confidence rests upon his belief in his ability to show to the ComrPatents, what he is able to show to this House if this House were in a situation to hear atiently and fully what the ComrPatents would hear, the justice of his case. If I understand the bill aright, the only authority given to the ComrPatents is to hear and determine this case. I would ask the Gentfrom Connecticut [ML HUBBARD] if that is the true construction of the bill.
Mr. WASHBURNE, of Illinois. The bill will speak for itself. It says: and the said Commissioner shall examine the said application and decide upon the sameupon the sameevidence and in the samemanner asin other cures where extensionsof patents are applied for under existing laws. Now, by this clause of the bill, as this patent has been once issued, the ComrPatents can do nothing else but issue the patent.
Mr. DAWES. I think that the Gentfrom Illinois [Mr. Wxsnnunss] is mistaken in that.
Mr. WASHBURNE, of Illinois. I cannot be; that is the object of the bill.
Mr. DAWES. The Commissioneris authorized to hear and decide this case precisely as if the 14 years for which the patent was origi nally granted had not yet expired; and heisto extend the patent nowjust the same as he would have done, and only in that way, if the application had been made before the expiration of the patent. That is, ifthe patentee makes out his case and shows that he has failed to receive sufficient remuneration in consequence of circumstauces over which he had no control, and for which he was in no way responsible and that there has been no neglect on his part, then he will be entitled to the reissue of his patent. It is because this relates to a matter that at this time is peculiarly interesting, a matter in timately connected with what we are all desir ous of promoting, that is, the enlarged culture of cotton and the profitable culture of cotton, that I think every invention which will contribute to that and should be encouraged; and every genius that has any ability to produce any new method and bring it properly into maieket should be encouraged and remuner ate.
Mr. WASHBURNE, of Illinois. Does not the gentleman understand that this man has already enjoyed a patent for 14 years, and that topublic is now entitled to the use of the invention without paying any further bounty?
Mr. DAWES. I certainly do not so understand.
Mr. WASHBURNE, of Illinois. That is the fact. Yet one might suppose from the gentlemans remarks that this IS an invention which we are bound to encourage, and that the public could not get the advantage of it without the passage of this bill.
Mr. DAWES. The gentleman certainly does not mean to say that we are bound to steal a mans invention.
Mr. WASHBURNE, of Illinois. No, sir; but when a man has enjoyed the advantage of a patent for 14 years, and has made out of it $23, 400, I do not believe that we are called upon to legislate more money into his ocket.
Mr. DAWES. I think that depends upon circumstances, the examination of which I am for one willing to remit to the ComrPatents.
Mr. HUBBARD, of Connecticut. 1 yield a nortion of my time to the Gentfrom Illinois, [Mr. BROMWELL] my colleague on the committee.
Mr. BROMWELL. Thereis one fact about this case which is perhaps not understood. To make one of those machines is a greater undertaking than to build an ordinary steam mill. Now, when a man makes an invention the manufacture of which cost only a trifling sum, he can very easily get his remuneration in 14 years. But when an invention requires a vast outlay to manufacture it and to bring it into use, no man can expect, except under very extraordinary circumstances, to realize anything like a fair remuneration in 14 years. The history of inventions shows that the inventors of those larger and cos the r machines or combinations of machinery have died poor, in consequence of their struggles to perfect their inventions against untoward circumstances. Now, it was shown before the committee that this inventor had struggled against adverse circumstances during the 14 years of his patent, and that he had just got his business in a somewhat promising way when he obtained his extension; that the $23,000 which he received from the invention bears a very small proportion to his outlay, trouble, and suspense in his efforts to bring the invention into use. Just as he had secured the extension the rebellion broke out, depriving him in a great measure of the advantages of the extension. I think this bill should be passed. It provides for no a propriation.
Mr. BBAltD, of Connecticut. I have only afew minutes left, and I must resume the floor. I have only time to say that the bill simply proposes to submit the question of a renewal to the ComrPatents, who is required to examine the wholccase by wit. terDJIubbardJolin H. Hubbard nesses, just as if the matter had not been heard in this House at all.
Mr. DRIGGS. Let me ask the gentleman whether $23,000 is all that this luau received from his invention during 14 years.
Mr. HUBBARD. of Connecticut. He received that amount within the 14 years; but it was all absorbed afterward, as well as his whole estate, by losses in the cotton States. I now call the previous question.
Skip Skip Mr. wASHBUItNE, of Illinois. that the bill be laid on the table. On the motion there were ayes 48, noes 49. Mr. WASHBURNE, of Illinois, called for the fleas and hays. Teyens&nays were ordered. The question was taken; and it was decided in the aliirmative yeas 68, uays 67, not voting 58; So the bill was laid on the table. Mr. WASHBURNE, of Illinois. mtRtv the bill was laid upon the table; upon the table. Agreed to. RECONSTRUCTION.
Mr. WASHBURNE, of Illinois, from the JtComReconstruction, submitted testimony which had been taken before that committee in reference to Texas, Louisiana, and Florida; which was ordered to be printed and laid upon the table.
Mr. wASHBURNE, of Illinois, moved that the same number of extra copies be printed as had been ordered of previous testimony in reference to other States. The motion, under the law, was referred to the ComPrintg. AGRICULTURAL COLLEGES.
Mr. BIDWELL, by unanimous consent, moved that the ComAg be discharged from the further consideration of House bill No. 498, to amend section 2 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, ” and that the same be referred to the ComPubLands. The motion was agreed to. FREEDMENS BUREA U APPROPRIATION.
Mr. WRIGHT. Mr. Speaker, I was absent from the House yesterday on account of sick ness, and I wish to say if I had been present I would have voted against House bill No. 645, making appropriations for the uses of the bureau o efugees. Freedmen, and Abandoned Lands for the fiscal year commencing January 1, 1866, appropriating as it does $11,000,000. I move BEOHGANIMTION OF THE ARMY. The House resumed the consideration of the bill (H.R.No. 861) entitled “An act to reor nize and establish the Army of the U.S., ” the pending section being the follow mg: 81 102.3. Abife:, That the pay Dept of the Army shall hereafter consist of one payMGen, with therank. pay, and eiuol umontsofa brigadier general: 2 asstpayinus tor generals, with the rank, pay, and emolumentsof coloucls of cavalry; 2 asstnuymastergeucrnls. with the rank. pay, and emoluments of lieutenant colonols of cuva ry: and 40 paymusters, with the rank, pay, and cmoliimentsofm orsof cavalry; and the original vacancies in the era O of m or shall be filled by selections from those personswho have served faitlifully as pnymasters or additional paymasters in the Army of the U.S. in the late war; and hereafter no graduateof the U.S. Military Academy. being at the time in the Army of the U.S or having been at any time for thrcc yearsnext precedinu, shall be eligible to appointment itsan Officerin the pay Dept: but this provision shall not extend to graduatesof WestPoint now in the pay Dept. The pending amendment was moved by Mr. SCHENCK, to strike out in line 7 the word “ 40, ” and insert “ii ” in lieu thereof; on which the yeaspnd nays adbeen ordered.
Mr. SCHENCK. Mr. Speaker, I do not propose to detain the House except to recall what took place when the amendment was up before, an which may have since been forgot ten. In the 7th ine of the 23rd section provision is made for 40 paymasters With the rank of major. The number insisted on by the Paymitster General, in an able communication read to the House, is 60. In most of these bureaus and Depts, the gentlemen who are at. the head of them wish to have the greatest number of assts, but can get along with a less number if it be found essential the number should be limited. The committee, on reconsidering the whole matter, agreed to make a compromise between the views of the PayMGen and their own, and accordingly I moved the ending amendment to strike out “ 40 ” an insert “50.”
Skip Skip The question was taken; and it was decided in the negative yous 56, nays 65, not voting 62; So the amendment was rejected. ENROLLEDJtResolutionS SIGNED.
Mr. TROWBRIDGE, from the ComEnrollBill, reported that the committee had examined and found truly enrolled JtResolutions of the following titles; which were thereupon si ued by the Speaker: Jtresolution (S.R.No. 34) expressive of the gratitude of the nation to the officers, soldiers, and seamen of the U.S.; andJtResolution (S.R.No. 76) making appropriations for the expenses of collecting the revenue from customs. DEEPENING SOUTHWEST PASS.
The SPEAKERlaid before the House a communication from the SecyWar, transmitting a report of a board of engineers relative to the ccpening of the Southwest Puss of the Mississippi, in reply to a resolution of the House of A n il 20, 1866; which was ordered to be printe, and referred to the ComCommerce. TELEGRAPH TO THE WEST INDIES.
Mr. ELIOT. I submit the following report from the committee of conference on the disagreeing votes of the 2 Houses on the bill in relation to a telegraph between the U.S and the West Indies: The committee of conferenceon the disagrooi votesof the 2 Houseson the bill (S.No.26) entitle “An act to encourage telegraphic communicationbetween the U.S. tstes and the island of Cuba and other West India islands and the bahamas." having met, after full and free conference have agreed to recommend and do recommend to their respective Housesas follows: That the Senate agree to the 1st amendment of the HoRepto the bill, and that it agreeto the2ndamendment of the House with an amendment, as follows: at the endof the amendment insert the words "subacct, however. to the power of Congressto alter and determinesaid rates;" and the House agreeto the same. Z. CHANDLER 1. M. nonmni. ManaguaJOHN oonnsss. on Ihc part of the Senate. THOMAS D. ELIOT, CHARLES ONEILL. NELSON TAYLOR Manager: on the part of the House.
Mr. ELIOT. I demand the previous question on the adoptionof the report.
Mr. RAND; LL, of Pennsylvania. Mr. Speaker, can I have the whole of that bill reported?
Mr. RANDALL, Of Pennsylvania. I ask it as a privilege.
Mr. ELIOT. I will explain what the effect of the agreement is.
Mr. RANDALL, of Pennsylvania. I think this bill went through the House without fair consideration. It. appropriates a.large sum of money.
The SPEAKER. There is nothing before the House except the question of agreeing to the report of the ComDisagreeing votes of the 2 Houses. The Gentfrom Massachusetts proposes to explain it.
Mr. ELIOT. There were 2 amendments which were made to the bill in the House. The 1st amendment gave to the U.S. the free use of the line during time of peace as well as during time of war. The Senate agreed to that amendment. The 2nd amendment which was made by the House was that the company should not charge more than at the rate of $3 50 for each ten words. The Senate disagreed to that amendment. The maners on the part of the 2 Houses have agree to the amendment, with this provision: “subject, however, to the power of Congress to fix and determine the rate at any time.” That is all that the committee of conference had before them. The effect of that amendment is to limit the rate of charges. I ought to say that there is also in the bill a provision giving to Congress the right to alter and amend the bill at any time, so that the amendment which was agreed to in conference is really repeating what was in the bill before; but it made some parties more satisfied with the bill, and so the committee of conference agreed to the amendment.
Mr. RANDALL, of Pennsylvania. I think there is undue power granted there, and for the purpose of testing the question I move to lay the report on the table. The SSEAKER. That carries the bill Wit it.
Mr. RANDALL, of Pennsylvania. the motion. The motion to lay the bill on the table was disagreed to. The previous (Hiestion was 2nded and the main question or ered on agreeing to the report I make of the committee of conference; and under the Operation thereof the report was agreed to. M
Mr. ELIOT mtRtv the report of the committee was agreed to; on the table. Agreed to. ARMY BI Lil AGAIN.
The Clerk read as follows: SEC.24. Abife: That the corps of Engince is shall consist of one chief of encinecrs.witb the rank. PM and emolumentsof a brigadier iren cral, 6 coloncls, 16 houtciiiiiit coloucls. 22 nine rs, 30 ca toms and 20 1st and ten 2nd iciitciiunts. who shall have the pay and emolumentsnow provided by law for officersof the Engi noer corps of these several gradesrespectively. But after the 1st appointments made under the provisions of this section, as vacancies may occur in the several gradesof lieutenant colonel, major, and cap tain, no appointments to fill the sameshall be made until the numberoflioutenant coloncls shall be reduced to 15, the number of majorsto 20 and the number of captains to 20, and thereafter the number ofofficers in eachofsaid severalgrades shall continue to conform to such reduced numbers.
Mr. SCHENCK. There is a mistake in a title in that section which I desire to correct. I move to strike out the words “chief of engi neers” and to insert “chief engineer” in lieu thereof. The amendment was agreed to. The 25th section was read, as follows: SEC.25 Abife:.That rtgheeafinvtc. major and quiirtermaster sergeantherctofore prescribedby law, shall constitute a battalion of engineers to be officered by Officers of suitable rankdetuiled from the corps of Engineers, and theo the cis of engineers act ini: respectively asadjiilnntnnd quurterrunsterof this battalion shall be entitled to the pay and cmolumontl of adjutantl and quartermsstersof cavalry. No amendments were offered. The 26th section was then read, as follows: Sac. 26.Abife:, That the ordnance Dept of the Army shall consist of the somenumber of officers and enlisted men as is now authorized by law, and the officers shall be of the following grades, namely: onc brigadier general, 3 coloncls. 6 lieutenant colonels, 12 majors 20 captains. 12 1st lieutenants, ten 2nd lieutenants, all of whomshall havethesamepay and emolumentsas now provided by law and 13 ordnancestorokeepers, ofwhom anumbernot exceeding 6 may also be appointed and authorised to act as payinasters at aruiories and arsenals. Ordnance storckccpers shall have the run, pay, and emoluments of captains of infantry, and ordnance store keepers and paymasters the rank, pay, and cine lu inents of captains of cavalry. But after the 1st. appointments made under the WOVIFlOHSof this section, as vacancies may occur. reducing the number of officers in the several gradesof this Dept below therank of brigndier general appointments to fill the same shall be made until the number of coloncls shall bereducedto one, the number of lien tenant colonelsto 3. the number of majors tosix and ti. nunilicrofcaptains to 12 and thereafter the number of officersin each of said several grades shall continue to conform to such produc d numbers.
Mr. SCHENCK. I appreciate the motive which induces the Gentfrom Massachusetts [Mr. Dawes] to move this amendment. It is admitted on all hands that these Officers have been inade uately paid heretofore; they have, in fact, had less pay than similar officers in the quartermasters Dept. They are now receiving. however, one class $1, 040 and another class $1, 490 perannum, by an increase of $240 peryear added to the pay ofeach class since the law was originally enacted. The committee propose, in the case of ord nance storekeepers, to increase their rank, pay, and allowances to those of a captain of infantry, which is less than a captain of cavalry receives, and to make 6 out of the 13 ordnance storekecpers, who are also acting as and having. the responsibilities of paymasters, of the rank and with the pay and emoluments of captains of cavalry, being about 180 dollars a year more. The Gentfrom Massachusetts [Mr. Dawns] proposes to make an exception in favor of the ordnance storekoeper and paymaster at Springfield. I admit, while there are 6 of these 13 storekeepers who also serve as paymasters, the burden of responsibility upon the one at Springfield is perhaps in some respects as great as of the of the r 5 in respect to the amount of property under his charge and the payments he has to make. These storekeepers, who set also as aymas ters, expend from about 5,000 dollars permonth at the 2 or 3 western arsenals which have recently been established, one at RockIsland and one at Columbus, up to about 200,000 dollars permonth, which has been the rate of expenditure at Springfield. How, if the proposition of the Gentfrom Massachusetts is to be confined exclusively to making a distinction between the Officer at Springfield and the others, I do not know that there ought to be any objection to it. But I think, as a general thing, the allowance proposed to be made to them as captains of cavalry is quite sufficient.
Mr. DAWES. Iought tohave added that the officer at Springfield is obliged to give $50,000 bonds, while ordinary paymasters give only $20,000 bonds.
Mr. SCHENCK. The gentleman is correct. I would suggest to him that his amendment now speaks of “the paymaster and store keeper at the national armory, " I think he on it to say. “at Springfield, Massachusetts.”
Mr. DAWES. I have modified my amendment in that way.
Mr. SCHENCK. They are all national arniories. But this advantage should not be extended to any except that one officer, who has so many more responsibilities than the others.
Mr. ONEILL. I desire to ask the chairman of the committee a question. Why is a distinction made between the military storekeep era in the ordnance Dept and the storekeepers in the quartermasters Dept? The bill provides that those of the one class shall receive the pay of captains of infantry, while those of the other class recci rethe pay of captains of cavalry.
Mr. SCHENCK. I am very hap y to be able to give the gentleman an explisnation. The storekeepers in the quartermasters Dept, who are to receive only the pay of captains of infantry, do not act also as pay masteis. There are 16 of those; and they are all put upon the same footing. Of military storekeepers in the ordnance Dept, there are 13, 7 of whom not simply as storekeepers like those in the quartermasters Dept, and they are put on the same footing as to pay with the storekeepers in the quar termasters Dept. But 6 of these Military storekecpers in the ordnance Dept act also as ayinastcis and they are put as to pay upon the footing of captains of cavalry, giving them an advantage of perhaps $180a year in pay and allowances, in order to recompense them for acting as [gymasters as well as military storekeepers. O distinction is made, as the gentleman supposes, between the storckecpers in the quartermasters Dept and those in the ordnance Dept. The storekeepers in the ordnance Dept who act only as military storekeepers are put upon precisely the same footing as storekeeers in the quartermasters Dept. The distinction is made only in the ease of a half dozen who serve also as paymasters.
Mr. ONEILL. It seems, then, that the distinction is made on account of the additional resonsibilit of iarticular officers.
Mr. SCHENCK and their additional duties. The distinction has always been made. I will give the gentleman the law on the subject. By a law passed in 1842, the paymasters and military storekecpers at the armories and at the arsenals of construction at Pitts burg, Watervliet, and Washington city, received $1, 250; and all others who served as storekeepers, like those in the uartermasters Dept, redeived $800. but by an act passed in 1857, the sum of $240 perannum was added to officers all round, increasing the compensation of those acting as storekeepers and paymasters to $1, 490, and that of the others to $1, 040. The distinction exists under the present law; and this bill proposes simply to continue it.
Mr. ONEILL. The Gentfrom Massachusetts has urged an increase of pay to the military steieliceperat S ringfield on the ground that he performs the uties of paymaster, and is subjected to a large responsibility. Now, I wish to state that there are other officers in the count.whose duties as military storekeepers have, during the last few years, imposed on them very great labor and responsibiity. Sir, a case in point is that of the storekeeper at the arsenal on the Schuylkill, at lliiladelp ia. During the last 4 or 5 years the quantity of materials stored in that arsenal has at times amounted in value to ten or 15 million dollars. imposing, of course, a great responsibility upon the storekeeperat that post. 1 also know that the military storekeeperat Washington has had an almost equal responsibility resting upon him. Why should not the military Storekeepers at these 2 points have an increase of sal ary? The extentand importance of their duties certainly entitle these officers to a larger pay than the ordinary military storelicepers.
Mr. DAWES. Isuggest to the gentleman that the difference between the 2 cases is this: in the case he speaks of the storekeepor had, during the war, the custody of a large amount of property, which is now constantly growing less; while the property in the custody of the storekeeperat Springfield is all the time increasing, as the military stores now go there for safe keeping. In addition to that, his duties as storekeeper are by no means the whole of his duties. He makes large disbursements of money, equal in amount to those of any ordinary payiiiaster in the field. He has to rform, also, the duties of a commissary. T dse are duties which do not devolve upon the rtore keepereither at the Schuylkill arsenal or here in this city. This is the reason why the distinction proposed to be made is just. I admit the propriety of a provision in the bill that all of these should be raised to that particular oint. I only ask the House to consider whether this one should not be provided for, as the others have been paid more than he has been, and who has had far greater respon sibility. I hope my friend will not press his amendment."
Mr. ONEILL. I approve of the amendment of the Gentfrom Massachusetts. But he is mistaken in reference to the Schuyl kill arsenal.
Mr. DAWES. I do not want to be considered as opposing the amendment of the Gentfrom Pennsylvania.
Mr. ONEILL. The Schuylkill arsenal has been the great distributing arsenal of the country. It has been so since the late war with England. It will still continue to be the receptacle of an immense amount of Government material. It is all under the direction of the military storekeeper. If I am not mistaken it is the duty of that military storckeeperto pay the einployes of that arsenal. I think it is a point where we should give this military storekeeperthe pay and emoluments of a captain of cavalry.
Mr. SCHENCK, We have long since passed the section in reference to military store kce ers.
Mr. ONEILL. I understand the proposition is in reference to military storekcepers.
Mr. SCHENCK. If the gentleman will turn back to the 16th section he will find we there dispose of the quartermasters Dept. I am glad it is disposed of. We were a long time at it. In the 17th section there is a provision about military storekeep ers. We are now on the section providing for the ordnance Dept. We provide there shall be 13 ordnance storekcepers, of whom a number not exceeding 6 may also be appointed and authorized to act as paymasters at armories and arsenals. The proposition is to make a distinction in favor of those who act as paymasters. The Gentfrom Massachusetts proposes to make a still further distinction in favor of the one at Springfield on the ground, which I admit does exist. that his responsibility is to the extent of $50,000,000, while the highest responsibility of the others is $12,000,000. running down to $000,000.
Mr. ONEILL. I thought I was at the properplace to move the amendment. This military storekeeper at the Schuylkill arsenal has greater responsibility than any other military store keeper, and I do not see why he should not have his pay increased.
Skip Skip Mr. SCHENCK demanded the previous question. The previous question was 2nded and the main question ordered. The amendment was agreed to.
Mr. FARQUHAR. I move to strike ont in line 13 the word “infantry, ” and insert “cavalry” in lieu thereof. I desire to make an inquiry of the chairman of the Military Committee as to the effect of the section. I see it provides for 6 ordnance storekeepers as paymasters. It provides foy 13 in all. Is itt e design that the remaining 5 shall not act as paymasters?
Mr. SCHENCK. There are 6 arsenals where khe ordnance storekceers act as pay Ironasters, and we provide on y for that number.
The Clerk read as follows: SID. 27. Abife: That there shall be one chief signal officer of the Army. who shall havethe rank, pay and emolumentsof a colonel of cavalry and the SecyWar shall have power to tllillll from the armysix offircrs. anilnot to exceed 100 non-commissiouwlofficers and privates, to be taken from the battalion of engineers, for the perlonnance of si noldutv: lfmvillell. Ihatno officer or enlisted map shall be ctailed to servein the signalcorps until he shall have been examined and approvedby amilitarpYboard. to beconvenedby the SecyWar for t iat purpose; and other rswhile sodetailed shall receive the pay and emolumentsof cavalry officers of their respective grades; and enlisted men while so detailed shall, when deemed necessary, be mountedupon horses provided by the Government. SEC. Ami Abife:.That in all the staff corps for Deptal promotions may here after bemadeWit out regard to sonionty in the date of appointments or commissions, and the samerule of promotion by meritnlone shall apply to all officers of the line above the grade of captain.
Mr. GARFIELD. I move to strike out the word “above” and insert “below;” and to strike out “ captain " and insert “colonel.” Mr. Speaker, there is no good reason why this rule of promotion should not apply to company officers. I am very glad that the committee has undertaken to adopt the principle of promotion by merit. It is an innovation upon the established customs of the Army, an will no doubt throw out some men and work some hardship. But the good that will be accomplished by it is so very great that I believe the section ought to stand With the amendment I have suggested. Where a man has devoted himself for life to the military profession, and has been compelled to serve perhaps 5 years in a single grade before the promotion comes, it may be said that it is hard that he should not be iromoted as a matter of course. But on the ot or hand, if 5 Years service has not made him by his merits worthy of a higher grade, he ought not to be promoted.
Mr. WRIGHT. I wish to ask the gentleman a single question. His amendment proposes to strike out the word “ above” and insert the wort “ below, ” and strike out the word “ cap tain" and insert “ colonel, " so that itwill read, “and the same rule of promotion by merit alone shall apply to all officers of the line below the grade of colonel.” Does he consider a lieutenant colonel and a major officers of the line, or are they field officers?
Mr. GARFIELD. Certainly, they are officers of the line.
Mr. WRIGHT. There are too many tinkers about this.
Mr. WRIGHT. I desire to ask the chair man of the ComMilAffrs, what is the object of inserting in this section these words that seem to exclude captains from that kind of promotion that is given to general and field officers? If I understand that section there is one rule in regard to general and field officers, that they shall be chosen without any regard to seniority of service. They are selected by the POTUS, subject to the advice and consent of the Senate. Now, I should like to know why a captain if he is a worthy man should not be placed in the same category With ficld and general officers. He is in the same cat egory the moment he gets above the rank of captain; why should he not be before, if you want to romote a meritorious line of officers?
Mr. SHENCK. When you speak of the grade above the grade of captain, of course you mean the grade of major, for that is the next grade above. Therefore all these promotions will take place in the ordinary way, by seniority, while officers are yet young, unde veloed in character, and in some degree undeve oped in capacity. But when they become field officers and reach the grade of major, promotions will be made by selections according to merit. As a matter of course, when a man has been promoted from captain to major, ifhe be a oung major, even the last captain promoted, if he manifests unusual ability and fitness for going higher up, he will be eligible for selection for that purpose. That is the whole meaning of the provision. It is adopting in our military system what, as I have shown the House, has prevailed in the military systems of all other countries. I do not say that the 1st grade above that of captain is the best point at which to make the line. Perhaps you might say above the grade of major or above the grade of lieutenant colonel or co onel. But the committee thought that after an officer had served as a subaltern, and as the commander of a company, and had got his 1st promotion above the grade of captain, and was made a major, he ought after thnttoexpect romotion only according to the efficiency, a ility, and fitness for higher and more serious and important commands which he should manifest.
Mr. WRIGHT. Does notthe promotion of general or field officers depend upon the arbi trahr? will of the a pointing power?
Mr. WRIGHT. While a captain has to do.end alone n on his merits.
Mr. SCHENCK. Not at all; it is just the reverse. In all the staff corps promotions are hereafter to be made without regard to the seniority of commission or date of appointment; that is, they are to be by merit, and it is proposed that the same rule of promotion, by merit alone, shall a ply to all officers of the line above the gra e of captain; that is, to majors, lieutenant colonels, and colonels. Promotion by seniority will be confined to those who have not got to the grade above that of captain, to all below the grade of major.
Mr. WRIGHT. I am aware that many staff officers have the rank of lieutenant. But in regard to the promotion of line officers, I know of no reason why the captain of a company should not have the some chance of arbitrary selection and promotion as field and general officers.
Mr. SCHENCK. If I understand the Gentleman aright now, he would have this rule of promotion by selection extend through all the gra es.
Mr. SCHENCK. For the simple reason which I have already stated, and there must be some reason in the rule, since it is one which has been adopted in every country where they have military systems which have been built up through centuries. It is for the reason that junior officers, subalterns and company officers, are not presumed to be men who have become developed; it is not to be presumed that anv of “them will be able to make such show of prceniinent ability above their fellows of the same grade as those in other and higher ranks, and therefore they are to be promoted by seniority alone. That is, where there is a vacancy for major, it is to be filled by promoting the oldest captain. Above that grade it is proposed to make promotions according to merit.
Mr. WRIGHT. My objection is this: that in the apointment of regimental staff officers, they may e selected without regard to seniority or term of service, while captains seeking promotion must have a different rule op lied to them. This is, in myjudgment, an an air and illiberal distinction.
The SPEAKER. It is in order to move that the section be stricken out.
Mr. SCHENCK. Before the vote is taken on the motion to strike out the vote will of course be taken on the amendment of my colleague.
Mr. BOYER. I do not make the motion now, and of course do not wish to cut off any amendment to the section.
Mr. STEVENS. I am not sure but I shall vote for the amendment of the Gentfrom Ohio, [Mix GARFlelD] I ought perhaps in mod esty to recite the old utch maxim isit? “Non nostium intervostanlaslitese om onere." [Laughter] I think that is Latin. [ tenewed lungliter.] do not know that I ought to mingle in this quarrel between these high generals, having never been anything more than a 2nd lieutenant myself. ButI want to make this suggestion, that the system of giving promotion by seniority of rank comes from the old English system, and is founded, I think, upon a vicious principle. In England, by means of purchasing commissions, a nobleman who has younger sons, and desires to place them where they can secure a support for life, with a cer tninty of promotion, purchases commissions for them at from 2 to 3000 pounds each. Those commissions are salable by the officers holding them. Now, it would not do to have these vested rights broken in upon by allowing romotions or even appointments to be made or merit alone, and hence, until you get to the higher grades in the British army, I romotions are never made for merit, but only by seniority. That is a system devise dlhy the nobility for the support of those forwhom they have purchased commissions. But it is a system with which we in America ought to have nothing to do. We cannot afford to make our original appointments by the sales of commissions; nor can we allow those who hold c.0m missions totransfer them bysale, and thus make a large amount of money out of them. That bein the case, there is but one other system which we can adopt, and that is the system of promotion by merit, and 1 think we ought to apply the system to the lowest ranks. hope I shall be excused for venturing to make these remarks upon a qestion that I may be supposed to know nothing about, and I am willing to confess it. As I am requested to call the previous question, I will do so.
Skip Skip The previous question was 2nded, and the main question ordered; which was upon the amendment of Mr. GARFIELD.
Skip Skip The question was taken; and there wereayes 32. noes not counted. So the amendment was not agreed to. The question recurring on the motion of Mr. Berna, to strike out the 28 h section, it was not agreed to.
The Clerk read as follows: SEQ.20. Abife: That the President is authorized to transfer officers of the Army of the U.S. from the line to the general staff and from the general staff to the line or from one staffcor s of t a general staffto another and different sta corps or from one arm of the service to an other; but an officer on being so transferred shall iosnplylatcaekde such rank in the staffer corn: in which he as he held by commissionin the stalior line beforehis transfer. Sec. 30. Abife: That the age for the admissionofc ctsto the U.S. Military Academy shall hereafter be between 17 and 22 years: but any crsoii who has served 2 yearsas a volunteer in the Union Army. in the late war. may be eligible to appointment up to the 11:0of 24 years. SEC.31. Abife: That cadets at the Military Academy shall hereafter be a pointed one year in advanceof the time of their a mimiou. except in caseswhere by reason of death or other cause. a vacancy occurs which cannot thus be proVided for by such appointment in advance: but no pay or allowance shall be made to any such apoin tecuntil heshall bere ulnrly admitted on examination. as now provided y law and in addition to the requirements necessary for admission as provided by the 3rd sectionof the“actmaking further provisionslor the cor sof Engincers approved April 1812 enndidntes shall her c uiredto aveaknowl edgeof the elements ofEn lis grammar.of descriptive googiaphy.warticular y of our own country, and of the history of the U.S. SEC.32. Abife: That the Supermtendent of the U.S. Military Academy may hereafter be selected and the officers on duty at that institution detailed.fromany arm of the service: and the siwervision and eharge of the academy shall be in the or Dept, under such officer 3r pflicers as the SecyWar may assign to that ll Y.
Mr. SCHENCK. I move to amend by inserting the following as an additional section: Sac. Abife:.That no officer of the army. in time of peace shall be dlgmldatd the service unless in accordancewith the provis us of this act or by sentence of a court martial duly approved. The amendment was agreed to.
Mr. SCHENCK. The Inspector Generals Dept is not represented in the council of otheers according to the present prowswns of the section. Imove, therefore, to amend by inserting after the word “Dept, ” where it occurs the 2nd time in the 10th line, the words “and one officer of the In spector Generals Dept, ” and by striking out in the same line the word “ an;” so that the clause will read: Which council shall be composedof 3 general officersof the Army, 3 O core of infantry. 2 officersof artillery. 2 officersof cavalry. 2 officers of the medical Dept, one officer of the Adjutant Generals Dept.one officer of engi ncers, one Officer of or nanco.one officerof the quur termnsters Dept, ono oficer of the subsistence Dept.one officer of the pay Dept and one olhcer of the Inspector Gonernls Dept. The amendment was agreed to.
The Clerk read as follows: Sec. 34. Abife: That no officer of the army belowthe rank ofcolonel sliull hereafter be promoted to a higher grade beforehaving passed a satisfactory examination as to his fitness for promotion and record of postservicesbeforea board of 3 general officersor Officersof his corpsor arm of service.senior to him in rank: and should the officerfail at saidexamination. he shall besuspended from promotion for one yoar, when. if he still desires promotion, he shall upon application, be reexam ined and upon a 2nd failure shall be dro ped from the rels of the Army: Provided. Thuti any Officer be found unfit for promotion on account of moral d isqu iilificationsh.e shall not be entitled to a reexamination.
Mr. SCHEXCK. Mr. Speaker, some Representations have been made to me by officers of the Army who have distinguished themselves during the late war as to the possible working of this section and the propriety of an amendment to guard against possible injustice. In conformity with the suggestions made to me, I move to amend by striking out in the 6th line the words, “senior to him in rank, ” and insertingin lieu thereof the words, “ who have served as seniors to him in rank during the late war against the rebelliou;” so that the clause will read: That no officerof the Army below the rank of coloncl shall hereafter be promoted to a higher grade before having passeda satisfactory examination as to hisfitnessfor promotionand recordof pastservices before a board of 3 general officersor officers of his corps or arm of service. who have served as seniors to him in rank during the late war against the rebellion. I will state the reason for proposing this amendment. Some officers who formerly served as captains or majors, or held other subordinate positions in regiments, have acted as brigadier and major generals during the late war, while their former colonels or lieutenant F colonels have not been selected for any such command, being supposed to be not quite so well fitted as their juniors, or not quite so young and capable as it was desirable they should be for the ctiiciency of the service. Now. these gentlemen who may apply for colonelcics, or any higher grade of position in the extension of the Army, do not wish to be examined by officers senior to them in rank who did not serve during the war, and whose sympathies would not probably be with them.
Mr. WRIGHT. I ask the Gentfrom Ohio whether he is not taking away from the President and Senate their prerogative to appoint, nominate, and confirm. The gentleman refuses to answer and I hope the section will be voted out. The amendment was agreed to.
The Clerk read as follows: Sac. 35. Abife: That no person shall beappointedan officerin the line orin niwstaff corpsof the Army until he shall have passeda satisfactory exnmination beforea board. to be convened under direction of the SecyWar. who shall inquire into and take account of the servicesren dered during the late war.a.s well as the capacity and qualifications otherwise of the applicant: and such appointment. when made shall be Without renrd to previous rank. but with sole regard to qualications and meritoriousservices. SEC.35. Abife: That for thq purpose of promoting knowledge of military SE IUHOD among the young men of the U.S., the Prosident may. upon the application of an established college or university within the U.S. with suflicisnt capucit to educate at one time not less than 150 male students.detail an officerof the Army to act as president.superintendent or professorof such college or university; that the number of Officers so detailed shall not exceed 20 at any time, and shall be appointed through the U.S. asnearly as practicable.accordiu to population and shall be governed by gener rules. to beprescribed from time to time by the president.
Mr. GARFIELD. I move the following to come in as a new section: Abife: That whenever troops are serving at any post,:irrison or permanent camp thereshall be estiiblised a school where all enlisted menmaybeprovidedwith instruction in the common English branches of educationand cspeciitlly in the history of the U.S.; and the SecyWar is authorized and directed to detail such commissionedand non-commissionedofliccrsas may be necessaryto carry out the provisions of this section. Mr. Speaker. I only ask to say a word on that subject. One of the greatest evils known in standing armies is the evil of idleness, thement of all wickedness, and especially the ignorance connected with it. I hope we will be able to do something to eradicate that evil from our Army, and to do something to make it a patriotic Army. In the wearisome months spent in camp and at posts and garrisons there is nothing for them to do biitto indulgein some deviltry. It is a great evil in the Army. I want the enlisted men to have opportunities for culture and I ask that the SecyWar shall detail Officers fitted for that purpose. think such asection will relieve the Army from this evil. It has been drawn hastily, butl think will commend itselfto the country. One word more. If it were in my power I would make a law that every man and woman in the U.S. should study American history through the period of their minority. We cannot do that throughout the U.S. generally, but we can enforce it to some extent it on the privates in our Army.
Mr. SpHESE. I have no objection to incorporate this section into the bill. I only advise the House and the gentlenian who offers it that I have along bil ropesing a radical change to take place gra ually in our whole system. The purpose will be indicated by reading its title. this an act to establish a system of education in the regular Army of the U.S., and provide that all promotions therein shall begin from the rank and file. As this is notto be presented now. but a matter for future consideration, I do not object to the amendment. the Clerk read as follows: SEC.37. Abife: That any person applying foru commission under the authority of this act and having Dismissedd to appear betore a board of examiners, shall be entitled, in else of passing the examination and being a pointed or commissioned, to receive mileagefrom his place of residence to the place of examination, or such portion of that distance as he may actually travel, the same as is paid to officers traveliniz.under orders, but shall be paid no UIhPfeDIHDEHSZI ilflll. SEC.38. Abife:, That the allowance now made by law to officers traveling under orders, wheretransportation is not furnished in kind, shall be increased to ten centspermile.
Mr. ROLLINS. I move to amend by inserting the followmg as anew section, to come in after section 38: Abife:, That the provision in section 15 of the not approvedJuly 5. ISIS. givinl to certain officers on additional ration perdicm for each 5 yearsotserviee.slinll be construedto apply to all officers or soldiers of volunteers who may be commissionedin the renuliir Army and the date of the original entranceof the officersor soldiers in the volunteer service shall be the date from which the period of 5 years shall be reckoned. I understand that the committee have no objection to this amendment. The object of it is to secure a credit to the gallant men who have served in the volunteer Army during the war if they shall be appointed in the reular Army, so that they may obtain the additional ration. I think it is iust and properthat they should have the credit. They Will have been in actual service for some years, and deserve the credit that this amendment proposes.
Mr. SCHENCK. If section 38 remains in the bill I have no objection to this amendment to it. It has been my purpose, however, to move to strike out that section altogether, and for this reason: it relates to pay and allowances, and that very provision is contained in nno the rbill that we have reported called the pay bill, which has been made a special order in this House. Both the 30 8th section and the amendment which the entle man proposes would be very appropriate in that bill.
Mr. BLAINE. If that bill should not pass I would rather have the amendmentin this bill. The amendment was agreed to.
The Clerk read the following sections: fine. 39.Abife: That in construing this bill. officerswho have heretoforebeenappointed or commissionedto serve with U.S. colored troops shall be deemedand held to beOfficersofvol untccm. SEC. 40.And be 1! Abife: Thatofficersof the regular Army, who have also held commissions as officers of volunteers shall not on that account he held to be volunteersunderthe provisionsof this act.
Mr. SCHENCK. I propose after section 40 to insert as an additional section the followmg: and be“ Abife: That nothing in this act shall beconstrued to authorise or permit the appoint gent to any position or office in the Army of the U.S.of any person who has servedin any capacity in the military or naval serviceof the so on led confederate Statesduring the late rebellion. butdanysuch appointment shall be held illegal and voi. The amendment was agreed to.
Mr. WRIGHT. I have an amendment to offer as a new section: Abife: That all leadersof bands of music in the U.S. Army who now have the pay of 2nd lieutenants, shall O styled bandmasters. with the (privilege of wearing the shoulder strq pspf n.reconlieutenant with aITo thereon to indicate their position: Provided, that nothlng herein contained s inll add to the rank, pay, or emol umentsof sueh band masters. I have the honor to submit this to the chair man of the committee. I presume that in the reorganization of the Army, apart from the general matters that attract the attention of the House, some mine r details are necessary. This does not increase the rank of thesepersons, who are really officers, drawing the pay of 2nd lieutenants, but their pride, I presume, might be gratified and their position known by the wearing of a shoulder strap with some of the insignia of military office upon it. It does not, I admit, amount to much, but we are all of us men, and the poorest among us have some personal pride, and therefore I would like to have this amendment adopted. It is the safest course to put
Mr. SCHENCK. I understand the gentlemans amendment not to propose any increase of pay.
Mr. WRIGHT. Simply that we may know who are band masters iu the U.S. Army. The amendment was agreed to.
Mr. ANCONA. I offer the following amendment, to come in as an additional section after the section which has just been passed: Src. Abife: That there shall be an instructor of sword exercise with the rank, pay, and emolumentsofa lieutenant colonel of cav alry; that said instructor of sword exercise shall be a thorough practical swordsman, conversant with both cavalry and infantry sword drill, and be distinguished for capacity, oflieiency, and experience as aniiistructor; that he shall carry out such regulations for perfectingtheedition of the Army in the use of“theswordasthe SecyWar mayprescribe. The amendment was agreed to. The 41st section was then read as follows: SEC. 41.Abife:, That nothing in this act shall be construed to affect in any way the Bureau of Refugees, Freedmen, and Abandoned nds, as now establishedby law.
Mr. GRINNELL. Ioffer the following to come in as an additional section: SEC and be if Abife: That nothing herein containedshall be construed as affecting the existing law respecting therank. pay and allowances ofchapluius of the Army but the same shall remain as now established by the not entitled “An act to amendsection 9 of the notapprovedJuly 17, 1862. entitled “An act. to definethe pay and omolumentsof certain officersof the army, snd forether purposes, " approved April 9, 1864. The amendment was agreed to. The 42nd and last section of the bill was then read as follows: 826. 42.And befl Abife: That all lawsand parts oflsws inconsistentwith the provisions of this act be, and the sameare hereby, repealed. No further amendments being offered, the bill was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time.
Skip Skip Mr. SCHENCK demanded the previous question on the passage of the bill. The previous question was 2nded and the main question ordered. Mr. WASHBURNE, of Illinois, demanded the eas&nays on the passage of the bill. The eas&nays were ordered.
The SPEAKER. The Gentfrom Ohio is entitled to one hour to close the debate, if he desire to do so.
Mr. BOYER. Mr. Speaker, would it be in order now to move to postpone?
The SPEAKER. It would be if the previous question should not be 2nded. Mr. ROSS. Would it be in order to move to recommit with instructions?
Skip Skip The SPEAKER. If the call for the previous question should not be sustained, that motion can be made. On 2nding the call for the previous question there were ayes 57, noes 28; no quorum voting. The SPEAKER, under the rule, ordered tellers; and appointed Messrs. SCHENCK and Haven. The House was again divided; and the tellers reported ayes 66, noes not counted. So the previous question was 2nded. The momquestion was then ordered to be ut. Mr. BOY Mr. I I move that the bill be aid upon the table. Mr. TAYLOR. If this bill be laid upon the table, then what. will be the position of the Senate bill?
The SPEAKER. The Senate bill is before the ComMilAffrs. Mr. WASHBURNE, of Illinois. I hope the gentleman will withdraw the motion to lay upon the table, and let the vote be taken on the passage of the bill, on which the yeas and ashave been ordered. Mr. BOYER. I withdraw the motion to lay upon the table.
Skip Skip The question was taken; and it was decided in the negative yous 86, nays 83, not voting 64; So the bill was rejected. During the roll coll the following announcements were made: Mr. BAXTER. integritly Eli 1 lam paired with my colleague Mr. WOODBRIDGE, who, if present, twould vote against the bill, while I would vote or it. Mr. BLAINE. I desire to state that I am paired with Mr. THAYER, who would vote against the bill, while I would vote for it. I am also renested to state that Mr. BINGHAM, who would vote for the bill, is paired, but I cannot recollect with whom. Mr. ROUSSEAU. On this question I am paired with Mr. J. L. Tnouas. Mr. HARDING, of Kentucky. My colleague, Mr. Rirrna, is absent on account of sickness. Mr. ANCONA. My colleague, Mr. JOHN son, who is absent on account of sickness, is aired with Mr. Hooritn, of Massachusetts. I now that Mr. JonxsoN would vote against the hill, but I do not know how Mr. HOOPEB would vote. The result of the vote was then announced as above stated. Mr. WRIGHT mtRtv the bill was rejected; upon the table.
Mr. STEVENS. I hope that will be post ned for the present, as I want to go to the usiness upon the Speakers table.
Mr. SCHENCK. I rose before the motion was made to reconsider.
The SPEAKER. The Chair acted in accordance with the uniform usage of the House in recognizing a gentleman who voted with the success 1 side.
Mr. SCHENCK. The Gentfrom Iowa [Mr. GRINNELL] changed his vote in order to move a reconsideration. I hope the bill will go over till tomorrow. I want the volunteer Officers and soldiers of the country who are waiting in expectation
Mr. RANDALL, of Pennsylvania. I object to debate and then, on motion of
Mr. SCHENCK, (at half past 4 oclock p. m.) the house adjourne.
@@@IN SENATE SENATE. THURSDAY, May 3, 1866. Prayer by the Chaplain, Rev. E. H. GRAY. The Journal of yesterday was read and approved.
Mr. RAMSEY. from the Committee on Revolutionar Claims. to whom was referred the memoria of Frederick Vincent, adminis trator of James LeCaze, late of the firm of LeCaze & Mallett, praying for the payment of money advanced during the revolutionary war, submitted an adverse report thereon; which was ordered to be printetI.
Mr. POMEROY from the ComPubLands, to whom was referred abill (H. It. No. 249) to establish a land office in the Territory of Idaho, reported it without amendment.
Mr. WILSON, from the ComMilAffrs , who were instructed by a resolution of the Senate of the 16th ultimo to inquire whether the full Army Regis ter, now in course of publication, has been compiled in accordance with the requirement of the JtResolution approved March2, 1865, and what will be the cost of such publication, submitted a report accompanied by aJtResolution (S. It. 0. 83) respecting the publication of the Volunteer Army Register. The JtResolution was read and passed to a 2nd reading, and the report was ordered to be printed.
Mr. STEWART. The ComPubLands, to whom was referred a bill (S.No.123) grantin lands to aid in the construction of a railro and telegraph line from the Central Paciiic railroad, in California. to Portland, on the navigable waters of the Columbia river, in Oregon, have instructed me to report an amendment in the nature of a substitute; and I willestate that the substitute is the House bill on the same subject with some amendments.
Mr. HOWE. The ComCommerce, to whom were referred various petitions of persons engaged in mining and run ning coal from the ononfialicla coal fields to market on the Ohio and ississipgi rivers, praying for such an amendment of the enrollment act as to exempt from its revisions all coal boats, coal barges, and 005lats which are used exclusively for running coal to market, and are not used for any other purpose, have considered the subject, and have directed me to ask to be discharged from the further consideration of the ctitions, and recommend that the be referre to the ComFinance; an I will say, if the chairman of the ComFinance will ive his attention, that there is accompanving ilie papers a letter from the SecyTreasury recommending that they be exempted from the enrollment and be required to take out a license instead, and it was the opinion of the ComCommerce that it should be referred to the ComFinance that they might see whether they would issue a license, and if so, whether they would recommend or not that the be exempt from enrollment. The report was agreed to. discONTINUANCE OF LAND OIPIOBS.
Mr. POMEROY. The ComPubLands, to whom was referred a bill (S.No.250) tor the discontinuance in certain cases of land offices and authorizing modifications in the limits of land districts, have instructed me to report it back without amendment, and to recommend its use 9. n
Mr. WILLIAMS. I would liketo have the bill which has just been reported by the Senfrom Kansas considered and passed. trust there will be no objection to it. unanimous consent the bill was considere as in ComWhole. Its 1st section provides that whenever the public land in a State shall have been so near y sold out asto render unnecessary the continuance of the district Office of register and receiver, the SecyInterior may order the transfer to the GLO of the land archives belonging to such districts; and in regard to the disposal of any residue of public lands in such districts the Commissioner is to possess all the powers previously possessed by the reister and, receiver. The 2nd section provides that whenever. in the judgment of the SecyInterior, it shall be advantageous to the public interest to modify the limits of O Ian district, either by enlarging or diminishing the same, he may cause such modification to be made, giving timely public notice thereof.
Mr. GRIMES. I would inquire what is meant by that last section. Is it intended to confer the power on the SecyInte prior to create new land districts?
Mr. POMEROY. It is not. It allows him to change the boundaries, or to consolidate 2 districts into one; but it does not allow him to make new districts.
Mr. TRUMBULL. Does not that power to change the boundaries already exist?
Mr. POMEROY. It exists so far as regards the State of California, but is not a general law. That is done under a special act allowing the SecyInterior to change the boundaries of land districts in California; but he has not the right to change the boundaries in any other State, or to put 2 land districts into one in another State.
Mr. RAMS 1. I think he has that power. At least he has exercised it in our State, for he has consolidated 2 districts tuere.
Mr. WILLIAMS. I will state that I applied to the GLO for a change in the boundaries of a land district in the State of Oregon, where it was necessary that the bound aries should be changed, and after examination the Dept decided that it had no such power, and suggested that a bill of this kind e passed, authorizing the Dept to exercise the power. It is at the suggestiott of the Dept that this bill is introduced and proposed to be passed, so that they may possess the power. h
Mr. TRUMBULL. I should like to make another inquiry of the Senfrom Kansas. In discontinuing all the land offices in a State where the lands are nearly exhausted, which I think is very properand ought to have been done longugo in some of the States where there are still land offices, Isubmitwhether provision ought not to he made for keeing the records in the State. When land offices have been consolidated, the books of the land office discontinued have gone to the consolidated office. There is occasion very often to refer to these records, and it will be exceedingly inconvenient in one of the new States, where all the land formerly belonged to the Government and all titles are derived from the Government, if when controversies arise the parties must come to Washington to mic. the titles. It seems to me that provision ought to be made for depositing at the ate. capitals, with the States, the records O he land offices, or in some way for preserving them within the States. Unless that be done, tl.ey will exist nowhere except at Washington. I know it is the constant practice ip my State, when actions arise involving the title to lands, to apply to the land ofice for cer tificates showing who entered the lands. when they were entered, and whether they were preempted, and so on and by a statute of our, State the certificate of the receiver of public moneys or register of public lands is made evidence, and I presume that is the law generally in the new States. New, I submit if. instead of transferring the records to Washington, some provision ought not to be made to leave them in the States.
Mr. POMEROY. I will say, in replyto the Senator. that that subject has been for more than a month discussed in the ComPubLands, and at 2 succeeding meetings the ComrGLO has been before the committee. The very point that the Senfrom Illinois now makes was argued before the committee at consider able length. In examining the way the records are kept, both in the GLO here and in the various districts, we found that they did not have here duplicates of the certificates of entry. It was at 1st supposed that if they were brought here to the GLO it would be only multi lying papers of the same character; but the ComrGLO says that he now hastosend to these various land offices himself to get copies whenever a contest arisesin which he is asked to furnish them. It is very strenuously urged, by the GLO at least, that the whole of the documents in each case should be deposited here when we close out the land districts in a State. The committee have no feeling about it more than to make our system harmonious, and to accommodate the entry of these lands to the system that they have already. adopted. It has been a long time before that committee, and we have been urged for a good while to report it. We hesitated somewhat, but finally concluded to repert it as the ComrGLO desired it.
Mr. TRUMBULL. I wasquite aware that the Senfrom Kansas had no other object in view than the promotion of the public interests. The people of Kansas are just as much interested in this question as those of Illinois. We are all interested alike. Having been engaged somewhatin the pructiceof the law, l know that we have frequent occasion in those States to resort to the and offices for infortnation, and I am sure it will subject the people to great inconvenience if the only information they can obtain in regard to land titles in their region is from Washington. It is very difficult to get that evidence from the Land Office here. During the present session I have been written to by gentlemen of the barin In State forinfor matton in rerd to tracts of and which they said they ha written for and could not.obtain, and they asked me to interfere and go to the Land office and see if I could get for them the evidence of the entry of a tract of land or the grant of a tract of land, and when ittook place and to whom it was granted. These are facts that ought to be cement able conveniently by the people who are interested. I think the hi 1 had better go over, so that we may have an opportunity to look at it a little more closely.
Mr. POMEROY. I have no objection to its going over; but I submit to the Senator hnt in a large State like Illinois, where we have reduced all the offices to one. itwill be as difficult for the people living at remote districts from Springfield to get the evidence from Springfield as to get it from Washington. They have got to write for it; and if they send to Washington they can getall the evidence in the case, while if they send to Springfield they can only get a part.
Mr. TRUMBULL. You will have to employ a great many new clerks here if they are all to by compelled to come here.
Mr. POMEROY. I have no objection to the bill goin over.
Mr. GRIMES. I call the attention of the chairman of the ComPubLands to the phraseology of this bill. from which, if I understand it, nobody can tell whether it. apnlies to a State like lUine is, where there is on y one district, or to a State like Iowa where there are several. it is very initrtificiall y dmwn, it seems to me, and ought to be redrnfted.
Mr. POMEROY. It is drawn precisely to leave the discretion in the SecyInterior to judge whether a district should be discontinued or not.
Mr. POMEROY. Any district in any State. That is the meaning of it.
Mr. GRIMES. Then, as I understand it, ifthe ComrGLO chooses to discontinue one of the districts in the State of Iowa, all the archives in regard to that district are to be transferred here.
Mr. POMEROY. No, sir, that is not the bill.
Mr. POMEROY. Where 2 districts are consolidated into one in a State they remain in the State; but when the land offices are closed out in a State then the bill provides that the archives shall be sent to Washington.
Mr. GRIMES. It is very likely that is the intention of the ComPubLands, but that is not what the bill will accomplish it it should be enacted into a law.
Mr. CONNESS. I wish to say to the chair man of the ComPubLands, while this bill is up, as it will be further considered at another time, that there is another difficulty connected with this subject, which ts, that if these records come to the Land office here, they will come under the operationof an existing law by which the Land Office is authorized to charge 15 cents a folio for transcripts of records, which they are asked for, and which are so often needed, and they cannot be obtained without the payment of that sum. The committee should take that proviion into consideration, because it is a grievous tax on the public which ought not to be permitted to remain, and it should not be extended by a bill of this kind to bring other records subject to it. Recently, in a case at the Land office. wherea decision was made against one of my constituents, and he was required to file his appeal within a given time, to get the evidence upon which he might make up his case, he was asked to ay 15 cents a folio, when I was compelle to say that I would call for the evidence and papers in the case, by a resolution of the Senate, unless they were furnished: and then he ot access to the papers. I here is an existingdaw which, in my opinion, very much needs repeal or modification, subjecting the people connected with landquestions to this enormous tax. It was enacte because of the many demands that were made upon the Office with restricted clerical force, for papers: and the Government finally, in its own behalf, inflicted this enormous tax. I make this suggestion now for the benefit of the committee. so that in the further consideration of this bill that great difficult and exaction may be cured.
Mr. TRUMBULL. I think there is an existing rule I know there was at one time Li the land Dept, which prevented the furnishing of copies of apers there except upon affidavits. I do not Enow whether there was a law on the subject or not; but I know that at one time the ComrGLO refused to furnish transcripts from the records unless certain affidavits were filed. If apart desirous of purchusing a tract of land wrshe to ascertain whether it could be safely purchased, it was clogged, before he could get the transcripts of the entry of the land or its grant by Government, with impediments which wereverymuchin the way of the transferof land. I do not know whether that rule exists now, but I am quite sure that it did some years ago.
Mr. POMEROY. It has been modified by the law to which the Senfrom California has referred. Parties may now have transcripts by aying 15 cents a folio for them. The difficulty which the Senator suggests was modified b the law to which the Senfrom California has referred.
Mr. CONNESS. I suggest that it needs further modification.
Mr. WILSON. I thought it was understood that this bill was to go over for further consideration.
The PRESIDENT protempore. There has been no motion to that effect as yet.
The PRESIDENT prolempore. It is moved that the further consideration of this bill be postponed until tomorrow. The motion was agreed to. INTERNATIONAL OCEAN TELEGRAPH.
Mr. CHANDLER. Isubmit the followrn report from a committee of conference, an as tor action upon it now: The committee of conference on the disagreein votes of the 2 Houseson the bill (S.No. 26)entitle “An act to encourage telegrn hie commimication between the U.S. an the island of Cuba and other West. India islands, and the Bahamas." having met, after full and free conferencethey have agreed to recommend and do recommend, to their respective Housesas follows: hat.the Senate agree to the 1st amendment of the HoRepto the bill, and that it agree to the 2nd amendment of the House with an amendment as follows: at the end of the amendment insert the words. “subject. however. to the power of congresstoalter and deterinines aid rates:" and that the case agreeto the same. Z. CHANDLER L. M. MORRILL, ManagerJsOHN CONNESS. onthepart of the TCIHIOAMRALS D. ELIOT asONEILL, NELSON TAYLOR Manager: on the part of thelfotue. The report was concurred in. SARAH s. PICKELL.
Mr. JOHNSON. Some time since I made a motion to reconsider the vote of the Senate on the bill (H.R.No. 458) granting a pension to Sarah E. Pickell. I move to take u that motion now with a view to refer the bil back to the ComPensions. I do this at the request and with the concurrence of the chairman of that committee. The motion was agreed to.
The PRESIDENT protempore. The question now is on the motion to reconsider the vote of the Senate postponing the bill indefinitely. The motion was agreed to.
The PRESIDENT protempore. It is now moved that the bill, with the accompanying apers, be recommitted to the Committee on EHSIOHS. The motion was agreed to. MILITARY ROAD IN OREGON.
Mr. NESMITH. I move to take up Senate bill No. 99. The motion was agreed to; and the Senate. as in ComWhole, proceeded to consider the bill (S.No.99) grant ing lands to the State of Oregon to aid i the construction of a military road from A any, Oregon, to the eastern boundary of said State. To aid in the construction oiu militar wagon road from Albany, Oregon, by way 01 Cargon City and the most feasible pass in Cascade range of mountains, to the eastern boundary of the State, the bill proposes to grant alternate sections of public lands, designated by odd numbers. for 3 sections in width on each side of said road. The lands granted are to be exclusively applied to the construction of the road, and to be disposed of only as the work progresses and all lands heretofore reserved to the U.S. by not of Congress or other competent authority are reserved from the operation of the act, except so far as it may be necessary to locate the route of the road through the same, in which case the right of way is granted.
Mr. CONNESS. I call the attention of the Senfrom Oregon to one of the provisions of this bill, which is the grant of the right of way through any reservation for military or other purposes, without subjecting that grant to the approval of anybody whatever hereafter. It. would authorize the company to locate the road so as to destroy a reservation for military or other uses; they might run through the heart of it. I apprehend that is not contemplated, and yet it may bedono under this provision as it stands. I suggest that it be amended so as tosubject the grant of the right of way through public reservations to the approval of the Dept to which the reservation may belong, as the Interior or War Dept.
Mr. NESMITH. I suggest to the Senate that the simple grant of right of way cannot very well interfere with any reservation. It does not give any of the land of the reservation for an purpose, but simply the right. of way. Ilia CONNESS. I am aware of that, but the right of way might destroy a military reservation.
Mr. NESMITH. I do not see how that could result simplyfrom aroad passing through it.
Mr. CONNESS. It might run through a militarv 0st.
Mr. I) MERCY. It has been usual to put in that the right of way is granted subjectto the approval of the POTUS, and then he refers it to the proper Dept.
Mr. NESMITH. I have no objection to a provision of that sort.
Mr. POMEROY. I suggest to add to the 1st section of the bill “ subject to the approval of the Presideut of the U.S., ” and then he will refer it to whatever Dept it comes under. I move that amendment. The amendment was agreed to.
Skip Skip The bill was reported to the Senate as amended, and the amendment was concurred in. Mr. NESMITH. There is a typographical error in the 5th line of the 1st section. it is here printed “ Cargon City;” it should be “Canyon City.” The PRESIDENT protempore. reetion will be made. The bill was orderengross for a 3rd reading, was read the 3rd time, and passed. That corSTATE DEPT.
Mr. FESSENDEN. olution, and unless it is objected to, I should like to have action upon it now: Remoer!bathe Seiiute, the HoRepe oncurring.) That t a standing committeesof the 2 Houses on Public Buildings and Grounds be instructed to in uiro and report what further provisions, if an, should be made for the accommodationof the LateDept. There being no objection, the Senate proceeded to consider the resolution.
Mr. SUMNER. I am glad that the Senfrom Maine has called attention to this subject. It has occupied something of my thoughts during this whole session. No one can visit the State Dept without seeing that the building is, it I may so express myself, on its last legs; that it wi I not continue long. It is old itself, but it must give way, as the Senator suggests, to the Treasury building; and all that space, I resume, will beneeded for the purposes of the Treasury building. The question, then, is where we shall place the State Deiartinent. I have heard it suggested that it should be transferred to the present Mansion of the President; but there is one remark to make upon that, that Mansion is not fire proof.
Mr. FESSENDEN. It can be made so, I understand.
Mr. SUMNER. I have heard that suggested and still again I have heard it doubted. I merely throw that out as something which of course the committee or the authorities who have it in charge must most.carefully consider, for we should all start with the idea that the State Dept must be placed in a fire proof building. There are all the archives of the Government from the beginning except some few, and they are in reasonably good preservation. There are also the original treaties, and with regard to these I have often thought my self, and have sometimes thought of introducing a JtResolution to that effect, that it would be advisable to have them transferred to the mu seum at the Patent Office. They are essentially curiosities. As they are now published in the Statutes at Large. they are not of essential importance as records, but they are very curious, for instance, fbr a visitor or a traveler who comes to Washington. They ought, however, all will see, to be in some place that is fire proof. I therefore assume thatt e building which we shall have must be tire proof, and the practical question will be, whether the Presidents Mansion could be put in such condition. I do not know whether it could or not; but if it could, it certainly would be very favorable for the purposes of the State Dept, central, accessible; but as the Senfrom Maine says, that of course would entail the building of a Mansion for the President himself. I think all have foreseen that we must do that very soon, and I am very glad that attention is called to the question. The resolution was agreed to. PACIFIC RAILROAlF SIOUX CITY BRANCH.
Mr. HOWARD. I move to take up Senate bill No. 109, relating to the Sioux City branch of the Pacific railroad. The motion was agreed to; and the Senate resnmed the consideration of the bill (S.No.109) to rese ind the order of the President desig nating the Sioux City and Pacific Railroad company to construct the branch of the Union Pnci c railroad from Sioux Cit; the ending question being on the amendment of Mr. Games.
Mr. SUMNER. I see that the Senfrom Iowa [Mr. Knurwooa] who was to speak on this question when it was last up is not now in his seat. I remember perfect y well he was about to speak because we had a little conference on the subject. He is not now in his seat.
Mr. HOWARD. Imentioned to him yesterday that I should call it up at the 1st opportunity.
Mr. SUMNER. Perhaps he did not expect it before next week.
Mr. HOWARD. I do not know how that may be.
The PRESIDENT protempore. The pends in amendment will be read.
Mr. GRIMES. The amendment is to strike out all after the enacting clause. I suggest to the Senfrom Michigan that he let the bill lie over until my colleague shall be present.
The PRESIDENT protemporc. Does the Senator move to postpone the further consideration of the bill!
Mr. GRIMES. I suppose the Senator will not ress it in m colleagues absence.
Mr. GRIMES. I understood he did. have not had any conference with him since the bill was under consideration before; butI understand the Senfrom Massachusetts has had.
Mr. SUMNER. I have had; and he told me he should a cak.
Mr. GRIMES. I move to postpone the further consideration of the bill until tomorrow. The motion was agreed to. JOHN ERICSSON.
Mr. ANTHONY. I move that the Senate proceed to the consideration of Senate bill 0. 274. The motion was a d to; and the bill (S.No.274) for the relief of John Ericsson was read the 2nd time, and considered as in ComWhole. Its purpose is to direct the SecyTreasury toity to John Ericsson the sum of $13, 930 in tiill for his services in planniu the U.S. war steamer Princeton, an planning and superin tending the construction of the machinery of that steamer.
Mr. CONNESS. I should like to hear some exlanation of the bill.
Mr. ANTHONY. The Senfrom California desires some explanation. I will make it very briefly. This is the compensation awarded by the Court of Claimsto Jo n Erics son for his services in planning the steamer Princeton. The bill is accompanied by alengthy report from the Court of Claims. The committee have examined the case and have no doubt of the justice of the claim.
Mr. ANTHONY. Mr. Ericsson has been too busy in building a navy for us to press it himself here.
Skip Skip The bill was orderengross for a 3rd reading, was read the 3rd time, and passed. USE OF THE BALL. Mr. DIXON. I wish to enter a mtRtv the Senate yesterday rejected the resolution granting to Mrs. Walling the use of the Chamber.
The PRESIDENT protemporetion will be entered. JOSEPH soon.
Mr. RAMSEY. I move to proceed to the consideration of Senate JtResolution No.71, a small resolution referring some papers to the Court of Claims. The motion was agreed to; and the JtResolution (S.R. No. 71) referring the petition and papers in the case of Joseph N ock to the Court of Claims was read the 2nd time, and considered as in ComWhole. By its provisions the claim of Jose h Nock for damages occasioped by the annument of his contract for furnishing locks and keys for the use of the U.S. mail, and also for the The mo use of Nocks patent in the manufacture of mail locks subsequent to such annulment, will be referred to the Court of Claims for its decis ion, in accordance with the principles of equity and justice; but the courtis not to render judgment for a greater sum than is contained in the report of Solicitor Comstock to the Senate, dated December 22, 1852. The JtResolution was reported to the Senate without amendment, orderengross for a 3rd reading, read the 3rd time, and passed. WESTVIRGINIA MILITARY CLAIMS.
Mr. VANWINKLE. I ask that the report of the Military Committee in this case beread.
Mr. FhSSENDEN. I may be mistaken, but I thought from the reading that the aprepristion in the bill was something over 600,000 dollars.
Mr. VANWINKLE. 368,000 and some odd dollars.
Mr. FESSENDEN. What is the total appropriation?
Mr. NESMITH. 368,548 dollars and 37 cents.
Mr. FESSENDEN. I understood it to be read $600,000. I will inquire, for I did not hear the details of the bil read, whether it is guarded with regard to the rates of payment of these troops, so as to bring it within military rules and the rules of the Dept.
Mr. VANWIN KLE. The sum that has been paid to these companies is but 13 dollars a month. That is to pay them for their time. Then there is a small charge, not amounting to $5,000, for subsistence furnished by the State to these troops. Then there is acarge for a company which, while drilling for the 1st time, I believe, were surprised and carried off 68 in number, of whom 45 perished in the prisons of the South. The State paid those men from the time of their capture until their death or release from captivity at the same rate, 13 dollars a month.
Mr. FESSENDEN. The Senator did not understand me. I inquired if there was any provision by which the rates would be brought within the principles established by the War Dept.
Mr. NESMITH. With the permission of the Senfrom WestVirginia, I will state that the 4th section of the bill provides Thatin the adjustment ofaccounts under this act, the commissionershall not allow for any expenditure or compensationfor serviceat a rate renterthan was at the time authorizedbytholnws of to U.S. in similar cases. That fixes the amount in relation to that. Then the 3rd section provides: That in making up said account, for the convenienceof the accounting officers of the Government, the commissioner shall stateseparately the amounts expended respectively for enrolling, cquipping, arining subsisting, transporting, and paying said troops, and from the nzgregats amount he shall deductthe amount oi dircottax due by the said State to the U.S., under the not entitled “An act to provide increased revenue from imports, pay interest on the pnlblip debt, and for other pip poses, ”approved August 0, 86this claim was referred to me by the ComMilAffr for investition, and I took very great pains to examine into all the details in connection with it. I examined the vouchers and the statements of the officers of WestVirginia. The vouchers were very much in detail. I had not an opportunity O exam ining them all, but they were made out on blank forms furnished by the War Dept; and I must say that I have never examined a set of papers which appeared to be more carefully made out and more perfect in all their details.
Mr. FESSENDEI. I am entirely satisfied. The object of my inquiry was simply to find out whether the case was brought within the ordinary rules of the service.
Mr. DOOLITTLE. I suggest that the language should be, “in ordinary cases as if the same troops had been mustered into the service of the U.S. ”
Mr. HENDERSON. There is no necessity for that. The Senator will see in the 2nd section that it is sufficiently guarded in that point. There can be no allowance underthis bill for troops that were not called out by the U.S. commanders, or did not perform service under them. If the Governor called out troops they are not to be paid. I think the bill is correct and ought to be passed. I think that where U.S. commanders called out the militia of any State and forced them to do service, and then required the State to pay those troops, the General Government on ht to ay the State. It is nothing but just to WestVirginia; and with the amendment I have an ested, I think the bill ought to pass. The wor s “said report ” in the 6th line of the 5th section should be changed to “their reports; ” so as to read, “and if from their reports it shall appear; " and then the bill Will be correct. I
The PRESIDENT protempore. It is moved to amend the bill by inserting at the end of line 5 of section 5, the words, “who shall cause the same to be examined by the properaccounting officers of the Treasury, and said officers shall audit the accounts as in ordinary cases;” and in line 6 by striking out the words “said report" and inserting “ their reports.” gdr. POMEROY. The bill in relation to Kansas, I believe had the same provision in it; I think it ought to be in at any rate. I do not know but that all the bills on this subject have had the same provision.
Mr. DOOLITTLE. The language of the Kansas bill was that they were to be paid “ as if the had been mustered into the service of the [IYU.S. " The onlyquestion which arose in my mind was whether the officers of the Treasury, who are veryactcoocuhnntiipg as to the law, would raise any question about their not having been actually mustered into the service of the U.S.
Mr. POMEROY. I think this amendment embodies substantially the same thing.
The PRESIDENT protempore. The question is on the amendment of the Senfrom Missouri. The amendment was agreed to.
Skip Skip The bill was reported to the Senate as amended and the amendment was poncurrsd in.
Skip Skip The bill was ordered to be engrossed fer a 3rd reading, was read the time, and passed. postoffice APPROPRIATION BILL.
Mr. POLAND. I offer the following order, and ask for its present consideration: Ordered.That the Secretary be directedto request the HoRep to return to the Senate the bill (H.R.No. 280) making approprintions for the serviceof the postOllice Dept.during the fiscal year ending June 30. 1867 and for other purposes. which passed the Senate with amendments and was sent to the HoRepfor its concurrence in the said amendments. There being no objection, the Senate proceeded to consider the order.
Mr. POLAND. To reconsider the postoffice appropriation bill.
Mr. SHERMAN. such an order, I believe, is always agreed to, as a matter of course, so as to allow a Senator to exercise his privilege of moving a reconsideration.
Mr. SUMNER. Might we not meet the question now?
Mr. SHERMAN. I am perfectly willing to meet it today if the bill comes back at once.
Mr. SUMNER. Might we not meet it now on this motion?
Mr. SHERMAN. I think not; that is unusual. If the Senator should move a reconsideration, I should like to have it disposed of tO day .
Mr. SUMNER. I only make the suggestion with a view to the economy of time, that we should not call the bill back needlessly. If on this proposition the Senfrom Vermont will state the grounds on which he desires a reconsideration,we might then act on his proposition, and practically pass upon the question of reconsideration.
Mr. MORRILL. But in the mean time they mightpet upon the bill in the HoRep.
Mr. POLAND. I supposed that this motion was always agreed to as a matter of course.
Mr. JOHNSON. The honorable member from Vermont might lose the privilege which our rules give him of moving to reconsider unless we get the bill back s eedily. The House may pass upon it, and there would be an end of it.
Mr. POLAND. I am not very familiar with the course of business in the Senate, but I understood that a resolution of this sort was always passed as a matter of course prior to a reconsideration. 4 The order was adopted.
Mr. SHERMAN. The motion to reconsider, if enteredat all, must be entered today under the rules.
Mr. SUMNER. The Senfrom Vermont did not state the grounds of his motion to reconsider, or does he merely give notice of such a motion 7 v
The PRESIDING OFFICER. (Mr. CLARK in the chair.). No motion to reconsider can be entered until the bill is returned from the House; and debate is out of order.
Mr. POLAND. Isupposed it was notproper to move to reconsider until the bill was returned. I will then state the grounds on which I shall make the motion.
Skip Skip MESSAGE FROM rus 30053. A message from the HoRep. by Mr. Melnsnsox. its Clerk. announced that the House had passed the bill (S.No.155) concoming the boundaries of the State of Ne vada, with an amendment; in which it requested. the concurrence of the Senate. The message further announced that the HoRep had passed without amendment the bill (S.No.74) for the admission of the State of Colorado into the Union. The message also announced that the HoRep had passed the followin bills and JtResolution; in which it requests the concurrence of the Senate: A bill (H.R.No. 179) amendatory of the organic act of Washington Territory; A bill (H.R.No. 202) to amend an act entitled “ An act to provide a temporary government for the Territory of Montana, ” approved May 26, 1864; and A JtResolution (H.R.No. 32) to facilitate communication with certain Territories. BOUNDARIES OF NEVADA.
Mr. NYE. I ask the Senate to take up the bill (S.No.155) concerning the boundaries of the State of Nevada, which has just been returned lrom the HoRep with an amendment, with a view of concurring in that amendment.
Mr. SHERMAN. I should like to hear what it is about.
Mr. NYE. It is a simple amendment added by the House to our boundary bill, reserving the rights of those who have located mines in the territory about to be incorporated into Nevada. The motion was agreed to; and the Senate proceeded to consider the amendment of the HoRep, which was to add at the end of the bill the following: Avid gravideti further, That all possessory rights acquire by citizens of the U.S. to minin! claims. discovered.located.an oflRlfllllly recorded in compliancewith the rules and regulationsadopted by mipera in the Pub Raniuzator other mining districts in the Territory incorporated by the provisionsofthls notinto the State of Nevada, shall remain as valid subsisting mininl claims: butnothing herein containedshall bose construed as granting ii title in feetn any mineral lands held by possessory titles in themining Statesand Territories.
Mr. WADE. I hope that amendment will be concurred in. The amendment was concurred in. interstate INTERCOURSE.
Mr. SUMNER. I move that the Senate proceed to the consideration of House bill No. 11. The motion was agreed to; and the Senate, as in ComWhole, resumed the consideration of the bill (H.R.No. 11) to facilitate commercial, ostal, and military communication among the several States.
Mr. MORRILL. Whilc the Senator is upon that point, I Will ask him if he recognizes the principle in the Delaware case, the case of Vilson vs. The Blackbird Creek Compan, where the court settled that the power inight be exercised by the States if jurisdiction had not been taken by the U.S., and that to that extent it was concurrent.
Mr. HOWARD. It 18 some time since I examined the Blackbird creek case to which the Senfrom Maine alludes; but I think upon a careful perusal and constderation of that case he will find that no such conclusion can be drawn from the rulings of the court. If the Senator Will haie the goodness to look at the comments upon the rulings in the Blackbird creek case, to be found in the passenger onves. hewill discover that the Supreme Court in the latter cases did not so construe them. There were some peculiar circumstances connected with the Blackbird creek case which have no real relation to the question now under consideration.
Mr. MORRILL. As the Senator says the facts are not fresh in his recollection, he will allow me to state that that was a case of navi gable waters open to the sea in the State of Delaware. The State of Delaware. through her Legislature, had exercised the right of dnin ming that creek, and that raised the question of jurisdiction. The Su ireme Court held that although it was navignble water and open to the sea, and undoubtedly on general principles would be. within the jurisdiction of the U.S., still as the U.S. had not exercised authority over it, the State might not improperly exercise such authority, and her authorit would be good and valid until the U.S. did intervene. I think I recollect distinctly the case.
Mr. MORRILL. Then I will ask the lion orable Senator to give a little further attention to that particular provision, and he will find that it is accompanied with a statement that it is in lieu of all taxation; they are to pay that in lieu of taxes; that is the consideration.
Mr. HOWARD. That does not change the principle at all. Whatever may be the consideration passing to the State or to the company for this provision in the charter, the charter itself imoses upon the company in form, but really and in effect upon the passenger who travels, the sum of ten cents as a State tax, to be paid into the treasury of the State of NewJersey. “A rose by any other name would smell as sweet, " it is a tax in intention, in essence, and in practice.
Mr. KIRKW OD. Iwish, with the permission of the Senfrom Michigan, to understand this matter aright. As I understand what the Senfrom Maine and the Senfrom Michigan say, in point of substance, the entire tax i ue from the company to the State is levied upon the passengers. The tax on the passengers, as I understand the Senfrom {nine to say, is in lieu of all State taxes, so that the entire tax levied by the State upon the company is really levied upon passengers traveling from one State to another.
Mr. MORRILL. I do not wish to interrupt the Senfrom Michigan, but if he will permit me, on that point, desire to say that it is aI great deal broader than the Senator supposes. understand, treating this charter now in the nature of a contract between the State and the company, to encourage the company to enter upon this work, the State say, we grant you this exclusive right to carry these passengers, and ifyou perform the conditions on your part you shall be exempt from all taxation, city, county, and townand in lieu of it on shall paya revenue of ten cents upon each passenger you carry through the State. There are other res ervations as to tonnage; but as to the item referred to, it is ten cents, and it is in lieu of taxation.
Mr. HOWARD. There is a small specific tax upon the through freight according to the same charter the through freight from NewYork to Philadelphla and vice versa; but I do not care whether this tax upon passengers and freight through NewJersey be small or great, it makes no difference asto the principle. The question of principle is, whether it is a constitutional power of NewJersey to make such a discrimination among the passengers who travel and the freight which passes over its road as is here made.
Mr. MORRILL. Do I understand the Senator to assert that by the law of NewJersey is tax is laid on each person who travels over that road?
Mr. HOWARD. No, sir; I did not assert that. I say that operatively, practically
Mr. HOWARD. In reality it is a tax, although it goes, perhaps, by another name. It is perfectly immaterial by what name the rese is called; you recognize it by its smell.
Mr. MORRILL. How would it smell if, instead of a revenue of ten cents on each pas senger, it was in the shape of a tax, State, county, and town, on the company would that be the same thing?
Mr. HOWARD. It would be the same thing, undoubtedly, because it comes out of the ockct of the passenger or shipperwho usest e line of railroad. this not denied that this tax comes out of the pocket of the passenger who travels from NewYork to Philadelphia, is it? Does he not a it?
Mr. MORlgliL. He does it upon the as sumption that the company imposes it; but there is no evidence that the fare is increased by one mill by reason of this tax, audit is just as comrehensible and conclusive to argue that ifa tax adbeen imposed on the business of the company, the company, by reason of thattax, wou d have imposed an additional sum on the traveler to meet that additional tax just as conclusive, I submit to the honorable Senator.
Mr. JOHNSON. Will the honorable member read that part of it?
Mr. HOWARD. Yes, sir; I was about to do so. The bill provides that “every railroad company in the U.S. whose road is operated by steam, its successors, and assigns, be, and is hereby, authorized” to do what? Extend its road? Carry goods or passengers ultra viam, beyond the road, beyond the terminus or off the road? No, sir; but “to carry upon and over its road, connections, boats, bridges, and ferries, allpassen ers, troops, Government supplies, mails, freig t, and property, on their way from any State to another State.” Now, I ask the honorable Senator whether this is granting to a railroad company an authority to transport passengers or freight to anywhere but on and over its road.
Mr. GRIMES. Does our power go so far as to reulate the tolls?
Mr. CItESWELL. The power to build a bridge?
Mr. HOWE. The power to build a railway; not in so many words, but by the most necessary implication. There was a company authorized by the States of Virginia and Ohio to bi ild a bridge across the Ohio river, every inch of which was either in the State of Virginia or in the State of Ohio.
Mr. HOWE. Well, it was in one State or the other. The company was authorized by the laws of nState to bail abridge. AStsJ e the State of Pennsylvania complained of it as an injur to her interests, as a wrong done to her, an declared the structure to be illegal, and appealed to the SCOTUS to redress that wrong. The Supreme Court heard that complaint, pronounce that structure to be illegal, and adudged that it be abated. that it be removed. Congress enacted a law declaring that that bridge was legal, was a lawful structure
Mr. MORRILL. Will the honorable senator allow me to make a remark just here?
Mr. MORRILL. The Congress of the U.S. did nothing more than this: the Supreme Court, on an examination of the facts, had decided it to be an obstruction to the navigation of the Ohio river; and Congress, having the supreme jurisdiction of the commerce of that river, declared it was notan obstruction, it being the judge. That is all they did.
Mr. HOWE. I think it did more. I think the Supreme Court had declared that bridge to be ille al.,
Mr. MORRILL. No, sir; they declared it an obstruction. The whole case turned on the question of whether it was an obstruction to 318 navigation of the Ohio river. The court found that it was an obstruction.
Mr. HOWE and therefore not a lawful structure.
Mr. MORRILL and therefore the State of Virginia had not a right to obstruct a common highway. The Congress of the U.S. said, we have a right to say that it shall stand notwithstanding that fact. That is what they said.
Mr. CRESWELL. I propose to make a few remarks upon the pending )ill; but before on tering upon what I have to say: I desire to sug st an amendinentto the bill as itnow stands. this to insert as an additional section the following: Slo. Abife: That Congress may, at any time hereafter, alter. amend or repeal this act at pleasure.
Mr. SUMNER. There is no need of the words “at PlOltSllIC H.
Mr. HOWE. It was the Constitution that I made the hind conout of, not this bill.
Mr. CRESWELL. Very good. The Gentleman seeks by this bill to exercise the power in whole or in part. His argument was that Congress had the power, not only to prescribe terms and to confer additional franchises upon railroad corporations already existin under the authority of the States, but that congress had the rit to make railroads and, in the exercise of the power over internal commerce, to create colorations for that purpose. Now, sir, I know that I may be charge with temerity, and thatimay perhaps suI) ct myself to a rebuke from the Senfrom Wisconsin and the Senfrom Massachusetts, when I state that in my opinion the Constitution of the U.S. imposes some limitation upon the power of the General Government, and that the people who ordained and established that instrument did not thereby confer imperial powers n on the Government of the U.S. That may be a grave offense. If so, I apologize to the Gentfrom Wisconsin.
Mr. HOWE. o; the Senator does not owe me any apology. I simpl want to say that over the subject of the reguation of commerce I think the Constitution does confer on this Congress imperial power.
Mr. SHERMAN. Will the Senator allow me a word I
Mr. SHERMAN. I do not wish to disate the assertion of the honorable Senfrom Maryland as to the policy of his State, but I wish to make a suggestion now in regardto the great road of that State to which he alludes, which I think will not do him or the road or the State of Maryland any harm. I think that there are complaints and just complaints to be made against the Baltimore and Ohio railroad company, and as one of the small complaints which they ought at once to avoid, is the difficulty they interpose in transporting baggage and passengers through the city of altiine re.
Mr. CRESWELL. The Senator will pardon me; I will inform him that I am not the baggagemaster of the Baltimore and Ohio railroad.
Mr. SHERMAN. I know that; but the senator was saying that the State of Maryland and the Baltimore and Ohio Railroad company had been very liberal. It seems to me at they have not been so liberal.
Mr. CRESWELL. I spoke of the State of Maryland, not of the Baltimore and Ohio railroad
Mr. SHERMAN. You cannot speak of the State of maryland in this connection without speakin of the Baltimore and Ohio railroad.
Mr. CRESWELL. I was speaking of the conduct of the State of Maryland with reference to the promotion of the commercial interests of the nation.
Mr. SHERMAN. Then I will make another complaint against the State of Maryland. Up to this time the State of Maryland and the State of Pennsylvania for I make the complaint against both of them have stood in the way olfa railroad between Cleveland and Pittsburg and Washington city a road that must some time or other and that ought to be speedily built a road which if it had existed during the recent war would have saved this Government 2 or 3 million dollars. vI speak within limits when I say that.
Mr. CRESWELL. Does the gentleman refer to the Connellsville road?
Mr. SHERMAN. Yes; that is part of the line. I know the Baltimore and Ohio railroad has been interested in completing it from Pitts burg to a connection with their road, and thence to Baltimore. Now, the people of the U.S., and especially the people of the State that I represent, in which there is a great deal of feeling about this matter, desire the construction of a railroad from the capital of the Government through Pittsburg to the Northwest.
Mr. CRESWELL. I can only state to the gentleman that the State of Maryland, and I gelieve the Baltimore and Ohio Railroad company, are zealously aiding in that effort, and the fact is that the Baltimore and Ohio railroad, although I have no authority to speak for that company, is actually engaged in the construction of a road from the city of Washington to the Point of Rocks.
Mr. JOHNSON. My colleague will permit me to state what they are doing, as perups I know it better than he does.
Mr. SHERMAN. The other complaint is that the State of Maryland has by some means or other by legislation prevente the completion of a road up the beautiful valley in which Hagerstown lies, so as to connect in that way with Harrisburg, and there is no means of commuuication between Washington and Hor risburg by way of Hagerstown.
Mr. JOHL SON. A road is being built there now.
Mr. SHERMAN. These are matters of complaint against the Baltimore and Ohio railroad and the State of Maryland, and they are generally grouped together because it is said that the Baltimore and Ohio railroad controls to some extent the legislation of Maryland. That it is so I do not vouch for; but these are complaints constantly made by the people of my State, who, as they lie rightin the road of travel westward, feel these things more, perhaps, than any other State. I will say, in regard to Ohio, that our laws from the 1st have been extremely liberal; they allow anybody to build railroads anywhere in the State of Ohio who is willing to risk the investment. It scouts to me that rule ought to be applied to all the States. As the Senator had a luded to the policy of his own State and to the Baltimore and Ohio railroad, I deemed it but right and just to say that these complaints are general, and especially the 1st one, almost universal.
Mr. JOHNSON. If my colleague who is entitled to the floor will permit me a word, I will say that I do not know where the faul the s in regard to the absence of any arrangement about checking baggage and selling tickets through; but there has not been, unfortunately, an agreement between the Baltimore and Ohio railroad and the railroad that runs from the city of Baltimore to Harrisburg. General Cam eron has been at the head of the latter company; and either with or without cause. I do not know which l. do not pretend to decide which is to blame, if either is to blame there has been no accord between them. It is because of that difference that they have been unable to make an arrangement which it is necessnrvt tool toin order to check baggage through and tickets through. The Baltimore und Ohio railroad, however, give tickets abrough everywhere except by way of Harris urg.
Mr. SlIEltMAi. I said when I spoke before that the Baltimore and Ohio Railroad Company favored the Connellsville road; but that was resisted by the Pennsylvania Central. The other road, though, from the Point of Rocks through Hagerstown to Harrisburg, is a point about which I think Mr. Garrett is not quite so satisfactory.
Mr. CBESWEI.L. I am not prepared to furnish the gentleman with information on that subject. I am not aware, however, of any hostility by the Legislature of Maryland to the construction of a railroad from Hagerstown to the Point of Rocks; and I know that a road is now being constructed from Hagerstown cash ward to connect with the Baltimore and Ohio road, (at what point I am not prepared to say.) and that this connecting link, when completed will afford to passengers from Harrisburg and the Cumberland valley an immediate outlet by way of the Baltimore and Ohio railroad to Washington and Baltimore. That, I suppose, is the deeideratum the gentleman speaks of. There is only one other complaint; and that is in reference to baggage. Now, in regard to that, let me say that I will use my personal in fluence with the president of the Baltimore and Ohio Railroad Company I know it does not amount to much and I am sure if the gentlemans trouble in that respect can be remedied it will be done.
Mr. SHERMAN. I can tell the Senator that he will in that way do 1,000s of men and a great many very estimable ladies a great benefit.
Mr. GRIMES. The Senfrom Maine desires to address the Senate at some length, I should judge from the indications; and I therefore move that the Senate do now adjourn.
Mr. CHANDLER. I hope that motion will not prevail. I desire to have a vote on this bill if it is possible. Lt
Mr. FESSENDEN. You cannot get it to night.
Mr. CHANDLER. The Senfrom Maine [Mr. MORRILL] informed me a short time ago that he would not read all the books on his desk and he can get through in half an hour.
Mr. GRIMES. If he only reads 1/2 of them it will take a long time.
Mr. CHANDLER. I shall be glad to get a vote to night. Several SENATOBS. You cannot get it.
Mr. CHANDLER. The Senfrom Maine informed me that he should be very brief in his remarks. I could make a long speech myself, but I will omit it, as I do not. wish to occupy time.
Mr. GRIMES. The Senfrom Nevada told me that he desired to address the Senate. I withdraw the motion to adjourn for the res ent, as I understand there is some other usiness which it is desirable to attend to. postoffice APPROPRIATION BILL. A message was received from the HoRep, by Mr. MCPHERSOX, its Clerk, returning to the Senate, in comliance with the request of the Senate, the bi (H.R.No. 280) making appropriations for the service of the postoffice Dept during the fiscal year ending the 30th of June, 1867, and for other purposes, with the amendments of the Senate thereto.
Mr. POLAND. I move to reconsider the vote by which the bill making appropriations for the service of the postoffice dept for the fiscal year ending June 80, 1867, was passed. I was desired to state the reasons for moving this reconsideration. I do not propose to enter into any discussion of the subject, at merely to state in a word the ground on which I make the motion. The amendment for which I voted, and which was oliered by the Senfrom Illinois, clearly recognizes, as I think on examination, the power of the President to make removals from office, and to fill them by a pointing other persons. The amendment to this bill provides that in such cases, and where officers are removed for cause, their successors shall receive no pa. It seems to me that if we concede that the President has the right to make removals and to till the vacancies thus occasioned by the appointment of other persons. so that they are legally invested with the office, it will not do for us to say that they shall not receive the compensation which the law provides. That is revolutionary; we might as well refuse to make an appropriation to pay the salary of the President if his action does not suit as. Upon this question of the power of the president to remove Officera, this vexed question, which has always been a vexed question, I do not propose to make any argument, because I do not propose to ask to have this matter considered now. The Senfrom Missouri[Mr. Hzsnnusos] informed as yesterday that he was preparing a bill upon the general subject of the power of removal from office. I desire that this motion to reconsider shall lie on the table until we may have his bill before us, and see whether it will not remove the difficulty. I submit the motion to reconsider, and ask that it he on the table for the present.
The PRESIDING OFFICER. The motion to reconsider will be entered.
Mr. SHERMAN. Before the Senate adjourns, I ask that the motion to reconsider made by the Senfrom Vermont. [Mr. PoI.ANn] together with the hill to which it pertains the postoffice appropriation bill lie postponed until Monday, at one oclock, and made the special order then, so that we may dispose of it on that day.
Mr. FESSENDEN. There is no objection to reconsidering it.
Mr. SHERMAN. I hope, then, that the motion will be now acted on and then let the bill be postponed until Monday.
Mr. SUMNER, and others. Why not act now?
Mr. SHERMAN. I move to take up the morion to reconsider the postoffice aproppriation bill entered by the Senfrom Vermont. The motion was agreed to.
Mr. SHERMAN. I hope the vote will be taken on the reconsideration, and then.
The PRESIDING OFFICER. T he question is on reconsidering the vote by which the bill was passed. The mtR agreed to.
The PRESIDING OFFICER. It will be necessary to reconsider the vote ordering the amendments to be engrossed and the bill to be read a 3rd time. The reconsideration was agreed to.
Mr. SHERMAN. Now I move that the further consideration of the bill be postponed to and made the special order for Monda next, at one oclock, unless the Senate is will):ing to dispose of it now. [“ Yes.”] I should like to have it disused of now. [“No.”
Mr. JOHNSON. A great many Senators have left the Chamber. Nobody expected it to come it.
Mr. SHERMAN. I have no objection to its going over.
Mr. POLAND. I refer it to lie until the bill proposed by the Senfrom MissourI shall be brought in, and I understand from him that he proposes to offor the bill early in the coming week. I do not wish to name any fixed day.
The PRESIDING OFFICER. the question is on the motion of the Senfrom Ohio to postpone the consideration of the bill until Monday, and make it the special order for that day at one oclock. The motion was agreed to.
###HOUSE OF REPRESENTATIVES. Tnuasmr, May 8, 1866. The House met at 12 oclock to. Prayer by the Chaplain, Rev. C. B. Bovxros. The Journal of yesterday was read and approved. CORRECTION or THE JOURNAL.
Mr. MYERS. I rise to a privileed motion, to correct the Journal. I find in the proceedings ofyesterday, as stated in the Globe, my name is recorded among those not voting on the Arm bill. I voted against it.
The SPEAKER. The Journal will be corrected accordingly. PERSONAL EXPLANATION.
Mr. McKEE. I rise to a personal expla nation. I wish to state that on the vote yesterday on the Army bill I voted under a misapprehension. Some gentleman had made a motion to lay the bill on the table, and I supposed I was voting on that motion, and there ore I find mvself recorded as voting for the bill. I intended to vote against it.
Skip Skip LEAVE OF ABSENCE. Mr. BAKER asked and obtained leave of absence for his colleague, Mr. Coos, for 3 days, including yesterday. Mr. TAYLOR asked and obtained leave of absence for his colleague, Mr. J. M. Hustrnnsr, for 2 weeks. Mr. LAWRENCE. of Pennsylvania, asked and obtained leave of absence for his colleague, Mr. Moonnnzm, for 4 days. Mr. BINGHAM asked and obtained leave of absence for Mr. Hunamn, of Connecticut, for one week. REORGANIZATION OF THE ARMY.
Mr. SCHENCK. Mr. Speaker, the 1st business in order this morning is the motion to lay on the table the motion to reconsider the vote on the Army hill.
Mr. WRIGHT. I ask the Gentfrom Ohio [Mr. Sonnse x].to allow me to modify the motion that I made yesterday. I made the mtRtv the bill had been rejected, and to lay that motion on the table. I did it with no unkind fecling toward the friends of the bill, but I think it requires a little more consideration, and with the permission of the House I will withdraw mv motion to reconsider and move that the bill be recommitted to the ComMilAffrs, in justice to the chairman.
The SPEAKER. Before the bill can be recommitted the vote by which it was rejected must be reconsidered.
Mr. WRIGHT. I withdraw my motion to lay on the table. I
The SPEAKER. That leaves the motion to reconsider ending.
Mr. SCHENCK. My purpose in rising was to give notice that if the case should reconsider the vote by which the bill was rejected, I myselfwould move to recommit. I demand the previousquestion on the motion to reconsider.
Mr. CHANLER. Is it in order to move to lay that motion on the table?
Mr. WRIGHT. The effect will be to kill that bill entirel.
Mr. CHANLER. I demand the yeas and navs on the motion to lay on the table.
Mr. SCHENCK. If the motion to recommit should prevail I would also move to print the bill in the form in which it passe the House with the amendments.
Mr. CHANLER. It is not debatable. The demand for the ycas and Days was not 2nded.
Mr. CHANLER. I call for tellers. Tellers were refused.
Skip Skip The question being taken on the motion to lay the motion to reconsider on the table, it was disagreed to. the question then recurred on 2nding the demand for the previous question on the mtRtv the bill was rejected. The previous question was 2nded and the mainquestion ordered; and under the operation thereof the mtR agreed to. the question then recurred on the passage of the hill.
Mr. SCHENCK. I now make the motion, orrather the Gentfrom NewJersey [Mr. Wnionr] has made the motion, to recommit. I suggest that he accompany the motion With another, that the bill as amended be printed.
Mr. WRIGHT. I will make that motion also.
Mr. ROSS. Is it in order to move to add instructions?
Mr. ROSS. I move that the committee be instructed to report back an Army organization not exceeding 35,000 men.
The SPEAKER. The gentleman will reduce his motion to writing.
Mr. SCHENCK. I demand the previous question on the motion to recommit and the motion to add instructions.
Mr. ROSS. I have now reduced my proposed instructions to writing, as follows: That the committee be instructed to report a bill for an Army not to exceed 35,000 mon. I demand the yeas&nays on my motion.
Mr. SCHENCK. I withdraw the demand for the previous question simplyfor the purpose of calling the attention of the House tot c fact that the proposition of the gentleman to reduce the Army to 35,000, if it were to prevail, would reace the Army below its present maximum, 43,000. I trust that there will be no instructions given to the committee. I renew the demand for the previous question.
Skip Skip The previous question was 2nded and the main question ordered; the question being 1st a on Mr. Rosas motion to instruct the ComMilAffairs.
Mr. WRIGHT. but would be the effect of moving to lay that motion on the table? The S EA ER. It would carry the bill with it. The yeas&nays were not ordered.
Skip Skip The question was taken on Mr. Rosss motion, and it was disagreed to. The question recurred upon the motion to recommit the bill to the ComMilAffrs and order it.rinted; and being put, the motion was a eed1to. Mr. SCHENCK entered a mtRtv the bill was recommitted. EMPEROR OF RUSSIA.
Mr. STEVENS. I ask the unanimous consent of the House to introduce a resolution relative to the recent attempted assassination of the Emperor of Russia. The resolution was read, and is as follows: Resolved by the Senaleand HoRep the U.S.A. in Congress assembled, at the Congress of the U.S.A. has learned with deepregret the attemptmadeupon the life of the Emperor of Russia by an enemy of emancipation. The Congresssend their greeting to his Imperial Maiesty and to the Russian nation, and congratulate the 20 million serfs upon the prov idential ese apefrom dangerof the sovereign to whose head and heart they owc the blessings of their freedom.
Mr. ROSS. I move to refer that resolution to the ComForAffrs.
Mr. CHANLER. I move to insert after the words “head and heart” in the resolution, the words “under God.” The Emperor of Russia is the head of the Greek church and there ought to be some recognition of the divine power in this resolution.
The SPEAKER. The resolution is not before the House. Is there objection to the introduction of the resolution?
Mr. ROSS. I object unless it is to be referred to the ComForAffrs.
Mr. STEVENS. I withdraw the resolution until one man who is in favor of assassination cannot obstruct it.
Mr. CHANLER. I rise to a question of order.
The SPEAKER. The gentleman will state his question of order.
Mr. CHANLER. It is that the reasons of the gentleman for withdrawing the resolution Were not stated so as to be heard here, and evidently had a bearing upon the action of the House.
The SPEAKER. The Gentfrom Illinois [Mr. Ross] objected to the introduction of the resolution, and that objection prevents the resolution coming in. The Gentfrom NewYork was not recognized as objecting. PRINTING OF TESTIMONY.
Mr. BOUTWELL, from the ComReconstruction, reported evidence in reference to the State of Georgia; which was laid upon the table, and ordered to be printed.
Mr. BOUTWELL ineve that the same number of extra copies be printed as of the testimony heretofore reported by the same committee; which motion was reerred, under the law, to the ComPrintg.
Mr. CONKLING, from the same committee reported testimony in relation to the States O Virginia, NCarolina, and SCarolina; which was laid upon the table, and ordered to behprinted.
Mr. CONKLING moved that the same number of extra copies be printed as of the testimony heretofore reported by the same committee; which was referred, under the law, to the ComPrintg. COMMERCE llTiI MEXICO.
Mr. JULIAN, by unanimous consent, introduced the following resolution: Resolved. That the SecyTreasury be instructed to communicate to this House any information hemay have concerning discriminations made by the so calied Maximilian government of Mexico against American commerce or against commerce from particular American ports.
Mr. RAYMOND. I suggest to the gentleman that he call upon the President and not the SecyTreasury for this information. That is the usual form, and I believe the only form in which the headof a Dept can respond. I make that suggestion for his consiideration.
Mr. JULIAN. I will modify the resolution in that way. The resolution, as modified, was agreed to. CLERK FOR ComAg.
Mr. BlDWELL, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Resolved.That the ComAg he allowed a clerk, at the usual compensation, for such length of time as the chairman may deem necessary. in order to make a en reliil investigationof the expendituresand administration of the Dept of Agriculture. MURDER or NCAROLINA UNION SOLDIERS.
The SPEAKER laid before the House a communication from the SecyWar, transmitting, in compliance With a resolution of the House of April 16, 1866, the report of the Judge Advocate General in regarito the murder of certain Union soldiers belonging to the 1st and 2nd NCarolina loyal infantry; which was laid upon the table, and ordered to be printed. ORDER OF BUSINESS.
The SPEAKER. The regular order of business for the morning hour of this day is the consideration of reports from the ComTerritor.
Mr. ONEILL. Does not the unfinished business of the Patent Office Committee come up this morning?
The SPEAKER. It does not; that, business will come u when there is another morning hour for puiilic business, when the Committee fin Patents will be entitled to another morning our. signed, by order of the House on the 13th of April, to the consideration of reports from the ComTerritor. TERRITORY OF MONTANA.
Mr. ASHLEY, of Ohio. from the ComTerritor, reported back House bill No.202, to amend an act entitled “An act to provide a territorial government for the Territory of Montana, ” it proved may 26, 1864, with an amendment in the nature O a substitute. The amendment was read, as follows: Strike out all after the enactingclause and insert: hat tholGovernor of the Territory of Montana be, and he is herebiv. authorised on and after the 1st day of September 866.to reapportion said Territory for the election of the Counci and HoRep: Providrd, Thatsaid apportionments all be based on such an enumeration of the qualified electors of the several counties as shall appearfrom the election returns in the office of the secretaryof the Territory and from such other sourcesof information as Win enable the Governor, without taking a new census, to makean apportionment which shall fairly represent the people of the several countiesin both Houses of the legislative Assonibly of said Torritory; and the Legislative Assemblyelectedin pursuanceof this act shall provide by law for the elec ti onof aCouncil and HoRep as directedin the act of which this actis an amendment. Sac. 2. Abife: That the acts of the socalled Legislative Assembly elected without authority oflitw, and in pursuance of the roclamation of the acting Governor, which met an be an its sessionin the city of Virginia on the 5th of arch, 1866, be, and the samqare hereby, declared disapproved and null and void; and no money now appropriated, or which may hereafter be appropriated. by the Congressof the U.S. for do praying the The morning hour of this day was as expensesof the territorial government of Montana shall ever be paid to any person claiming to have been electedto the Council and HoRep of the Legislative Assembly of said I ritory for services as membersor officersthereof.at thesession begun and held as aforcsaid or to defra the expensesincurred by and Legislative Assembe for any purpose.
Skip Skip Mr. ASHLEY, of Ohio. I call the previous question on the bill and amendment. The previous question was 2nded and the main question ordered, which was upon agreeingto the substitute. he question was taken; and the substitute was agreed to. The bill, as amended, was then orderengross and read a 3rd time; and engrossed, beipg it was accordingly read the thi time and passed. Mr. AS LEY, of Ohio, mtRtv the bill was passed; on the table. Agreed to. BOUNDARIES OF NEVADA.
Mr. ASHLEY, of Ohio, from the ComTerritor, reported back Senate bill No. 155, concerning the boundaries of the State of Nevada, with an amendment. The bill was read. The 1st section provides that, as provided for and consented to in the constitution of the State of Nevada, all that territory and tract of land adjoining the present eastern boundary of the State of Neva a, and lying between the 37th and the 40 2nd degrees of north latitude and west of the 37th degree of longitude west of Washington, shall be added to and made part of the State of Nevada. The 2nd section provides that there shall be added to and made a part of the State of Nevada all that extent of territory lying within the following boundaries, to wit: commencing on the 37th degree of north latitude, at the 37th degree of longitude west from Washington, and running thence south on said degree of longitude to the middle of the river Colorado of the West; thence down the middle of said river to the eastern boundary of the State ofCalifornia; thence northwesterly along said boundary of California to the 37th degree of north latitude; and thence east along said degree of latitude to the point of beginning; provided that the territorymentioned in this section shall not become a part of the State of Nevada until said State shall, through its Legislature, consent thereto. The amendment was read, as follows: Add to the 2ndsection the following proviso: Provided further, That the possessoryrights m qnired by citisens of the U.S. in mining claims discovered.located.andoriginally recorded in compliance With the rules and reulations adopted by mine rs in the Pub Ranagat another mining distriots in the territory incorporated by the provisions of this not into the State of Nevada. are hereby declared to bevalid subsisting mining claims: but nothing herein contained shall be so construed as granting a title in fee to any mineral lands hold by possessory titles in themining States and Territories.
Mr. KASSON. I would inquire if this act would make the titles to these mining claims any different from what they would be if this act should not 1888
Mr. ASHLE, of Ohio. In the Territory of Utah, where it is supposed this Pah Ran district is situated, there is no law regarding mining claims and if this bill should pass without the amendment preposed by the committee, as soon as the information should reach the district the mines now located there would be liable to have their claims jumped by persons who would at once enter them under the mining law of Nevada and it is proposed that the possessory right to those claims shall remain the same as if they had been orinally discovered in Nevada; but they are not erehy to have the title in fee.
Mr. KASSON. Mr. Speaker, I concur entirely in the propriety of the object which it is desired to accomplish; but I fear that the manner in which it is proposed to be accomplished will interfere with any legislation that this congress may determine upon touching the validity of those mining claims, unless the gentleman will consent to have the amendment so modified as to provide that the titles shall remain as valid as if this transfer of jurisdiction were not made. If the gentleman will consent that the amendment shall be put in that form, it will be safe; but it now declares that those titles shallbe valid; and I fear that if the amendment be adopted in its present form it may stand in the way of legislation which we may hereafter desire to enact.
Mr. ASHLEY, of Ohio. If the gentleman will examine the amendment, I thin he will find that it is not justlliable to the objection which he raises. Bot the Mining Committee and the Territorial Committee are unanimous in favor of the adoptionof this reposition.
Mr. KASSON. Let the amendmentbe again rea.
Mr. KASSON. The point which I make is that instead of the language, “are hereby de clared to be valid, ” the amendmentshould read, “shall remain as valid and subsisting as if this not had not been passed.” By the language which I propose, we shall avoid precluding our selves from making any modification as to the extent of the claims, if we should choose to attempt hereafter a general system of regulating these mining claims. I may remark that Itake some special interest in this questioniu consequence of examinations made during my trip to the mountains last year. The amendment which I propose will accomplish, as I think the gentleman must admit, the entire purpose which he has in view, while it will avoid the danger that I certainly for one apprehend from the present language of the amendment.
Mr. ASHLEY, of Ohio. I have no objection to the amendment which the gentleman suggests. The Minin committee, of which I am a member, as wel as the Territorial Committee, have had this matter under consideration, and are unanimous in favor of amending the bill in this way in order to secure the interests of parties who have made large outlays. I have no objection to the insertion of the gentlemans proposition.
Mr. {Assoxs amendment to the amendment was read, as follows: Strike out beforethe word “ valid" the words “are hereby declaredto be, ” and insert in lieu thereof the words “ shall remain as."
Mr. WRIGHT. I desire to ask whether our action in declaring possessory rights valid is to affect the le 11]title to those lands.
Mr. ASH EY, of Ohio. We desire to neg ative entirely the idea that it shall have any such effect.
Mr. HOOPER, of Utah. This is a question sffecting the Territory which I represent here; and from the reading of the bill I have not been able to trace distinctly the line of division proposed. I therefore ask the chairman of the committee to state to what extent the committee propose to dismcmber the Territory of Uta.
Mr. ASHLEY, of Ohio. They propose to take off 18,000 square miles.
Mr. HOOPER, of Utah. Will the gentleman be kind enough to give it to me in degrees? Is it one degree east and west?
Mr. HOOPER, of Utah. Moving the boundary from the 38 h to the 37th degree?
Mr. ASHLEY, of Ohio. Yes, sir; taking 18,000 square miles, leaving the Territory of Utah with 88,000 square miles, whereas it now has 106,000.
Mr. HOOIER. of Utah. Mr. Speaker, would it be in order for me to move that the further consideration of this bill be postponed until it shall have been printod!
The SPEAK It. It would be, if the Gentfrom Ohio yields for that purpose.
Mr. ASHLEY. of Ohio. I do not icld for that purpose. This is a Senate bill; it has been printed in the Senate, and is now on our files. I cannot consent to such a motion as the Gentleman proposes.
Mr. WASHB URNE of Illinois. I thinkthat the Gentfrom Ohio, [Mr. Amman] the chairman of the ComTerritor, ought not to urge this matter against the wishes of the Delegate from Utah without giving him a fair hearing. This bill proposes to ta e of? 18,000 square miles from that territory; and I think it only fair and just that the Delegate representing the Territory should have a full opportunity to be heard on this question.
Skip Skip Mr. ASHLEY, of Ohio. I demand the previous question on the amendment and the amendment to the amendment. The previous question was 2nded and the main question ordered; and under the operation thereof Mr. KAssoss amendment to the amendment was agreed to. The amendment, as amended, was agreed to.
Mr. ASHLEY, of Ohio. I now yield to my colleague from Maine [Mr. RICE] to offer a further amendment.
Mr. RICE, of Maine. Byinstruction of the committee, I move to amend by striking out the following words: To the middle of the river Colorado of the West: thencedowa the middle of said river to the eastern boundary of the State of California; thence north westerly along said boundary of California to the 37th decreeofnorth latitude: and thence east along said degree of latitude to the point of beginning. Mr. Speaker, I only wish to so that the effect of that amendment isto excln e from the portion of the territory to be attached to Ne vada that portion in the Territory of Arizona, so that all the territory annexed to Nevada by this bill will only be the portion taken from Utah.
Skip Skip Mr. ASHLEY, of Ohio, demanded the previous question. The previous question was 2nded and the mainquestion ordered.
Mr. HOOPER, of Utah. I ask the gentleman to consentto the printing of this bill before action is taken on it.
Mr. ASHLEY, of Ohio. It has alreadybeen printed and is upon our files. I yield to the gentleman 15 minutes of the hour to which I am entitled under the rules.
Mr. ASHLEY, of Ohio. The amendment has not been adopted.
Mr. HOOPER, of Utah. On the principle of equal legislation the amendment should cover the whole ground.
Mr. ASHLEY, of Ohio. Then there would be no bill.
Mr. HOOPER, of Utah. There ought notto be. I deem it almost next to useless to refer to the fact that the people of Utah were the 1st to break a path from the Missouririver to the center of this continent. We claim to to be the pioneers. We claim to have taken the germ of everything now in that conntr, over the broken roads and there plante them without any expense to the Government. We have there built up a State of 150,000 people; we have built up 250 grist and saw mills {we have established 3 cotton factories; we have grown 2000 bales of cotton we have opened up 150,000 acres of arable land, from which not only that State but all the Territories adjacent draw their supplies.
Mr. HOOPER, of Utah. I ask the House, in the name of justice, and in respect to the rights of a peep e who have done as much as any other to sustain the Government, toreject the bill.
Mr. ASHLEY, of Ohio. I yield ten minutes to the Delegate from Arizona.
Mr. GRINIELL. liith the permission of the Gentfrom .Ohio, [Mr. Asnnsr] I desire to say thatI have a friend living upon this portion of the Territory proposed to be set OH, and if we are to yield to the vote of the people whether it shall be annexed to Neva a, I see no objection whatever, inasmuch as Utah has a much larger portion of arable territory. At present I do not believe it is as well governed as Nevada, but if we are going to yield to the fpeople, to common sense and to the laws O nature, they would go there; and if 80,000 square miles 19not enough for Utah, as it is at present constituted, I think we had better take off a little on the north. I hope we will by all means give Nevada a slice, thus securing more arable land to that State which is well governed and is now yielding a very large revenue to the Government.
Mr. ASHLEY, of Ohio. In a moment I will yield to the Gentfrom Nevada, who is more interested in this matter than any other member of the House. I want to say, in reply to the Gentfrom Utah, [Mr. HOOIER] that when I was on a visit last sum mer through his Territory, President Young told me he had no objection whatever to this proposed dismemberment of the Territory of 7tab. There are but few, if any, of his people livinra upon the territory proposed to be transferre.
Mr. WASHBURNE, of Illinois. I would like to know who President Young is?
Mr. ASHLEY, of Ohio. Mr. Brigham Young is president of the church.
Mr. ASHLEY, of Ohio. I favor this measureand am opposed to the amendment of the Gentfrom Maine because the bill equalizes the Territories an makes the area of Ne vada, which is now but 80,000 square miles; by the additions taken from Utah and Arizona 104,000 square miles; Colorado has 104, 006 square miles; NewMexico has 121,000 square miles; and with the dismembermentwhic we propose from Arizona, we still leave that territory 121,000 square miles. Thus the territorial area of Nevada will be 101,000 square miles, Utah 88,000. Arizona 121,000, NewMexico 121,000, and Colorado 104,000. In addition to that, the annexation of this territory to Nevada makes the boundary line of that State a navigable river. The head waters of navigation will then be within the State of Nevada; they will have an outlet to the Gulf and to the sea; and as they have less arable land suse eptible of cultivation than either Arizona or Utah, I think it due that we should annex this territory to the State of Nevada. I will state that at the time the Territor of Nevada was erected, but few of the mem pers of the ComTerritor understood an thing of that country; it was comparatively unnown; we only knew it as a mining country. Since that time I myself have been through the Territory of Utah and the State of Nevada, coming back by the southern route; and I think I understan the wants of the people of that country; and I am sure the Speaker also understands them. I hope, therefore, that the proposition made by the Senate and sent in here will be adopted, and that the amendment of the Gentfrom Maine [Mr. RICE] will be voted down. I now yield, for a moment, to the Gentfrom Nevada, Mr. Ashram]
Mr. HOOPER, of Utah. Before the Gentfrom Ohio yields the floor, I desire to ask him a question. I would ask him whether he thinks that, from a trip across the country, he knows more about that country and the wants of its people than a man who has lived there for 16 ears.
Mr. ASHLEY, of Ohio. I do not know that a man could pick up the same amount of information in the time I was there that a man could pick up in 15 or 16 years; but I know that the information I obtained was from reliable gentlemen, and that I am quite as disinterestedin this matter as the gentleman can be who represents the Territor of Utah. I now yield to the Gentfrom Nevada.
Mr. ASHLEY, of Nevada. Mr. Spweaker, it was for a longtime understood in Nevada that we had this territory that it is proposed new to take from Utah. Some of the maps showed it; a map which the Delegate from Arizona had here showed it. But the law turned out to be different. The reason why we want this territo for Nevada is that our people from Nevada have discovered mines in that degree of latitude, and we are occupying the country now. I live in the eastern part of Nevada myself, and I know of but one Mormon living in that degree of latitude. The Mormons have always been averse to mining; they have crushed it out in that Territory, and I can tell this Congress that our people who discover and work mines there do not wish to be under the control of the government of Utah; and I tell you that it is for the benefit of the U.S. that they should not be. All of Nevada was made out of the Territory of Utah. They opposed the organization of the Territory of Nevada in the beginnin.
Mr. HOOPER, of Utah. I would like to ask the gentleman a questiou. I believe that when the Territory O Nevada was orcanized I was the Delegate from Utah, and so far from opposing the measure, I acquieseed in it and let me repeat here that it is merely as a matter of principle that I object to this measure.
Mr. ASHLEY. of Ohio. I must resume the floor now, and ask for a vote 11 u the amendment of the Gentfrom Maine, [Mr. Riot L]
Skip Skip The question was taken; and upon a division, there were ayes 20, noes not. counted. So the amendment was not agreed to. Tlfl bill, as amended. was ordered to be read a 3rd time; and having been read the 3rd time, it was passed. Mr. ASHLEY, of Ohio, mtRtv the bill was passed; on the table. Agreed to. WASHINGTON TERRITORY.
Mr. ASHLEY, of Ohio, from the ComTerritor, reported back, without amendment, Honse bil No. 170, amendatory of the organic act of Washington Territory, approved HBICH 2. 1853. The bill was read. The 1st section provides that after the next annual session of the Legislative Assembly of the Territory of washing ten the sessions shall be biennial;members of the Council shall be elected for a term of 4 years, and members of the House for a term oftwo years, and shall receive the sum of 6 dollars perday instead of 3 dollars, as here tofore allowed, and the same mileage now allowed by law. The 2nd section provides that each House shall have authority to elect, in addition to the officers now allowed by law an enrolling clerk. who shall receive 5 dollars perday; the chief clerk shall receive 6 dollars perday, and the other officers elected by said Legislature shall receive 5 dollars each perday. The 3rd section provides that the 1st election for the 1st biennial session under this act shall be held at the time of holding the general election for the Territory in 1807.
Skip Skip Mr. ASHLEY, of Ohio. I call the previous question. The previous question was 2nded and the main question ordered. The bill was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time and passed. Mr. A I ILEY, of Ohio, mtRtv the bill was passed; upon the table. Agreed to. ARTESIAN WELLS IN THE TERRITORIES.
Mr. RICE, of Maine, obtained the floor, but yielded it to
Mr. GOODWIN, who moved to amend by inserting after the word “well, ” in the 4th line, the words “at places where water cannot be procured by other means;" so that the clause would read. Whenever any 10 al citizen of the U.S shall make and esta lish an artesian well at places where water cannot be procuredby other means.
Mr. RICE. of Maine. I have no objection to that amendment.
Mr. STEVENS. I desire to inquire whether this is the bill we had before us some time ago proposing to give a square mile of land to any man who did 5a well.
Mr. RIC,of maine. No, sir; by the amendment which has just been reneed, it is provided that these grants s all) not be made except in cases where water cannot be procured by other means.
Mr. STEVENS. If the gentleman would reduce the quantity, so as to give only a quarter section or 160 acres in each case, I do not know that I would object to the bill. As it is, I move that the bill be laid on the table.
The SPEAKER. The Gentfrom Maine LMr. RICE] is entitled to the floor.
Mr. RICE, of Maine. I demand the previous question, and yield to the Gentfrom Ohio, the chairman of the committee.
Mr. ASHLEY, of Ohio. I am very certain that the Gentfrom Pennsylvania would not desire to have this bill laid on the table had he ever traveled over those plains. I undertake to say that in this immense region, east of the Sierra Nevada mountains. there is not one acre in 10,000 that can be used for agricultural purposes without irrigation; and in all that country there is not in any living stream or lake sufficient water to irrigate one acre in every10,000. The only hope of redeeming this land is in having these artesian wells dug, in order that the lands there may have 1mation.
Mr. STEVENS. May I ask the gentleman aquestion? Mr. ASHLEY, of Ohio. Yes, sir.
Mr. STEVENS. Does the gentleman expect that irrigation for agricultural purposes will be furnished by artesian wells 2
Mr. ASHLEY. ofOhio. it is the only hope.
Mr. ASHLEY, of Ohio. I do not know whether sufficient water can ever be obtained in this way; but I doknow that some of the finest regions in the Old World have been opened to cultivation by means of the irrigation furnished by artesian wells; and I know that in this vast country, ranging from Mexico to the northern Pacific, there is not one acre in 10,000 which can ever be brought under cultivation unless by the aid of artesian wells.
Mr. HIGBY. I desire to state, in connection with this question, that in SanJose valley, in the State of California, there are several arte sian wells which have been sunk to a great depth, and which givenn abundant flow ofwater and in the city of Stockton, in the county of SanJoaquin, an artesian well has been sunk to the depth of 900 or 1,000 feet, giving astream of water which rises 12 or 15 feet above the surface.
Mr. RICE, of Maine. I resume the floor to demand the previousquestion.
Mr. wASHBURN yofIllinois. Ihope the House will refuse to 2nd the demand for the previous question. I desire to know from the Gentfrom Maine whet her, under existing law, there is not provision by which title to a portion of the land on this mail route can be obtained from the Government.
Mr. wASHBURNE, of Illinois. I understand there is. I can get the book in a minute. They are entitled to preemption.
Mr. RICE, of Maine. Under the homestead bill they may be.
Skip Skip Mr. wASHBURNE, of Illinois. I hope the previous question will not be 2nded. On 2nding the previous question there were, on a division ayes 67, noes 35. So the previous question was 2nded. The main question was then ordered to be ut. p The amendment was agreed to. The Jointresolution, as amended, was orderengross and read a 3rd time; and bein engrossed, it was accordingly read the3rd time and passed. Mr. RICE, of Maine, mtRtv the jtResolution was passed; upon the table. Agreed to. COMTERRITOR.
Mr. ASHLEY, of Ohio. I ask that the ComTerritor shall have another morn in hour after the call of the select committees. wIien the committee was called before I was absent on account of sickness.
Mr. WASHBURNE, of Illinois. I object. AMENDMENT or TERRITORIAL ACTS.
Mr. ASHLEY, of Ohio, from the ComTerritor, reported back House bill No. 508, to amend the or nic acts of the Territo ries of Nebraska, Colorado Dakota, Montana, Washington, Idaho, Arizona, Utah, and NewMexico. During the reading of the hill the morning hour expired, and the bill went over until the next morning hour for public business. COMTERRITOR AGAIN.
Mr. ASHLEY, of Ohio. I ask that the ComTerritor shall have a morning hour on Saturday next.
Mr. WASHBURNE, of Illinois. I object. I do not object to the committee having a mom in hour after the usual morning hour.
Mr. STEVENS. I suggest that Saturday week be set apart to receive reports from all the committees. We can never get through unless that be done.
Mr. WASHBURNE, of Illinois. An hour for each committee.
Mr. STEVENS moved that the House proceed to the business upon the Speakers to la. The motion was agreed to. ADMISSION OF COLORADO.
The SPEAKER accordingly laid before the House Senate bill No. 74, for the admission of Colorado into the Union; which was read a 1st and 2nd time.
Mr. ASHLEY, of Ohio. I am instructed to put this bill on its passage, unless some Gentleman desires to be heard on it, or an early I day can be fixed for its consideration. Several Msnnsns. Let us act on it now.
Mr. RICE, of Maine. If I understand the action of the ComTerritor, it was that a day should be assigned for the consideration of this bill.,
Mr. ASHLEY, of Ohio. If no one desired to be heard I was to put it on its passage.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. MCDon ALI), its Chief Clerk, informed the House that the Senate had agreed to the report of the committee of conference upon the disagreeing votes of the 2 Houses upon the bill (S.No.26) entitled “An act to encourage telegraphic communication between the U.S and the island of Cuba and other West Indiaisl: and s, and the Bahamas.” Also, that the Senate had passed a bill (H.R.No. 280) making appropriations for the service of the postoffice Dept during the fiscal year ending June 30, 1867, and for other purposes, with an amendment, in which the concurrence of the House was requested. Also, that the President had approved sun dry acts that oriinated in the Senate. On motion of Tir. STEVENS, by unanimous consent, House bill No. 280 was referred to the ComAppropriat. RELIEF OF CONTRACTORS.
Mr. HARDING, of Illinois. I ask unanimous consent to take up from the Speakers table Senate bill No. 220, for the relief of certain contractors for the construction of vessels of war and steam machinery.
Mr. WASHBURNE, of Illinois. I ask to have it read. It involves the payment of millions of dollars for the benefit of contractors.
Mr. ASHLEY, of Ohio. I cannot yield for all that. ADMISSION of COLORADO AGAIN.
Mr. ASHLEY, of Ohio. Unless some on tlemen desires to offer an amendment, or an can I can have an early day fixed for the consideration of this bill, I shall ask the previous question.
Mr. RICE, of Maine. yield for an amendment?
Mr. RICE, of Maine. I desire to strike out the word “white” where it occurs. Several Msnnnns. It is not in the bill.
Mr. RICE, of Maine. I did not understand that this was to come up for discussion today.
Mr. INGERSOLL. I demand the reporting of this bill.
Mr. RICE, of Maine. Is it not in order to move to refer it to the committee.
The SPEAKER. It is if the Gentfrom Ohio [Mr. Asnmzr] withdraws his demand for the previous nestion; not otherwise.
Mr. ASHL Y, of Ohio. I do not with draw it. Will the gentleman
Mr. STEVENS. I suggest to the gentleman that he had better allow. a day or 2 for some friends to amend this bill. There are reasons why a great many of us cannot now vote for it, but we may amend it so as to pass it. I hope the gentleman will consider whether it is prudent to take the sense of the House upon it now.
Mr. ASHLEY, of Ohio. I cannot yield for that purpose unless we fix, say tomorrow after the morning hour, for its consideration.
Mr. ROSS. I think we had better have it postponed, say tomorrow 2 weeks.
Mr. ASHLEY, of Ohio. Then I insist on the demand for the previous question on the passage of the bill. On 2nding the demand for the previous question, there were ayes 45, noes 57. Mr. ASHLEY, of Obit) I demand tellers. Tellers were ordered; and the Speaker appointed Messrs. AsnLsY, ofOhio, and Lu BLOND. The House divided, and the tellers reported ayes 46, noes 63. So the previous question was not 2nded.
Mr. RICE, of Maine. I now move to refer it to the ComTerritor. Mr. ASHLEY, of Ohio. I hope it will not be committed unless the House is disposed to reject it entirely. I demand the yeas&nays.
Mr. RICE, of Maine. I desire myself that some day may be assigned for the consideration of this importantquestion, and I hope it may be an early day. do not wish to send this to the committee if it can be avoided, but rather than be driven to a vote upon it today, I I shall insist that it go to the committee. But I trust the chairman of the committee will name an early day for the consideration of this bill. There are great principles involved in it.
Mr. ASI LE, of Ohio. I will name Mon day, after the morning hour. Mr. ROSS. I call for the special order.
The SPEAKER. This is before the House now, by its order to proceed to business on the Speakers table.
Mr. ROSS. Can I ask for the reading of the bill? i
The SPEAKER. The gentleman can de mand it.
Mr. FARNSWORTH. What is the special order?
The SPEAKER. The Chair will state that there are 2 special orders in the House, made some time since, operating after the expiration of the morning hour, one to establish the grade of general in the Army and the other in regard to the ayof officers of the Army, both coming from he ComMilAffrs. On Tuesda next. immediately after the reading of the ournal. the constitutional amendment reported from the ComReconstruction is made the special order. On Wednesday and Thursday, immediately after the reading of the Journal, the 2 bills reported by that committee are also made special orders to continue until disposed of. esides that, there is the tax bill reported by the ComWays&Means, which has been made the special order in ComWhole on the state of the Union for next Monday, after the morning hour. That is the condition of the business of the House with regard to special orders.
Mr. ASHLEY, of O io. Then I ask that this bill be assigned for next Monday, after the morning hour.
The SPEAKER. The special orders now made can only be overriddien by unanimous consent.
Mr. WILSON, of Iowa. I shall object, if it is to interfere with other special orders.
Mr. FAltNSWORTH. If it should be made a special order for Monday, cohld it not be post poned by a vote of a majority of the House?
Mr. FARNSWORTH. wery well; then I cannot see wh the House should not consent to let it he ma. e the special order for Monday, and then, if a majority of the House prefers to take up the tax bill, they can postpone this measure and take that up. The matter will be within the control ofu. majority of the House. It seems to me that to refer this bill to the ComTerritor would be to kill it.
Mr. FAIZNSWORTH. I understand that that is what is intended, but I do not desire to see it killed. If any gentlemen here have opposition to make to this bill, I am willing that they shall have a fair opportunity of presenting their views to the House.
Mr. ASHLEY, of Ohio. I make the proposition that we go on with the bill now, and if gentlemen have anything to say, or have any amendments to offer, do it now.
Mr. WASHBURNE, of Illinois. What is the question before the House?
The SPEAKER. The question is on refer ring the hill to the ComTerritor.
Mr. RICE, of Maine. I demand the previousquestion on that motion.
Mr. {088. I desire to hear that bill read before we are called to vote upon it. The bill was read.
Mr. CHANLElt. Is it in order to move to lay the bill upon the table?
Mr. ASHLEY, of Ohio. I demand the yeas&nays upon it. The yeas&nays were ordered.
Mr. ASHLEY, of Ohio. Before the vote is taken, I ask the Chair to state the question to the House distinctly, so that it may be under stood.
Skip Skip The SPEAKER. The question is on the motion of the Gentfrom NewYork, [Mr. CHANLER] that the bill do lie upon the table. Mr. ASHLEY, of Ohio. Which would kill the bill. The question was talihn; and it was decided in the negative yeas 29, nays 109, not voting 45; So the House refused to lay the bill upon the table. During the roll cull, Mr. CHANLER said: My colleague Mr. J was M. Hunrnnsr, has paired 011with Mr. Ponsnor. The question recurred upon 2nding the demand for the previous question. The SPEAKER The Chair would state that if the previousquestion is 2nded and the mam question or ered, and the motion to refer is then voted down, the previousquestion would not be exhausted until the bil has passed its 3rd reading. Mr. ASHLEY, of Ohio. I hope the Gentfrom Maine [Mr. Rica] will withdraw his call for the previous question and let the question be taken upon the motion to refer, and I be e the motion to refer will not prevail, but that we will go on with the consideration of the bill today. Mr. RICE, of Maine. I will withdraw the demand for the previous question. The question recurred upon the motion of
Mr. Riel I, of Maine, to refer the bill to the ComTerritor. The question was taken; and upon a division, there were ayes 58, noes 56. Before the result of the vote was announced, Mr. WASHBURNE, of Illinois, called the yeas&nays on the motion to refer. The yeas&nays were ordered. The question was taken; and it was decided in the negative yeas 64, nays 74, not voting 45; So the motion to refer was not agreed to. The question recurred upon ordering the bill to be read a 3rd time.
Mr. ASHLEY, of Ohio. I now propose that this bill be considered in the House. If any gentleman desires to be heard upon it I will yield a art of my hour to him.
Mr. STEVENS. The gentleman is very liberal, seein that the previous question has been refused im.
Mr. ASHLEY, of Ohio. Well, I have the floor now.
Mr. WASHBURNE, of Illinois. If the Gentfrom Ohio [Mr. ASHLEY] makes a speech, I suppose we can answer it.
Mr. FINCK. Will my colleague yield to me for aquestion?
Mr. FINCK. I desire to ask my colleague what was the total number of votes at the election to which he refers.
Mr. ASHLEY, of Ohio. According to a pamphlet which I hold in my hand, 7, 166 was the total vote.
Mr. FINCK. Can my colleague advise the Hguse what is the present population of Colorado?
Mr. ASHLEY, of Ohio. I had herea statement from the Legislature of Colorado, estimating the present population of the Territory at 50,000.
Mr. FlNCK. Can my colleague refer to any census taken in that T crritory?
Mr. ASHLEY, of Ohio. No, sir, I cannot. The total vote at the recent election for congressman was 7, 557. If the gentleman will refer to the election returns for the eastern or southern States, he will find that this isa larger number of votes than is cast in several of the Representative districts in a number of the southern States. It is a larger vote than that cast in the State of Delaware or the State of Florida.
Mr. FINCK. Let me ask my colleague whether the number of voters in the Territories is not greater in proportion to the population than in the States.
Mr. ASHLEY, of Ohio. As a rule, Mr. Speaker, that is true of all newly settled Territories. But Colorado has been a Territory for some years. I have myself visited the Territory twice once 3 years ago last fall, and again this year and I can state that the female pulation is largely increasing, as also the Junior population; so that the disparity between tie actual population of a congressional district in one of the eastern or southern States and that of Colorado is not so great as my colleague would have the House suppose. by Mr. CHANLER., I desire to ask the Gentfrom Ohio whether he is not aware that according to the returns made by the postoffice Dept, which furnish a good test of population, the number ofletters distributed in that Territory has withine the last few years been largely and constantly decreasing.
Mr. ASHLEY, of Ohio. Mr. Speaker, if the gentleman is at all conversant with the l troubles incident to the Indian depredations upon the lains, he is aware that last year a large portion of the opnlation of the Territory of Colorado lelt there for the eastern States and for other Territories of the West, and that the line of communication was constantly broken, at one time for several weeks, in consequence of the Indian deprednlions, so that the mails for weeks at a time were not our ried to all arts of the Territory. Hence the test which the gentleman seeks to introduce is not a fair one. I take it, sir, that the votin po iulation is a better and fairer test; and I c ieve that the number of voters at the last election in that Territory shows a population equal to that of some districts in the eastern States that now have Representatives in congress, and we all know that they have a larcer voting population than many congressional district in the southern States.
Mr. ROSS. As the gentleman has visited that Territory, I ask him to state what, in his fudgment, is the population of that Territory, caving out those who are merely temporarily there or the purpose ofininin.
Mr. ASHLEY, of Ohio. We 1, Mr. Speaker, I am not able to state, because I was not in the southern art of the Territory which is inhabited by the blbxican population. But I was in all the mining districts, and from the best information which I could obtain, I think the opu lntion was more than 40,000. but it is constantly increasing. The population of Colorado is today twice as great as that of the State of Florida at the time of its admission. Its opulntion is greater than that of the State of Arkansus when it was admitted, or the State of Orevon at the time of its admission.
Mr. “INCK. Let me suggest to my friend that when those States were admitted the ratio ofrepresentation was much less than at present.
Mr. ASHLEY, of Ohio. lhatis true. But, sir, the number of votes is the best test; and if there are on an average as many voters for the State ticket or for members of Congress as are cast in other districts having Representatives, the gentleman should not interpose that objection. I addition to this, we all knowhow much faster the mining States and Territories increase in population than the agricultural States. Colorado furnished 3 regiments for the war, has furnished a large emigration to Montana, Idaho, and other mining Territories, and yet her population is steadily and surely increasing, and I do not hesitate to predict that by the census of 1870 she will have a population of 200,000 people. So far as population is concerned, however, Congress having proposed to these people to become a State, think, without violating any great principle, we ought to vote for their admission. I desire also to vote for their admission because I believe in the principle of organiziu State governments ntthe. earliest dayprac tien le in every one of the Territories.
Mr. ROSS. Is it not objectionable in exclud iner negroes from suffrage? Mr. ASHLEY, of Ohio. I am compelled to vote for many propositions objectionable to me as an individual. I expect to vote for the report of the committee of 15. Mr. ROSS. Wh I
Mr. ASHLEY, oiy Ohio. Because it ignores the great body of loyal men in the South who during the rebellion were our friends and fought to preserve the Union, while it practically leaves the government of the late reel States in the hands of those who attempted to destroy this nation. I intend to go for it, however, because I believe it is the best proposition we can get, and because it reflects the aggregate sentiment f the country. By passing this bill we but iglhrm the principle of that report. We leave the question of suifrage to the people of colorado, and I would rather intrust that question or another to the loyal people of Colorado, who iiirnished 3 regiments of as good soldiers as ever entered the Union Army. tlmn to commit the question of enfranchising the black man to the white electors of the late rebel States, as we propose to do in the proposition submitted by the JtCommee of 15. I have no doubt that the loyal people of Cola rado will enfrnnchise her blocks long before the blacks are enfranchised by the spirits who will control the late robol States, if no proposition of the committee becomes law. But I do not want to take up the time of the House in the discussion of this question, and {herefore demand the previous question.
Mr. CHAVES. I ask to present the following amendment: SEC. 3. Abife: That said State 0 Colorado shall consist of all the territory included within the followinxboundaricsdo wit: commencing at a 0int formed the IDlCrStCllfillof the 38 1 degreeof nort lotifudo with the 2filth degree of longitude westfrom Wu hingtou extending thence duo west nlomrsaid lhllly llllhll! degreeof north latitude to upoint formedby itsintersection with the 3se um dezrcc of longitude westfrom Washington; thence due north nlomr said 32nd degree of West longitude to a point formed by its intersection with the 41st drzrce of north latitude; thenro duo enst along suid 41st degroo of north latitude to a point formedby its intersection with the 25th degree of longitude west from Washington; thence duc south along said 25th degree of west longitude.
Mr. WASHBURNE, of Illinois. I ask the gentleman to yield to the followingameudment: Procillul, That this act shall not tnke effectuntil thosaid Stato ofColorndo shall so amend the constitution thercotnstor trike out the word "white" as a qualification of voting.
Mr. ASHLEY, of Ohio. I will let that amendment in and then call for the previous question.
Skip Skip The previous question was 2nded and the main question ordered. Mr. LEBLOND demanded the ycas and on s on the amendment. The yeas and nuys were ordered. The question was taken; and it was decided in the negative year. 37, nays 95, not voting 51; So the:izziendment was rejected. The bill was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time. Mr. LEBLOND demanded the yeas and no 5 on the passage of the bill. The ycas and nuys were ordered. The question was taken; and it was decided in the ullirmative yeas 81, nays 57, not voting 46; So the bill was passed. During the rollcall, Mr. J. L. THOMassaid: I have paired with my colleague, Mr. Punrrs, who would have poted against the bill. I would have voted or it. Mr. WINFIELD. My colleague, Mr. J. M. Hunriiitev, has paired with my colleague, Mr. POMEROY. The result having been announced as above recorded, Mr. ASHLEY, of Ohio, mtRtv the bill was passed; on the table. Agreed to.
Skip Skip MESSAGE FROM THE SENATE. A message was received from the Senate, by Mr. MCDONALD, its Chief Clerk, requesting the return of the bill making appropriations for the service of the postoffice Dept for the fiscal year ending the 30th of June, 1867, and for other purposes.
Mr. GARFIELD. I move that it be returned.
The SPEAKER. It has been referred to the ComAppropriat, and it will be necessary to reconsider that reference. If there be no objection it will be regarded as reconsidered, and the order will be made by the House to return the bill to the Senate in compliance with the request. WILLIAMO00K. The next business on the Speakers table was Senate bill No. 277, for the relief of William Cook; which was read a 1st and 2nd time, and referred to the ComDistCol.
Skip Skip LEAVE or ABSENCE. Mr. LAFLIN. I ask indefinite leave of absence for my colleague, Mr. MARVIN, who has been called away by the death of a brother.
Skip Skip MESSAGE FROM THE PRESIDENT. The following message in writing was received from the POTUS by Mr. EDWARD Coorsii, his Private Secretary which was read, laid on the table, and ordere to be printed: To the HoRep: In reply to the resolution of the HoRep of the 23d ultimo, I transmit a report from the SecyWar, from bhich it Will be perceived that it is not deemed compatible with the public interests to communi cate to the House the report made by General Smith and Hon. James T. Brady, of their investigations at NewOrleans, Louisiana. AndrewJohnson. WAsuisorox, D. C., May 2, 1866. COLLECTION OF PLANTS The next business on the Speakers table was JtResolution of the Senate No. 76, providing for the acceptance of a collection of plants tendered to the U.S. by Fred erick Pech; which was read a 1st and 2nd time, and referred to the ComAg. RELIEF OF CONTRACTORS. The next business on the Speakers table was Senate bill No. 220, for the relief of certain contractors for the construction of vessels of war and steam machinery; which was read a 1st and 2nd time.
Mr. RICE, of Massachusetts. I move to refer it. to the ComNavAffrs.
Mr. WASHBURNE, of Illinois. I move to amend by referring it to the ComClaims.
Skip Skip The amendment was agreed to; and the motion, as amended, was also agreed to. Mr. WASHBURNE, of Illinois, mtRtv the bill was referred; on the table. Agreed to. BRIDGES OVER THE MISSISSIPPI. The next business on
the Speakers table was Senate bill No. 236, to authorize the construction of certain bridges, and to establish them as post roads; which was read a 1st and 2nd time.
Mr. KASSON. I move to refer the bill to the comPostOffice, and I ask, at the same time, to offer this amendment and have it take the same reference: Abife: that it shall belawful for any railroad corporation, whoseroad has beencompleted to the Mississippi river, and connectswith a railroad on the opposite side thereof, having fint obtained authority thereforfromtheStatesof Illinois and Iowa, to construct a railroad bridge across said river a )0D the same terms. in the same manner, under thesamerestrictions, and with the sameprivilegesas is provided forjn this act in relation to the bridge at Quincy. Illinois.
Mr. WASHBURNE, of Illinois. Iraise the point of order that, as this is a bill providin for one bridge and the amendment proposed is for another, the amendment is not in order.
The SPEAKER. The Chair overrules the point of order. The Chair finds from a hasty examination of the bill that it provides for 3 bridges across the Mississippi river, and the Chair thinks that this amendment is germane.
Mr. KASSON. I nowyield the floor to my colleague, [Mr wii.so.V.]
Mr. WILSON, of Iowa. I desire to otfer another amendment to the bill, in order that it may go with the bill when it is referred.
The SPEAKER. Tllfli. can only be done by unanimous consent.
Mr. WASHBURNE, of Illinois. Let it be read, and then we can see whether we object or not.
The Clerk read the proposed amendment, as follows: and that the Kcokuk and Hamilton Mississippi Bridge Company he, and is hereby, authorized to construct a bridue over the Mississippi river at Keokuk providod fothrebsyatmhies a description as the other There being no objection, the amendment was received.
Mr. HARDING, of Illinois. While I am in favor of these amendments, and will vote for them on the properoccasion, I am opposed to gentlemen coming in here now and riing down a bill which has been maturely considered in the Senate by the friends of the bridges at Quincy and Burlington. This measure was considered in the Senate by a very able committee, and a basis was laid by them upon which the Senate and the House can actintelligently. I do object to having that bill laid aside in some committee in order to give these gentle fmen an opportunity to provide a substitute or it. It will be a very easy thing for them to bring in their bills and pass them after the principle of bridgin the Mississippi river shall have been establishe by the passe e of this bill. While I am as much in favor of the gentlemans proposition as he is, I do HQPGlllS course will not be approved by the House.
Mr. KASSON. The Gentfrom Illinois [, Mr. HARDING] raisesa new question. He proposes that the House shall pass upon this bill without reference to a committee at all. If that is the general desire of the HouseI am willing that they shall take it up in connection with the amendment for action now. But, sir, the gentleman is certainly wrong in saying that the object is to “ ride down” this measure of which he is the friend. He flirgets that 40 miles north of his own city there is a city in Iowa of equal importance, with roads approaching it on both sides, and with what Quincy has not, a solid rock bottom in the river, which we have already appropriated money to blast out, so as to let boats through. Now, I say, that when the proposition is to construct a bridge at a point like that, made by nature for it, the gentleman should not say that the intention is to “ride down” the bill. On the contrary, thatamendmentwillstrengthen his measure. A word more. The gentleman has spoken of establishing the principle of bridging the Mississippi river. Why, sir, that principle has been established already, and there are 2 bridges now constructed above the points at which this bill authorizes the construction of bridges.
Mr. wASHBURNE, of Illinois. Yes, and which obstruct navigation to the amount of millions of dollars a year.
Mr. KASSON. I would be much obliged if mv friendfrom Illinois would allow me to speak when I have the floor, and when I am through I will yield with pleasure to him. I say that the principle has been established, and that the interests of the States on both sides of the river require the construction of bridges occasionally across that river; and it is Perfectly well settled that those bridges can be constructed so as not to obstruct navition. I should certainly oppose any obstruction of navition.
Mr. WILSON, of Iowa. Idesire to remind I. e Gentfrom Illinois, [Mr. HARDING] who is opposed to these amendments, thatthis bill was originally introduced to authorize the construction of a bridge at StLouis. It was amended in the Senate so as to provide for a bridge at Quincy and, I believe, another at Hannibal.
Mr. HARDING, of Illinois. The gentleman is wron in that.
Mr.WILSON, of Iowa. Itwas alsoamended so as to authorize the construction of a bridge at Burlington, Iowa. Now, we simply desire that other points oft quite as much importance as some of those provided for shell lave the privilege ofconstructing bridges across the mississippi river. The railroad connections at Keo kuk are quite as important as those at Quincy. The railway connections there are quite as important as those at Burlington; on so it is at Dubuque. They are all important: and the break caused by the rirer in the connections of those lines is very serious. Now, we ask that this bill, accoin anied by these amendments, shall go to the ommittce on the postoffice, a committee appointed to consider measures of this character, in order that that committee may determine whether it is not as important to have these other points provided for as those already provided for by the bill.
Mr. ROSS. Will the Gentfrom Iowa [Mr. Kassos] permit me to offer an amendment?
Mr. ROSS. It is to add the following: Provided.however, That saidbridges shall not be so built as to obstruct or impair the navigation of the Mississippi river.
Mr. KASSON. I have no objection to having that amendment go to the committee with the other propositions.
Mr. WASHBURNE, of Illinois. In view, of the importance of this question, I will ask that a fair committee be appointed to consider it.
Mr. KASSON. I will say that this question has already been considered with great care and deliberation in the Senate. the Gentfrom Illinois [Mr. WASHBUBNE] suggests that a special committee should be raise for the purpose of considering this subject. I do not like to take this subject from the jurisdiction of the committee to which it properly belongs, and have it go to another regular committee, as was 1st suggested by the Gentfrom Illinois. I think the 0st office Committee is a competent committee to consider the question, as is also the ComCommerce. But in the Senate the subject went.to the postoffice Committee. Its very title indicates that it should go there, and I for one will not discredit any regular committee. The only other alternative is that it should go to a special committee.
Mr. WASHBURNE, of Illinois. I am willing to withdraw my motion for a special committee, as also my suggestion that it be referred to the ComCommerce, and I will suggest that it should be referred to the comRds&canals, which I am sure will prove to be an impartial committee.
Mr. HARDING, of Illinois. Will the Gentfrom Iowa [Mr. KASSON] yield to me for a moment?
Mr. KASSON. I will yield for an explanation, but I cannot yield the floor entirely.
Mr. “ASHBURNE, of Illinois. I propose that it shall be referred to the ComRds&canals. I desire that it shall not be referred to the comPostOffice and Post Bonds.
Mr. KASSON. I desire to ask the gentleman ffom the Quincy district, who is a friend of the original measure, to what committee he would prefer to have the bill referred. I am equally anxious with himself to have it go to a friendly committee, and at the same time a prudent one. I am desirous to oblige the Gentleman. Does he desire it to go to the comPostOffice and Post Reads, or to the ComRds&canals?
Mr. HARDING, of Illinois. I do not know what is the state of the business before these committees. I think I would prefer that it should be referred to a ComWhole House.
Mr. KASSON. Then we should never hear of the bill a sin.
Mr. HAR ING, of Illinois. I accept, then, the proposition to refer it to the ComPostOffice.
Mr. KASSON. That is my original position. I now yield to my colleague, Mr. GRINNELL.
Mr. GRINNELL. I desire, Mr. Speaker, that this bill may be referred to the comPostOffice, becaue I know that that is a good committee. Mr. Speaker, I am very lad to hear the Gentfrom Illinois [Mr. WlASKBUBNE] surrender the positions which he formerly held and yield his great Mississippi fight.
Mr. WASHBURNE, of l line is. I occup to da y the same position I always occupie. I was always willing to have the river bridged when it could be done without materially interfereing with naviation.
Mr. GRINNE L. Mr. Speaker, it has been asserted over and over again, in and out of the House, that these bridges are nuisances and must come down. But. sir, in regard to the RockIsland bridge it has been shown that that is not an obstruction. The largest craft have, in great numbers 5 or 600 a season passed there unobstructed; but when an old craft highly insured has run against the bridge and been destroyed, we have heard a great outery about that bridge. It. has been suspieious. ow, sir that bridge I mean the RockIsland brigewas constructed by eminent engineers, and if it is a nuisance there, it can be brought down by law. I suppose they want bridges at all these points, an Iani willing that they shall have them. I am willing that this shall go to the ComPostOffice. It is for the interest of the other side of the river, where the have ten times the business, east and west oft at on the river, that they shall have all the accommodations which nature and art both give them. The people distant to the Pacific are interested in these crossings. The railroad system of this countr, and especially that west of the river is run e to yield to the natural highways of commerce. We have there established a bridge which will admit transit cast and west as well as up and down the river.
Mr. KASSON. I now yield to the Gentfrom Massachusetts, chairman of the ComPostOffice.
Mr. ALLEY. I was not. present and did not hear the remarks of the Gentfrom Illinois, but I am informed that be reflected on the ComPostOffice, charging that it was an unfair committee and in the interest of the railroads, and that he was opposed to any reference to that committee on that ground, askin at the same time that it be referred to the comCommerce, of which committee he is chairman.
Mr. GRINNELL. The gentleman is mistaken. I saitLthat the comPostOffice was a fair committee, and the Gentfrom Illinpis said nothing reflecting on the committee at all.
Mr. ALLEY. I ask the Gentfrom Illinois whether be reflected on that committee.
Mr. WASHBURNE, of Illinois. I made no reflection on any committee. I trust I understand the rules too well for that. I stated the action of that committee and that it tended to strike down the interests of 8 million people of the agricultural districts.,
Mr. ALLEY. I understood the gentleman to have reflected on the action of the committee. I must have misapprehended, or rather I must. have been misinformed. in reference to the position of the gentlemaufrom Illinois. I understood that be reflected on the comPostOffice, charing them with unfairness. He disclaims any reeetion on that committee, and of course I have nothing further to say. In regard to the question before that committee in which that gentleman is interested, no action has been taken and no report made, and of course the gentleman can have no complaint.
Mr. KASSON. I yield to the Gentfrom Missouri.
Mr. BLO W. I desire to state there are 2 Senate bills before the House providipag for the construction of bridges across the issis si pi river. The city of StLouis, its Chamber O Commerce, and its people, have united in declaring that no obstruction should be made to the navigation of a stream upon which [huts the greatest commerce of the New World. It is therefore provided in referenceto the bnda at that point so that any steamer may pass by that city on its way as the river without any detriment whatever. ut, sir if we pass this bill there will be a series of obstructions from the city of StLouis to the falls of StAnthony. The bridge the gentleman has s oken of is one of the greatest obstructions, i not an absolute nuisance, causing extra insurance to be demanded by the insurance companies, and the loss of 1,000s of dollars worth of valu able property annually. In addition to the natural obstructions it imposes a burden upon the cities on that stream which they are not able to bear. In adverse winds boats have had to remain for days at RockIsland. By this bill you propose to obstruct it at Quincy, Hannibal, eokuk, and I do not know how many other places.
Mr. WILSON, of Iowa. Has the gentleman examined the provisions of this bill?
Mr. BLOW. I have. The call for a draw of 165 eet, leaving only a channel hardly the width of the vessels themselves.
Mr. KASSON. I ask as a point. of order whether it is proper to discuss the merits of the bill on the motion to refer.
Mr. WASHBURNE, of Illinois. That brings up the whole question.
Mr. KASSON. I presume the propertime for this debate will be when the bill has been returned from the committee. I understand it has been prepared with unusual care and on consultation with eminent engineers. We understand uniformly that a brige near the city and within the district of a member of congress is alway; large enough and high in the opinion of that member, but that aenborui ghg, e above or below obstructs commerce, by being too small, and therefore ought not to be allowed to remain. I have submitted my amendment with special reference to the wants of central and western Iowa. Wewantadoubleoutletforourproducts the unobstructed option of the Chicago and StLouis markets, and competition between railroads for freight. With this bridge at Keo kuk we can send our products to StLouis without breaking bulk. From DesMoines as a common center there will be 2 routes open to Chicago, and one, if not 2, to StLouis, and all without the serious obstruction of breaking bulk at the river, with its heavy accompanying charges. With these remarks I aim lyi now desire, as I am pressed all around, an as thereare other measures waitifig that are urgent, to ask the previous question on the motion to refer this to the committee. The whole subject will be open for debate when it comes back.
Mr. GRISWOID. I desire to ask the Gentleman whether by the provisions of this charter the bridge company would be liable for damages growin onto obstruction of the navigation.
Mr. ASSON. Certainly they are if the bridge is improperly constructed, liable at common law.
Mr. BENJAMIN. They would not, if it is built according to the provisions of the bill.
Mr. KASSON. I have no sort of objection to the fullest. debate, but I understand it to be the wish of the House not to discuss it now.
Mr. STEVENS. The merits of this bill are not open, and I trust it will not take up the whole day. Let it go to the committee.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the bill was referred to the comPostOffice. UNION PACIFIC RAILROAD. The next business On the Speakers table was Senate JtResolution No. 80, extending the time for the completion of the Union pacific railroad, eastern division; which was read a 1st and 2nd time.
Mr. STEVENS. I trust that may be considered now. The bill was read in full. It extends the time for the completion of the 1st 100 miles until June 27, 1866.
Mr. STEVENS. I offer the following amendment: That the time for commencingand completing the Northern Pacific railroad and all its severalsections is extendedfor the term of 2 years.
Mr. ROSS. Is that amendment germane to the subject? I raise the question of order.
The SPEAKER. The Chair thinks it is in order. It relates to the building of railroads across the continent. It is a question for the House whether it will concur in the amendment.
Mr. STEVENS. The object of the amendment is simply this: the original resolution proposed to extend the time for the completion of the southern branch of the Union Pacific railroad for a few months according to the recommendation of the message of the President. The time had expired. One and a half section had been finished, but not within the time required by law by a few days. The message of the President informed us that unless we extended the time the subsidy could not be granted. 2 months are asked for. The amendment I offer is to give further time, but it proposes no advantage except the extension of the time. I demand the previous question.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the amendment was agreed to. The bill, as amended, was orderengross and read a 3rd time; and being engrossed, it. was accordingly read the 3rd time and passed. On motion of
Mr. STEVENS, the title of the b“ill was amended by adding thereto the words and for other purposes. Mr. STEVENS mtRtv the bill was sed and the title amen ed; and also move to lay that motion on the table. Agreed to. NewYork and MONTANA MINING COMPANY. The next business on the Speakers table was Senate bill No. 203 to enable the NewYork and Montana Iron Mining and Manufac turing Company to purchase a certain amount of the public lands not now in market.
Mr. STEVENS. I move to lay that on the table. The motion was agreed to. sonniuus sun ssine us onrnss nous.
Mr. WASHBURNE, of Illinois. I desire to make a statement. Several patriotic ladies have sent me a bill to incorporate the National Soldiers and Sailors Orphan Home in the DistCol. It is a very worthy object. I find among the managers the names of rs. GenlSherman , Mrs. Carlile, Mrs. Todd, Mrs. Smith, Mrs. Hale, Mrs. GenlCurtis, Mrs. General Seofield, and agreat many others; and I venture to bring the matter to the consideration of the House. I have looked over this bill, and if the House after hearing it read, sees nothing objectionable in it, I will ask to have it passed. The bill was read.
Mr. ROSS. I would inquire of my colleague if this bill does not take the custody of the property of these or bans out of the hands of their guardians, an give the control of it to this corporation.
Mr. STEVENS. Ipsk for the reading of the 6th section.
The Clerk read the section, as follows: $150.6.Abife:.That no child shall ever be boundout from this institution.
Mr. STEVENS. I do not think that is prac ticable. If the institution is to raise them up in idleness, and never bind them out, it is cons trary to all precedents that I ever heard of. I move to strike that section out, so as to leave it discretionary with the managers of the institution. The motion was agreed to, and the 6th section was stricken out.
Mr. ROSS. I again ask my colleague if this bill does not take the custody of the persons. I and property of the children out of the hands of legal y appointed guardians, and give it to this corration.
Mr. l: ASHBURNE, of Illinois. I do not think that that is the construction of the bill.
Mr. ROSS. It appears to me from the read of it that it is. Mr. WASHBURNE, of Illinois. If the Gentleman desires to amend it in that respect he can do so.
Mr. GARFIELD. I suggest to the Gentfrom Illinois [Mr. Ross] that he offer an amendment providing that the bill shall not be construed in that way.
The SPEAKER. The section referred to by the Gentfrom Illinois [Mr. Ross] will be read.
The Clerk read as follows: SEO. 8. Abife:, That upon any mine r child being removedfrom or leaving this institution.as provided in the DHTNHDKSECUOHand there being no to such mine r child any pension or back pay from the U.S. Government. the directorsof theinstitution shall retain controlof such back pay or bounty until such child attains the age of majority, paying to such child during minority only the interest thereof, or such further sum as, in the discretion of the board.may be necessaryfor the support and maintenanceof such mine r.
Mr. WASHBURNE, of Illinois. That is a very good provision. I think no one can object to it. I think the House had better pass the bill.
Mr. HARDING, of Illinois. I wish my colleague would explain why bounty money be longin to these orphans is safer in the hands of the directors oft his corporation than in those Dof the agents which the law provides. Guard ians are safer depositarics than these direct ors, who may or may not be good. They are good now, no doubt. But the institution may e generatc, as many things do in this world.
Mr. WASHBURNE, of Illinois. My colleague entirely misapprebends the character of this bill. It is certainly for one of the most laudable objects to which our attention could possibly be called, and I think the provision to which the gentleman alludes is one of the best revisions of the bill. It provides that the unds of these orphans shal be kept by the institution, and the interest paid to them, until they come ofuge. The bill is designed for the purpose of protecting, educating, and caring for the orphans of soldiers and sailors.
Mr. HARDING, of Illinois. I moveto strike out that 8th section.
Mr. ROSS. I uggest to my colleague if it would not be better to refer this bill to the ComJudiciary or some other committee that will examine it. I have no objection to the object of the bill, but I think it had better be referred and examined.
Mr. HARDING, of Illinois. objection to its reference. in I have no
Mr. WASHBURNE, of Illinois. If the House desires it
Mr. HARDING, of Illinois. I have the floor now.
Mr. WASHBURNE, of Illinois. Then let the gentleman take charge of the bill.
Mr. HARDING, of Illinois. I will take charge of it. if the gentleman wants me to. We have asystem of laws throughout the U.S. by which the interest of the mine r children of our (lead soldiers is secured. The Government itself which makes these grants to these or bans provides a ilace where this money shall) be cared for and kept safe and secure. But, overriding all that system, it is proposed to provide here by a general sweeping clause that whenever the money of these orphans gets into the bands of this corporation, the custody of the funds shall be in the management of these directors. To that I am opposed. It is too large and sweepinga provision. I do not understand how the funds of these orphans will ever get into the possession of these directors. I shall move to refer the bill, unless my colleague will consent to strike out this section.
Mr.WASHBURNE, of Illinois. The Gentleman can make his motion, and the House can do what they please about it.
Mr. DELANO. Is it in order to move to refer the bill to the ComJudiciary?
Mr. DELANO. I make that motion, then, in entire friendship to the measure, and simply because I do not think it is likely to be perfected in this mode and I move that the committee have leave to report it at an time.
Mr. HARDING, of Illinois. Then with drawm motion to strike out the 8th section.
Mr. WASHBURNE, of Illinois. I assent to the motion of the Gentfrom Ohio. I have no desire to press this bill against the objection of a single man here. Lt
Mr. DELANO. I have no objection to the bill. My object is to get it through. The motion was agreed to. So the bill was reerred to the ComJudiciary, with leave to report at any time.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. WILLIAM J. the doNALD, its Chief Clerk, informed the House that the Senate had agreed to the amendments of the House to the bill of the Senate No. 155, concerning the boundaries of the State of Nevada. The message further informed the House that the Senate had passed a concurrent resolution providing that the standing Committees of the 2 Houses on Public Buildings and Grounds be instructed to inquire and report what further provision, if any, should be made for the accommodation of the State Dept, in which the concurrence of the House mrequested. The message further informed the House that the Senate had passed bills and a JtResolution of the following titles; in which the concurrence of the House was requested: An act (S.No.99) granting lands to the State of Oregon to aid in the construction of a military road from Albany, Oregon, to the eastern boundary of said State An act (S. No.230) to reimburse the State of WestVirginia for moneys expended for the U.S. in enrolling, equipping, and pay in military forces to aid in suppressing the reellion; An act (S.No.274) for the relief of John Ericsson; andJtResolution (S.R.No. 71) referring the petition and papers in the case of Joseph Nock to the Court of Claims. WITHDIKAWAL OF PAPERS. On motion of
Mr. DELANO, leave was anted for the withdrawal from the files of the House of the papers, copies being left, in the cases of W. P. Jones, Benjamin Roach, J. A. Hudiiall, and Amisted T. M. Filler. On motion of
Mr. ORTH, leave was granted for the withdrawal from the files of the House of the papers in the case of James Nokcs, copies being left. Wisooxsm RAILROAD GRANTS.
Mr. ELDRIDGE, by unanimous consent, introduced a JtResolution explanatory of and in addition to the act of May 5, 1864, entitled “An act grantin lands to aidin the construction of certain rai roads in the State of Wisconsin;”
Skip Skip which was read a 1st and 2nd time, and referred to the ComPubLands. Mr. WASHBURNE, of Illinois, mtRtv the JtResolution was referred; upon the table. Agreed to. SALE OF school LANDS.
Mr. UPSON, by unanimous consent introduced a bill to amend section 2 O an not entitled “An act to authorize the Legislatures of the States of Illinois, Arkansas, Louisiana, and Tennessee to sell the lands heretofore appropriated for the use of schools in those States, ” which was read a 1st and 2nd time, and referred to the ComPubLands. 0right of way for the road along there. ESTABLISHMENT OF IOST ROUTES.
Mr. LYNCH, by unanimous consent, introduced a bill to establish certain post routes which was read a 1st and 2nd time, an referred to the ComPostOffice. WESTVIRGINIA WAR CLAIMS.
Mr. HUBBARD, of WestVirginia. I ask consent of the House to take from the Speakers table, and have referred to the ComAppropriations, Senate bill No. 230, to reimburse the State of WestVirginia for moneys expended for the U.S. in enrolling, equipping, and pay in military forces to aid in nu ressin the reel ion.
Mr. WASHBURNE, of Illinois. I object, unless it be to refer to the ComClaims.
Mr. HUBBARD, ofWestVirginia. It makes a specific appropriation, and therefore should go to the ComAppropriations.
Mr. WASHBUBNE, otpfiline is. I think it is high time this question of jurisdiction over bills of this character should be determined by this House. The ComAppropriations has no right to consider these bills, but they should go to the ComClaims.
The SPEAKER. As objection is made the bill will not be taken up now. TERRITORIAL BUSINESS.
Mr. ASHLEY, of Ohio. I understand that the Gentfrom Kentucky [Mr. HARDING] withdraws the objection he made some time since to allowing the ComTerritor to have an hour for the consideration of their business after the morning hour of tomorrow shall have been concluded.
Mr. DEMING. I renew the objection. WAGON ROAD IN DAKOTA TERRITORY.
Mr. BURLEIGH. I ask unanimous consent to have the following preamble and resolution considered at this time: whorcas an not of Congresswas namedMarch 3, L863.entitled "An act to prondo for the construction of certain wagon roads in the Territories of Idaho. Montana. Dakota and Nebraska;" and whereasby said not the sum of $20,000was appropriated for the construction of a wagonro ad from a point at orncar the mouth of the Big Sioux river. via Yuneton, Dakota Territory, to a pouit at or near the mouth 01 the Bi Chcvenno river. thence up said river to its main ork. t ciieo up the north fork to a point of intersection with the road from Niobrara: and whereas the work on said wagon road is reported to have been commencedand for advancedin 1865b. y ordersfrom the SecyInterior. during the rose cution of which work treatios are claimed to have been made with the Indian tribes occupying the country through which said road is locate. by which the right O way was scoured to the U.S.; and whereas the SecyInterioris represented to have ordered a suspensionof work upon said Cheyenneroad and required the superin tendent having charge of the construction of the same, to turn oyer all of the stock impleinents and moneyappropriated and purchase for the said road to thesuperintendoiit of the Niobrarit road. whereby the opening and construction of the cheen noroad are prevented. to the Great iiuury of the orritory of Dakota: Therefore. Ruched. That the SecyInterior be requestedto inform this House whethor the work on the said road has been arrestedor interrupted by his orders and if so. for what reason the somehas condonc; whetheranyof the money supprn riiited thereto have beendiverted to the usesof the l iobrarii ornny other roadmentionedin saidncl. with the authority. ifany in that case.for said diversion.
Mr. GRINNELL. Before determinin whether I shall object to the introduction of this resolution at this time, I would inquire of the gentleman whether he has sought the information he asks at the Dept of the Interior, and if he has been unable to obtain it there.
Mr. BURLEIGI I. Iwillsii thnttwoyears ago an appropriation was made for the construction of this wagon road. Since that time it is said that treaties have been made with the Indians along the line of the road, and it is said that the Government has secured the I now understand that since those treaties have been made orders have been issued to suspend work upon this road, upon the ground that the Indians will not allow it to proceed. Now, I want to know whether there is anything in those treaties, or whether they are mere shams. O I have applied, but have not been able to obtain the information at the Interior Dept, and I have introduced this resolution in order to ascertain the facts in the case.
Mr. HUBBARD, of Iowa. I object. FREDERICK COUNTY, VIRGINIA. On motion of
Mr. LAWRENCE, of Ohio, the ComJudiciary were discharged from the further consideration of the petition of citizens of Frederick county, Virginia, asking that that county be attached to e State of WestVirginia; and the same was laid upon the table. JOHN ERICSSON.
Mr. GRISWOLD. I ask unanimous consent to take from the Speakers table. for reference to the ComNavAffrs. Senate bill No. 274. for the relief of John Ericssoii.
Mr. WASHBURNE, of Illinois. I ask that the bill be read. The bill was accordingly read. It directs the SecyTreasury to pay to John Ericsson the sum of $13, 930, in full for his services in planning the U.S. war steamer Princeton, and in planning and superintending the construction of the machinery for the same.
Mr. wASHBURNE, of Illinois. I have no objection to its reference. It contains an appropriation and will have to go to the Coin Whole, anyhow, when it shall be reported from that committee. The bill was taken from the Speakers table, read a 1st and 2nd time, and referred to the ComNavAffrs and then, on motion of
Mr. WASHBURNE, of Illinois, (at 4 oclock and ten minutes p. m.) the House adjourned.
@@@IN SENATE SENATE. FRIDAY, May 4, 1866. Prayer by the Chaplain, Rev. E. H. GRAY. The Journal of yesterday was read and approved.
Mr. CLARK, from the ComClaims, to whom was referred the bill (H. It. No. 619) to amend an act entitled “An act to provide for the pament of horses and other property de stroye in the military service of the U.S., ” approved June 24, 1864, reported it without amendment. He also, from the same committee, to whom was referred the bill (S.No.46) for the relief of Henry M. Whittlesey, reported adversely thereon.
Mr. RAMSEY, from the ComPostOffices, to whom was referred the bill (S.No.95) providing for the appointment of a commission to purchase a site and erect a building for a postoffice, customhouse, and for holding the courts of the U.S., in the city of StPaul, reported it with amendments.
Mr. WILLIAMS, from the ComClaims, to whom was referred the bill (H.R.No. 386) for the relief of Francis A. Gibbons, re iorted it without amendment.
Mr. MORRILL, from the ComClaims, to whom was referred the JtResolution (S.R.No. 52) authorizing the SecyTreasury to change the name of the steamboat City of Richmond to the City of Portland, reported it with an amendment. He also, mm the same committee to whom. was referred the bill (S.No.222) further to prevent smuggling, and for other purposes, reported it. with amendments. BILLS INTRODUCED.
Mr. HOWARD asked, and by unanimous consent obtained, leave to introduce a hill (8.No. 303 for the relief of Joshua Hill, which was read twice by its title, and with the accompanying papers presented by him, referred to the ComClaims.
Mr. POLAND asked, and by unanimous consent obtained, leave to introduce a bill (S.No.304) for the reliefof Mrs. Eastman, mother and sole heir of Alfred W. Eastman, deceased which was read twice by its title, and referred to the ComClaims.
Mr. RIDDLE asked, and by unanimous consent obtained, leave to introduce a bill (S.No.305) to amend an act entitled “An act concernin notaries public for the District of Colum in, ” approved April 8, 1864; which was read twice y its title, and referred to the ComDistCol.
Mr. TRUMBULL asked, and by unanimous consent obtained, leave to introduce a bill (S.No.306) relating to the granting of passports; which was read twice by its title, and ordered to be printed. HOUSE BILLS REFERRED. The following bills from the HoRep were severally read twice by their titles and referred to the ComTerritor: A bill (H.R.No. 179) amendatory of the organic act of Washington Territory; A bill (H.R.No. 202) to amend an act entitled “An act to provide a temporary government for the Territory of Montana, ” approved may 26, 1864; and JtResolution (H.R.No. 32) to facilitate communication with certain Territories. REV. HARRISON HEERMANCE.
Mr. WILSON. I desire to call up a JtResolution which I supposed was passed the other day; but I findit was not. It is the JtResolution (H.R.No. 107 for the relief of Rev. Harrison Heermance, ate chaplain of the 128 h regiment NewYork volunteers which was recommitted to the ComMilAffrs for the purpose of having a report in the case, and again reported with a report which has been printed. The motion was agreed to; and the Senate, as in ComWhole, proceeded to consider the bill. The JtResolution was reported to the senate without amendment, or ered to a 3rd reading, read the 3rd time, and passed. ADVERSE REPORTS OF ComcClaims.
Mr. CLARK. I asked the Senate the day before yesterday to allow me some time today for the business of the ComClaims; and if there he no pressing business in the morning hour, I should like to begin now, so as to get through early. I move that the senate procced to the consideration of the report No. 2 of the ComClaims on the petition of John Nabb and Sarah N ahb, an adverse report. he motion was agreed to. JOHN XAIlIl.
The PRESIDENT pro(cm ore. The report of the committee will be reatf Mr. CLARK. Perhn sIcan state the ease a little more succinctly than it is stated in the report. The petitioners in this case state 3 accounts for which they ask payment of the U.S., the 1st of which is an account for damage to the 3story brick and tile house No. 70 Church street. Charleston. SCarolina, for which they ask the U.S. to pay $1, 604 44. They also state an account for the rent of the house and for the price of a slave who was sold and the price went into the hands of a trustee of theirs. appointed by them, and for that they ask the U.S. to pay $3, 125. They also ask that the U.S shall pay them the amount of a deposit which they made in a savings bank in Charleston, SCarolina, which they lost in the rebellion, amonnting to $678. The committee report an adverse resolution that the prayer of the etitioners ought not to be granted; and I think that is evident without stating the case further.
The PRESIDENT temporction is on agreeing to thzti the committee. The resolution was adopted. 1. A. LEWIS. On motion of
Mr. CLARK, the Senate proceeded to consider the adverse report gNo. 6). of the ComClaims on the petition of F. A. Lewis.
Mr. CLARK. The report of the committee in this case is as follows: The petitioner setsforth that in consequenceof the legislation of Congress he has been unjustly deprived O his property to the value of 815.527 the larger portion being negrom: and further that the socalled confederate government has in en from him his other property to the value of 84,000f or which that government promisedto pay him: and the U.S. have overthrownt o confederate government, they are justly responsible for its debts. The committee are unable to appreciate the sound npeosrtsipornJustice of the reasoning in relation to either of this claim. The petitioner has deemedit unnecessary to fortify either portion of his claims with a article of evi idnenVeieewbaetyothned fhoirse goowinngsatlaletegmateionnt.s. ahske tchoempmasitstaegee. of the following resolution: 1 Regain ed That the prayer of the petition of F. A. Lewis ought not to be granted. The resolution was adopted. OWNERS or THE BRIG sanso. On ine tion of Mr. CLARK, the Senate proceeded to consider the adverse report (No. 8) of the ComClaims on the etition of Dayid Baker, Mowrey de Steere, amucl True, and Nathaniel Crowell. owners of the briSabao.
Mr. CLARK. The committee in this case report a resolution that the prayer of the petitioners ought not to be granted, and unless some one desires to have the report read, or some portion of it stated, showing the nature of the case, I will ask the Senate to take the question on the adopti0i90f the resolution. The resolution was adopted. J. W. DOWNEY. On motion of
Mr. CLARK, the Senate proceeded to consider the adverse report (No. 9) of the ComClaims on the petition of J. W. Downey.
Mr. CLARK. This petitioner prays for the restoration of his real estate taken and sold under the confiscation act, and the committee report a resolutioulthat the prayer of the petitioner ought not to he ranted. The resolution was opted. SELINA BARCLAY. On motion of
Mr. CLARK, the Senate proceeded to consider the adverse report(No. 10) of the ComClaims on the petition of Selina Barclay.
Mr. CLARK. This etitioner prays for relief for the burning of or house which was burnt by the destruction of the navy yard at Gosport, Virginia, by the rebels. The committee report a resolution that the prayer of the petitioner ought not to be granted. a The resolution was adopted. JOHN AHEBN. On motion of
Mr. CLARK, the Senate proceeded to consider the adverse reon (No. 12) of the ComClaims on the petition of John Ahern. Mr. CLARK. Thispetitioner prays to be indemnified for loss on a contract with the acting asst provost marshal general of the northern district of NewYork for board and rations furnished to the U.S. for soldiers and recruits at the city of Albany in 1863, 1864, and 1865; and the committee report adversely to the prayer of the petitioner. m The report was agreed to. JEROME B. PILLOW. On motion of
Mr. CLARK, the Senate proceeded to consider the adverse report (No. 16) of the ComClaims on the petition of Jerome B. Pillow.
Mr. CLARK. This fpetitioner sets forth that he is a loyal citizen O Arkansas and asks pay for cotton which was carried away by our so esolution reported by. The quesi diers. The committee report a resolution that the prayer of the petitioner ought not to be granted. The resolution was adopted. JOHN EGNOLF. On motion of
Mr. CLARK. the Senate proceeded to consider the adverse report (No. 16) of the ComClaims on the petition of John Egnolf.
Mr. CLARK. This petitioner rays for compensation for the loss of a Ca ifornia bond. he committee report a resolution that the prayer of the petitioner ought not to be granted. The resolution was agreed to. WARREN, noon, and HUMPHREY. On motion of
Mr. CLARK, the Senate proceeded to consider the adverse report (No. 18 v of the ComClaims (in the petition O George Warren, Daniel Hood, and Calvin R. Humphrey.
Mr. CLARK. The committee in this case report a resolution that the prayer of the petitioners ought not to be granted. The resolution was agreed to. MRS. KATE PETTIT. On motion of
Mr. CLARK, the Senate proceeded to consider the adverse report (No. 19) of the ComClaims on the petition of Mrs. Kate Pettit.
Mr. CLARK. I call the attention of the Senate to the report in this case. as it is short, and involves, perhaps, a new principle. The ComClaims. towhom was referred the petitions and papersrelative to the claim of Mrs. Kate Pettit I have considered the same.andmake the following report: The petitioner alleges that in July, 1865.she was walking on the sidewalk of a street in the city of Georgetown in this District and was knocked down by iiGovernment wagon through the careless or reckless management of the driver; that as acou sequence. shweashythisaccident seriously and irreparably in ured, wherebyshe lost the use ofono of her arms.an wasput to great costand expense. She also alleges that she is awidow in indigent circumstancesmnthtwo small children dependentupon her for support. Considering the allegations and circumstancesin this case lo be proved, lhe committce know of no rule bywhich the Government can beholdenfortho illegal and unauthorized actsof its servants; cases 0ft is character may appeal to our sympathy. but from reasons of public policy can never be allowed as claims by Congress. The committee recommend the passageof the following resolution:. Resolved, That the prayer of the petitioner cannot be granted. The resolution was adopted. ALONZO uonsa. On motion of
Mr. CLARK, the Senate proceeded to consider the adverse report (N o. 20) of the ComClaims on the petition of Alonzo Morse.
Mr. CLARK. This etitioner prays indom nification for certainU.S. notes lost by the bumin of his dwelling house, and the committee may ean adverse report. The notes were in part compound interest notes, and in art notes which could not be identified. The Treasury Dept paid him for those which could be identified, and the committee report against the balance of the claim. on the ground that there is no identification. The report was agreed to. LIEUTENANT COLONEL REYNOLDS. On motion of
Mr. CLARK, the Senate proceeded to consider the adverse report (No. 21) of the ComClaims on the petition of Brevet Lieutenant Colonel S. M. Reynolds.
Mr. CLARK. This petitioner prays to be relieved from responsibility for money stolen from him on the 22d December 1865; and I call the attention of the Senate to it, as the money was lost at one of the banking houses in this city. The committee come to an adverse conclusion on this matter, and report a resolution that the prayer of the petitioner ought not to be granted. The resolution was agreed to. SWl IlINY, RITTENHOUSE and COMPANY. On motion of
Mr. CLARK, the Senate proceeded to consider the adverse report (No. 22) of the ComClaims on the petition of Sweeny. Rittenhouse, Faut & Co.
Mr. CLARK. The prayer of the petition in this case is that the be allowed to go to the Court of Claims. 1 ie have been once to the Court of Claims, and had an adverse report when the court consisted of 3 judges; an the want new, when it consists of 5. to see if they cannot get a favorable report. The ComClaims came to the conclusion to report against it. The report was agreed to. FRANCIS MILLER. On motion of
Mr. CLARK, the Senate proceeded to consider the adverse report (No. 23).of the ComClaims, on the petition of Francis Miller.
Mr. CLARK. This petitioner entered into contract with the Government for the furnishing of certain supplies, the price of which he found afterward to be raised in the market, audhe refused to deliver the supplies. He now asks that the Government should pay him that portion of the money which was retained ii on is contract for the portion that he did furnish. The committee came to the conclusion that it should not be paid to him because he refused to perform his contract. They therefore report a resolution that the prayer of the petitioner oughtnot. to be grante.The resolution was adopted. JOHN
Mr. CLARK, the Senate proceeded to consider the adverse report of the ComClaims on the petition of John
Mr. CLARK. This is a claim for damages for the seizure of a vessel by some of our naval vessels as a blockade runner. The committee came to the conclusion that there was probablecause for the seizure, and that no damages should be paid. The report was agreed to. P. A. WHEELER.
Mr. CLARK. The next report is one not printed, on the petition of P. A. Wheeler. It is an adverse report. I move that it he agreed to. The report was agreed to. CYRUS M. HARMON.
Mr. CLARK. The next report is No. 37, on the case of Cyrus M. Harmon. The etitioner was the owner of a newspaperinWestVirginia, and the rebels got possession of a large portion of the country embracing the coon? ofJackson, where he ived, and on the 4th O September, 1864, occu ied Ravenswood, and immediately destroed the resses, stock, and ty e of the establisment. c desires the U.S. to pay for it. The committee came to the conclusion to report adversely. The report was agreed to. COLONEL D. D. TOMPKINS.
Mr. CLARK. The next adverse report is No. 40, on the etition of the executors of the late Colonel D. Tompkins. Colonel Tomp kins was ordered to reside in the barracks furnished for the U.S. troops at NewOrleans. He chose afterward to reside in the city, and he demanded commutation for rent and quarters, which the Dept refused to allow him. The committee think the Dept were right, and therefore recommend that the prayero the petition be refused. The report was agreed to. EPimAIM HUNT.
Mr. CLARK. The next report is No. 41, on the etition of E hraim Hunt.
Mr. FESSENDEN. In rerdto that there have been several reports in tavor of Ephraim Hunt which have been acted upon by this body, and a bill has been passed. There is now an adverse report. If the Senator is willingI should prefer that it should lie over.
The PRESIDENT protempera. will be passed over. The case gsso TsMQsGREsSIQssL amm My}: REBEOCA S. MINE R.
Mr. CLARK. The next reart is No. 42, on the petition of Rebecca S. ine r. The petitioner asks for compensation for fences and buildings taken by troops of the U.S. near Natchez, Mississippi, and used for fuel. The case was wholly unsupported by evidence, and the committee recommend that she have leave to withdraw her petition. The report was agreed to. MARIA GENAUD.
Mr. CLARK. The next report is No. 48, on the claim of Maria Genau, heir of Jean Hudry. The committee report that the of the petitioner ought not to be grante pr.ayer The report was agreed to. GEORGE D. C. HIDBS.
Mr. CLARK. The next report is No. 49, On the petition of George D. Hibbs. The committee report against the claim. The report was agreed to. MARY E. TWIFOHD.
Mr. CLARK. The next is No. 52, in the case of Mary E. Twiford. I think one of the Senators from WestVirginia presented the petition in this case. The committee came to the conclusion that they did not see any ground on which the claim could be allowed. It is a case where a house belonging to a widow lady was burned by the rebels because, as was supposed, she had given information to our troops.
Mr. VANWINKLE. I think the Senator is mistaken about that claim having been presented by any of the Senators from WestVirginia.
Mr. CLARK. I may be mistaken about that. I merelymentioned that because I did not know but that the Senators might desire their attention called to it. The report was agreed to. ANTHONY S. ROBINSON.
Mr. CLARK. The next report is No. 56, on the petition of Anthony S. Robinson. It is an a verse report, that the prayer of the petitioner should not be granted. The report was agreed to. AARON VANCAM P.
Mr. CLARK. The next is No. 57, on the etition of Aaron Van Camp and Virginius. Chapin, an adverse report. The report was agreed to. HIOMAS LAURENT.
Mr. CLARK. The next is No. 61, an adverse report in the case of Thomas Laurent. The report was agreed to. H. CLAY WOOD.
Mr. CLARK. The next is an adverse report, No. 62, on the petition of H. Clay Wood.
Mr. FESSENDEN. I should like to have that laid over. I believe 1presented the papers.
Mr. CLARK. I have no objection to its lying over for consideration.
The PRESIDENT protempura. The case will he passed over by common consent. no Senator insisting upon a vote. JOSIAH 0. ARMES.
Mr. CLARK. coed to the consideration of the bill (S. 16) for the reliefofJosiah O. Arines, on which there is ending a motion to reconsider.
Mr. FIESSENDEN. I suggest to the senator whether, as that will occasion consider able debate, he had not better pass it over, and take up the other hills which will not occasion debate, and dispose of them in the 1st place.
Mr. CLARK. I propose to take the nestion upon the reconsideration 1st, and It ink that will not lead to much debate; and then, if the vote is reconsidered, I will agree to postpone the bill and take up the other bills. do not know that anybody wants to debate it: upon the motion to reconsider. I propose amply to make a very short statement in regard I now ask the Senate to $111) o.
The PRESIDENT protempera. The nestion is on the motion of the Senfrom NewHampshire, that the Senate proceed to the consideration of this subject. The motion was agreed to.
The PRESlDENT protemo. The question now is, Will the Senate reconsider the vote by which the bill was passed?
Mr. CLARK. This bill was passed by the HoRep at the last session of congress, and came to the Senate and was passed ere. The committee had examined the claim very thoroughly, and came to the conclusion, I think unanimously, that the claim ought to be paid. The bill was passed. The bill having been passed by both. Houses of Congress, it went to the enrolling clerk. But by a misJake of the clerk it failed to be enrol ed, and did not reach the President for his signature. The bill was reintroduced and taken up, I think, on the 1st or 2nd day of this session, and was passed by the Senate and sent to the other House. It was then brought back here by a message for the purpose of entering a motiOn to reconsider. I desire to state that this loss of the party is fully proved. The value of the property is fully proved. The title is fully proved. The Union sentiments and services ot the man who makes the claim are fully proved. It is also fully proved that the man himself furnished a good deal of information and assistance to the troops of the U.S. It is proved that his wife left her home in the night time, and came through our lines for the purpose of delivering information, and was fired upon by the ickets. It is raved, also, as hearing on the nionism of is man, that he has a son who has been in our service through the rebellion, and is still in the service. I hope it will not be reconsidered, but I am willing to have the question taken without any further dete.
The PRESIDENT protempore. The question is, Will the Senate reconsider its vote passing the bill?
Mr. NESMITH. I ask the Senfrom NewHampshire what amount is appropriated by this bili.)
Mr. CLARK. About 10,000 dollars. It has been objected by some Senator that it will lead to a large outlay and expenditure; but from the experience and information of the ComClaims I think there are no facts to justify that fear. It does not seem to me to be so.
Mr. WILSON. As the bill has been once passed by the Senate the whole question is involved in the reconsideration. I the Senfrom NewHampshire is willing to let. the vote passing it be reconsidered, and then to let it lie over without action, I have no objection.
Mr. CLARK. I do not propose to let it he over longerthan until we have considerd certain other bills. I am willing, as a test of the sense of the Senate, to take the vote upon the reconsideration without further debate, and then, if the bill should be reconsidered, to let it lie over, for we can debate it fully on the passage of the bill.
Mr. WILSON. The reconidemtion covers the whole question; and if it should happen not to be reconsidered the bill passes out of our power. We have got to meet it now, therefore. If we go on with this question at this time I suppose the Senator Will hardly have time to consider his other propositions. I sngglest that he allow the vote on the passage of tobill to be reconsidered, or else let the wholequestion go over.
Mr. CLARK. Well. I will let it pass by, and take up other bills, if Seooters desire to debate it.
Mr. JOHNSON. Let it be reconsidered 1st.
Mr. CLARK. No, I do not propose to have it reconsidered.
The PRESIDENT protempore. The question will be passed by, no objection being made to that course. AMOSKEAG MANUFACTURING COMPANY.
Mr. CLARK. I move now to take a bill (S.No.225) for the relief of the keag Manufacturing Company. The motion was agreed to; and the bill was read the 2nd time, and considered as in ComWhole. Its purpose is to require the SecyTreasury to pay to the Aiiioskeag Manufacturing Company the sum of $1, 650 in full for 3 regimental cook wagons furnished the Government in 1861.
Mr. POMEROY. I should like to know why the company did not get their pay if they furnished these wagons. If the wagons weic furnished by the company upon an order from the quarter master or from any competent authority they onght to have got their pay. Why did the not?
Mr. CLARK. I will state that these wag ons were furnished on the order of genlFremontwhen he was in command at StLouis; they were well made, and the bills for them were reasonable. The claim was presented to the quartermaster and the parties relied upon the quartermaster, submittingitto the commission which was or aiiized toconsider the claims for supplies furnis ied underGenlFremont, but the quartermaster neglected to do so, supposing that the parties would present it to the commission or this reason the claim failed to be presented to the commissioners, and the parties were not paid on that account. The wagons were taken and used, and were servicenble.
Mr. CLARK, the bill (H.R.No. 214) for the bQnefit of Colonel
Mr. E. Bryant was considered as in ComWhole. It proposes to require the properaccounting officers of the Treasury to allow
Mr. E. Bry ant, late commissary of subsistence, on settlement of his account, a credit of $1, 484 13, the vouchers and accounts for which were lost and destroyed, falling into the hands of the enemy at Holly S rings, Mississippi, on the 20th day of September, 1862, if on examining the evidence by the Commissary General he shall deem him justly entitled to the credit; but the credit is not to be allowed unless the Commis aary General shall certify aproval thereof.
Mr. CLARK. Iwill sayt at the committee have examined the papers and find that the case is well proved before them; but have put in the clause requiring the approval of the Commissary General, so thatif anything should occur at the Dept the claim nee not be paid unless it be right.
Skip Skip The bill was reported to the Senate without amendment, ordered to a 3rd reading read the 3rd time, and passed. ADJOURNMENT TO MONDAY. On motion of
Mr. CLARK, it was Ordered.That when the Senate adjourn today, it beto Monday next.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep. by Mr. McPHBBSON, its Clerk, announced that the HoRep had passed the JtResolution (S.R.No. 80) extending the time for the completion of the Union Pacific railway eastern division, with an amendment. in which it requested the concurrence of the Senate. I ENROLLED BILLS SIGNED. The message further announced that the Speaker of the HoRep had signed the following enrolled hills; which there upon received the signature of the President protempore of the Senate: A bill (S.No.26) to encourage telegraphic communication between the U.S and the island of Cuba and other Westlndiaislaads, the mos and the Bahamas; A bill (S.No.74) for the admission of the State of Colorado into the Union; and A bill (S.No.155) concerning the boundaries of the State of Nevada. DANIEL WINSLOW.
Mr. CLARK. I move to take up Senate bill No. 140, for the relief of Daniel Winslow. The motion was agreed to; and the bill was considered as in ComWhole. lt proposes to release and relieve Daniel Winslow and his legal representatives from all judgments, and from all liens and incumbrances of judgments in favor of the U.S., here tofore obtained against Winslow, in any district court of the U.S., upon a contract entered into by him with the c ief of the Bureau of Provisions and Clothing, to deliver at the navyard in Charlestown, Massachusetts, 1800 barrels of Navy beef; which contract was dated September 29, 1846; the moanin" of the act being to release Winslow from alI liability arising out of the contract or any bond given to secure its performance thereof, and from all judgments founded on the same. whether against himself alone or himself and his suretics, but not to relieve him of any levies heretofore made or sums paid on those judgments.
Mr. JOHNSON. What is the ground of that?
Mr. CLARK. I am asked by the Senfrom Maryland to State the ground of the claim. During the Mexican war this party made acou tract with the Government to furnish a certain amount of beef for the Navy. He went on to furnish the beef, but the price of beef rose very much upon his hands. e still, however, continued to furnish, as far as he was able, until he became entirely ruined. His property was seized and all his lands and goods taken. His bondsmen were some years 2 released. The man himselfhas nothing. He has acted hou estly and done everythm he could, and the committee think he should be relieved.
Skip Skip The bill was reported to the Senate without amendment, orderengross for a 3rd reading, read the 3rd time, and passed. JOHN H. CROWELL.
Mr. CLARK. I move to take up Senate bill No. 278. The motion was a d to; and the hill (8. No. 278) for the reIieet?of Captain John H. Crowcll, asst quartermaster in the U.S. Army, was read the 2nd time and considered as in ComWhole. By its revisions the properaccounting officers of t ie Treasury are to be authorized to allow Captain John H. Crowell, on a settlement of his accounts, a credit of $225, for so much money disbursed by him to persons in the service of the U.S., in payment for such services, the vouchers for which payment were captured by the rebels and destroyed in an attac upbon the camp at Baton Rouge, Louisiana, where he was stationed on the 5th day of Au ust, 1862, if, on examining the accounts O Crowell, the QuarterMGen shall deem himjustly entitled to this credit, and shall certify his approval thereof to the accountin officers. The bilfwus reported to the Senate without amendment, orderengross for a 3rd reading, read the 3rd time, and passed.
Mr. CLARK. I move next totake up House bill No. 847. The motion was agreed to; and the bill (H.R.No. 347) for the relief of
Mr. L. B. Clarke was considered as in ComWhole. It proposes to direct the Treasurer of the U.S. to ay the sum of $1,500 to Mr. L. B. Clarke, in all for the time and eXpense incurred by him in contesting the seat of Au stus Hall, from the 1st district of Iowa, in the 34thCongress.
Skip Skip The bill was reported to the Senate without amendment, ordered to a 3rd reading, read the 3rd time, and passed. COURT OI" CLAIMS.
Mr. CLARK. I move that the Senate now proceed to the consideration of a House bill reported from the ComJudiciary, but affecting claims. It is a hill extending the jurisdiction of the Court of Claims. The motion was agreed to; and the biMr. No. 473) to extend the jurisdiction of the Court of Claims was considered as in ComWhole. The bill provides in the 1st section that the Court of Claims shall have jurisdiction to hear and determine the claim of any paymaster. quartermaster, commissary of subsistence, or other disbursing officer of the U.S., or of his administrators or executors, for relicf from responsibility on account oflosses by capture or otherwise, while in the line of his dut, of Government funds, vouchers, records, an papers in his charge, and for which such officer was and is held resonsible; but an appeal may be taken to the upreme Court as In other cases. By the 2nd section, whenever the Court of Claims shall have ascertained the facts of any such loss to have been without fault or neglect on the part of any such otheer, it is to make a decree setting forth the amount thereof, upon which the properaccountin odicers of the Treasury are to allow to such officer the amount so decreed as a credit in the settlement of his accounts.
Mr. DOOLITTLE. I did not understand what committee it was that reported this bill. Several Summons. The ComJudiciary.
Mr. CLARK. We were all agreed upon it in the ComJudiciary. It does not increase the jurisdiction very much, but sends a class of cases to the court which are now very troublesome to us.
Mr. DOOLITTLE. It appears to me, from the reading of it, to change the burden of proof in regard to these quartermasters and commissarics claims.
Mr. CLARK. It simply sends these cases to the Court of Claims, where they are examined much more thoroughly, where the Government is heard from: but if they come before the ComClaims there is nobody to represent the Government. The ComJudiciary thought it much safer to let them go before the Court of Claims.
Mr. GRIMES. I should like to inquire of the Senfrom NewHampshire what is meant by the last section of this bill. Suppose a balance should be found in favor of a uurtermaster or other officer; is it intende that a decree shall be entered up against the Government of the U.S.?
Mr. CLARK. No; it does not allow a set off.
Mr. GRIMES. suppose there is a balance found in favor of the disbursing Officer against the Government over and above the charges against him.
Mr. CLARK. This is confined to a certain class of cases. those where vouchers or funds have been lost, and to reach no other class of cases. There have been a good many of these cases arising during the war, where the vouchers have been captured by the enemy, where they have been destroyed, sometimes by fire or otherwise. orincvitable casualty. The committee thought itwas very much better that they should go before the Court of Claims than to come licfore the committees of the 2 Houses, where they now come, because they are examined in the court more thoroughly; there is there an officer of the Government to appear in behalf of the Government, whereas before the committees we have no such officer and very often have no such proof except such as we can get by sending to the Depts. The ComJudiciary, therefore I think they were unanimous in regard to it came to the conclusion that it was better that the parties should go to the Court of Claims for that purpose. The bill, however, does not undertake to allow the court to adjudicate upon any balance of accounts. The bill was passed. LOUDON COUNTY LCYLLISTS.
Mr. CLARK. The next bill is the bill (S.No.277) for the relief of loyal citizens of london county, Virginia. That bill is in charge of the Senfrom Wisconsin, Mr. Howad I do not see him in his seat, and propose, therefore, to let it be passed over.
The PRESID NT protempers. The bill will not be taken u Without a motion.
Mr. CLARK. s the Senate is thin, and the only remaining bill is that of Mr. Armes, and it may be desirable that Senators should be present when that is disposed of, I propose to pass it ever at present, and I shall move, at some favorable moment, that it be taken up. QUARTERMASTER and COMMISSARY SUPPLIES.
Mr. POLAND. I more to amend the bill by adding to the 3rd section these words: and such judgmentsshull bepaid onto!“any money in the Treasury appropriated for the payment for quartormastersstoresand subsistence respectively.
Mr. WILSON. Why not let these claims, like others, wait for the properappropriation?
Mr. POLAND. This merely makes provision for the payment of the judgments that are authorized. ltis notann propriation of itself.
Mr. CLARK. With the permission of the Senfrom Vermont, I will say to the Senfrom Massachusetts that this amendment provides for the payment of these claims out of the proper fund. They are properly quartermasters and commissaries charges, and this amendment simply is that they shall be paid out of those fun s, and not out of the general fund, so as to be chargeable to the quartermasters and subsistence Depts respectively. 1
Mr. TRUMBULL. The committee thought there was some danger in permitting these claims for quartermusters and commissary stores to be paid on the mere certificate of a quartermaster or commissary. That is the present law, and under it they are referred to clerks, althon h they involve very large amounts. We t ought it safer, where the amount of the claim exceeds $500, to send it to the Court of Claims. At present, if the claims are allowed they are paid out of the funds appropriated for the commissary and quartermasters Depts. Now, we propose to send them to the Court of Claims, and it is properthat they should be paid out of the same fund that they would if allowed at the office. The opinion of the committee was that it was safer, where they exceeded $500, to make the parties go into the court, where the question will be examined on both sides.
Mr. GRIMES. Does it send all caes there?
Mr. TRUMBULL. All above $500 all that class of cases which the law covers. The amendment was agreed to. The bill was reporte to the Senate as amended.
Mr. GRIMES. Does this cover everything transportation, &c., I would inquire of the Senfrom Illinois.
Mr. TRUMBULL. The Senfrom Ver mont has charge of the bill.
Mr. POLAND. The 1st 2 sections of the bill provide, the one for the payment of quartermasters stores, and the other for the payment of subsistence. These 2 sections are precise copies of an act that was passed a year or 2 ago, except that they restrict the amount of claims which can be settled in the Dept to those not exceedin 500 dollars. The 3rd section of t 10bill provides that claims of the character named in the 1st 2 sections above $500 shall go to the Court of Claims, and the bill is extended in both classes of claims, irrespective of the amount of the claims, to the claims of loyal citizens in all parts of the U.S. These are the only changes in the present law.
Mr. GRIMES. I suggest to the Senator who reported this bill that it does not embrace as much as it on ht to embrace. It ought to embrace cases O transportation. There has been more swindling and fraud perpetrated against the Government growing out of charter parties fOr transport ship s
Mr. TRUMBULL. Are not those all settled?
Mr. GRIMES. No, sir. I know of some most enormous cases which are yet in abey ance, and I trust the committee will amend this bill so as to include them.
Mr. POLAND. Claims for quartermasters stores below $500 it is provided shall be settled at the QuarterMGens Office, and claims for subsistence below $500 are to be Settled by the Commissary General; and then the bill provides that both classes of claims above $500 shall go to the Court of Claims and be settled there.
Mr. GRIMES. I find no fault with the bill as it stands. It embraces quartermasters stores; but the term “quartermasters stores” does not include claims for transportation; I mean sea going transportation an river transportation, which has amounted to 100s of millions of dollars during the war. Many of those claims are still in abeyance, unadudicated, unsettled. What I desire is, that these large claims shallalso go to the Court of Claims and be adjudicated there, instead of being decided by a clerk in the quartermasters Dept. I an est to the Senfrom Ver mont to change is bill, so as to include all claims growin out of transportation by water.
Mr. POLAI D. I do not see that there can be any objection to that, but under the 3rd section of this bill all claims of that character aboye $500 are to go to the Court of Claims. It would be hardly proper of course to send that class of claims to the QuarterMGens Office or to the Commissary General.
Mr. GRIMES. The QuarterMGen has that now. All charter parties for the transportation of troops or munitions of war are made by the quartermasters Dept, and not by the commissary Dept or any other bureau.
Mr. POLAND. Are those claims now set tied in the QuarterMGens office?
Mr. GRIMES. Yes, sir. What I want is not only to include uartermasters stores, which are included in the bill. but to include all claims growin out of transportation by land or water for the Army.
Mr. GRIMES. This is a subject that I have no charge of. I did not know there was any such bilI here. I know that great frauds have been constantly perpetrated growing out of transportation by water. I could state some most extraordinary cases that have occurred, some of which I understand are now under consideration and are being passed upon by a simple clerk in the quartermasters Deptcases of controversy between the Government and contractors, owners of vessels, and men who executed the charter parties. If, however, the committee who have charge of the bill do not think it advisable to extend it so as to cover cases of that character, I am not going to insist upon it. The amendment made as in ComWhole Was concurred in.
Mr. WILLIAMS. 1 hope that this bill will not be passed at this time. I did not anticipate that it wonld be brought up toda, and I desire an opportunity to examine it. am not satis no objection to that course. lied that such a bill as this ought to pass at this time; and I ask the Senator who we charge of the bill to postpone it and fix some definite time when it can e taken up and considered. I think it is a very important bill, and it needs examination and cons1deration before the senate decide to pass it.
Mr.POLAND. I have no objection to the bill being laid over to some future day, if it can be an early day, and we can have n time fixed when we can take it up. it is a bill which, if passed at all. should be passed soon.
Mr. WILLIAMS. Say next Tuesday at one oclock.
Mr. POLAND. That will be satisfactoryto me.
Mr. FESSENDEN. I desire to take up a little bill of which the Senfrom Minnesota { Mr. RAMSEY] has charge, and which will give rise to no discussion.
The PRESIDENT protempore. The bill before the Senate is not yet disposed of. Does the Senfrom Vermont make a motion in regard to it?
Mr. POMEROY. I move that its further consideration be ost oned to and made the special order of the ay for Tuesday next at one oclock.
Mr. CLARK. Do not make it a special order.
Mr. FESSENDEN. Let it O over sim ly, without making it a special order. The Senator will get it up just as well.
Mr. POLAND. If Senators desire it, I have Let it go over generally.
The PRESIDENT protempore. It is moved that the further consideration of this bill be postponed until Tuesday next. the motion was agreed to. GEORGE HENRY rnEBLa.
Mr. RAMSEY. I now move that the senate proceed to the consideration of the bill (S. No.176) for the relief of George Henry Preble, a communderin the Navy of the U.S. The motion was agreed to; and the bill was read a 2nd time and considered as in ComWhole. It directs the properaccounting officers of the Treasury, in settling the accounts of George Henry Preble, a commander in the Navy of the U.S., to allow him pay as a commander from the 16th of July, 1802, in the same way and manner as if the order discharging him from the naval service had never been issued.
Skip Skip The bill was reported to the Senate without amendment, orderengross for a 3rd reading, read the 3rd time, and passed. CONGREGATIONAL SOCIETY OF WASHINGTON.
Mr. POMEROY. I move that the Senate proceed to the consideration of Senate hill 0. 253.
Mr. POMEROY. “A bill to incorporate the Congregational Society of Washington.” The motion was agreed to; and the Senate, as in ComWhole, proceeded to consider the bill. It proposes to create Oliver 0. Howard, Silas H. O es, Daniel L. Eaton, Henry A. Brewster, Char cs H. Bliss, Ezra L. Stevens, Benjamin F. Morris, Daniel Tyler, Llewellyn Deane, S. C. Pomeroy, and Calving S. Mattoon, and their associates, a tic and corporate by the name of btohdey poilrist Congregational Society of Washington, with all the powers incident to cororations and usually enjoed by them, and sue as are requi site to enab of them to sustain religious wors ip in Washington, in the DistCol, and to erect and maintain edifices for that purpose, and parsonages; and the society areto e exempt from any taxes to be assessed upon their property, under the authority of Congress or of the DistCol or the city or county of Washin n.
Mr. POMERO. While Isymputhize fully with the society, I move to strike out the name of “ S. C. Pomeroy" from the list of corpora tors. I did uot know that that name was in the hill.
The PRESIDENT protempers. The name will be stricken out at the suggestion of the Senator, if there be no objection.
Skip Skip The bill was reported to the Senate as amended; the amendment was concurred in.
Mr. GRIMES. I will inquire what committee reported this bill.
Mr. GRIMES. I ask that question with a view of inquiring whether or not this bill is drawn in accordance with the usual acts of incorporations of this description. I understand that it exempts the property of this church to any extent that they may own property in the District from taxation.
Mr. POMEROY. The exemption from taxation is limited “ to sufficient property to enable them to sustain religious worshi.”
Mr. JOHNSON. How mom will be sufficient for that nix pose?
Mr. GRIMhS. All I desire is, that they shall stand on the same footing with other religious denominations. I do not know whether this bill is in accordance with the practice in nting these acts ofincorporation or not.
Mr. POhIEROY. The hill was reported from the ComDistCol, and the Senfrom Maine, [Mr. Mon RILL] who had charge of it, is outot the Chamber at this moment.
Mr. RIDDLE. I will state that this bill was thoroughly examined by the committee, and it is in accordance with the other bills incor porating these churches, and is not excessive at all. It is the intention of the committee at some future day to draw up a general bill allowing religious societies to come in and be incor porated as is customar in the States.
Mr. POMEROY. did not draw the bill, but I understand it is copied from the bill in corporating the Presbyterian churches in this city., Mr. JOHNSON. Does it limit the amount of the property?
Mr. JOHNSON. Is it limited by feet and acres?
Mr. GRIMES. There is no limit in the bill, as I understand it.
Mr. POMEROY. The bill authorizes them “to purchase, hold, and convey real and personallestate, make contracts." &c., to such an extent “as to enable them to sustain reli ous worship in Washington, in the DistCol, and to erect and maintain edifices for that purpose, and parsonages; and said society shall be exempt from any taxes to be assessed upon their property, under the authority of Congress or of the DistCol or of the city or county of Washington."
Mr. JOHNSON. That is a departure, if my friend will permit me to say so, from the policy that Maryland has always adopted and the policy which I think has been adopted by most of the States. We limit the amount of property that these corporations shall hold by constitutional provision, subject only to the qualification that the Legislature may authorize a larger amount to be held than the constitution by its terms authorizes. Under this bill, it would be exceedingly ditheult tolimit the quan tity or value of real estate which this corporation may hold. “
Mr. GRIMES. Say “not to exceed 100,000 dollars.” Mr., PO.lEROY. I have no objection to that. I will move to add as a proviso to the 1st Section, the following: Provided, That the amount of the value of real fitrgto shall not exceed 100,000 dol
The PRESIDENT protempore. That proviso will be added by common consent to the bill. ifthm e be no objection.
Skip Skip The bill was orderengross for a 1 3rd reading, was read the 3rd time. and? passed. 1 There ought to be a limit, PACIFIC RAILROAD, EASTERN DIVISION. The Senate proceeded to consider thnfimeudment of the HoRep to the JtResolution (S.R.No. 80) extending the time for the completion of the Union Pacific railway, eastern division, which was to add the following as an additional section: SIC. 2 and be“further resolved. That the time for commencing and completing the Northern Pacific railroad and all its severalsections.is extended for the term of 2 years.
Mr. POMEROY. I move that the Senate concur in that amendment. The motion was agreed to.
Mr. GRIMES. I will not undertake to controvert the many merits which the Senator has suggested as being embodied in his militia bill, but I think most of the Senators present will agree with me that whether it be meritorious or not, now is not the propertime to proceed to the consideration of so importanta bill when there are not more than ten or a dozen members present. It is true that the HoRep have killed their Army bill, as the Senator has said, and I congratulate the House and the country upon the fact. If they will now only kill the Army bill we sent to them they will have accomplished an object equally as great and good, I think, for we have now a large Army, 50,000 men, being 1/2 more than we can keep full, and I know of no necessity for increasing the Army. If it bsin order I move that the Senate proceed to the consideration of executive business.
Mr. POLAND. Before that is done I hope the Senator will allow me to make a motion to reconsider.
Mr. GRIMES. Iwithdraw the motion for the present in order to enable the Senfrom Vermont to make his motion. postoffice APPROPRIATION BILL.
Mr. POLAND. On my motion yesterday the vote by which the postoffice appropriation bill was passed was reconsidered. Ildesire now to move to reconsider the vote by which the amendment to the bill otfered by the Senfrom Illinois [Mr. TRUMBULL] was adopted, so as to bring the whole subject before the “caste.
Mr. CLARK. I suggest to the Senator not to take 11 that matter now. The PI ESIDENT protempore. It is moved that the Senate reconsider its vote adopting the amendment otiered by the Senfrom Illinois to the bill indicated by the Senfrom Vermont.
Mr. POLAND. I do not ask that the motion be considered now; I desire only to have it entered.
The PRESIDENT prolempore. The motion to reconsider will be entered.
Mr. GRIMES. Ine w renew the motion that the Senate proceed to the consideration of executive business. The motion was agreed to; and after 2 hours spent in executive session, the doors were reopened, and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. FRIDAY, May 4, 1866. The House met at 12 oclock m. by the Chaplain, Rev. C. B. Bovirrox. The Journal of yesterday was read and approved. Prayer CORRECTION.
Mr. UPSON. I rise to a correction of. the Journal of Wednesday, as well as of the Globe. I find myself recorded on the passage of the Army.bill as absent and not voting. I was present and voted in the negative. I have just curned of the error, or would have asked to have the correction made yesterday. The Journal was corrected accordingly. EMlEltOIt OF RUSSIA.
Mr. STEVENS. I ask the unanimous consent of the House to introduce aJtResolution relative to the recent attempted assassination of the Emperor of Russia. The resolution was read, and is as follows: Resolved b the Senate and HoRep of the U.S.A. in Congress assembled. hat the Congressof the U.S.A. has learned With deepregretthe attempt madeupon the life of the Emperor of Russia by an enemy of emancipation. The Congresssend their greeting to his Imperial Majesty and to the Russian nation and connratulate the 20 million serfs upon the prov idontial ese ape from dun crof thesovereign towhose head and heart they owet c blessings of their freedom.
Skip SKip There was no objection. The JtResolution was read a 1st and 2nd time, orderengross and read a 3rd time; and being engrossed, it was accord in 1 read the 3rd time. STEVENS demanded the previous question. The previous question was 2nded and the main question ordered. Mr. GRINN ELL demanded the yeas and hugsh.e House divided; and there were ayes 17, noes 43. Mr. ANCONA demanded tellers. Tellers were ordered; and Messrs. GRINNELL and Ase osa were appointed. The House was again divided; and the tellers remrted ayes 29, more than one 5th O those present. So the yeas&nays were ordered. The question was taken; and it was decided in the affirmative ycas 124, nays 0, not voting 69; So the JtResolution was passed unanimously. During the roll call, Mr. ANCONA stated that, in deference to wishes of friends, he would change his vote, and vote in the afirmative, although against his own conviction of propriety. The vote was then announced as above recorded. Mr. STEVENS mtRtv the JtResolution was passed; upon the table. Agreed to. INTERNALREVENUE BILL.
Mr. MORRILL. Mr. Speaker, I ask unan imous consent. that the internalrevenue bill, as modified by the ComWays&Means, with additions including further subjects, and with errors corrected, may be ordered to be rerinted, and that as reprinted, it shall be to on up on Monday next. It was ordered accordingly.
Mr. ANCONA. I would inquire whether this will include the extra copies ordered some days since; if not, whether the same number of copies of the corrections should not be printed.
Mr. MORRILL. It will not extend to the extra copies, because those are already printed.
Mr. ANCONA. But a small portion of them, I believe. I suggest. an amendment, that it embrace the extra copies remaining that have not been printed.
Mr. MORRHLL. I think they have all been printed, but I see no objection.
Mr. CHANDLER. I move that the same numberofextracopies of the corrected billbe issued. It is very necessary that this bill should be distributed among our constituents.
The SPEAKER. That goes to the ComPrintg under the law. MILITARY and NAVAL APPOINTMENTS.
Mr. PAINE. I ask unanimous consent to introduce for present action a JtResolution which I am sure will commend itself to the justice of every member of the House so that there will be no objection. It is in relation to the ages at which young men who have served in the Army or Navy during the late rebellion shall be eligible to appointment to the Military and Naval Academics. A provision relating to the Military Academy was embodied in the Army bill which has recently been before the House. I awaited the result of the action of the House on that bill before offering this resolution. But inasmuch as it may be sometime before final action is had on that measure, and cases are arising daily, and many must arise before the lst of July next, so that this measurewill be of practical importance to the country, I sincere y hope the House will now take action upon it.
Mr.WASHBURNE, of Illinois. I will object to it if it gives rise to discussion, not otherwise. The JtResolution was read. It provides that those who have performed meritorious service in the U.S. Army as officers or enlisted men, for n period of not less than 2 years during the late rebellion, shall be eligible to appointment to the U.S. Military Acadeni until 24 years of age, and to the oval Academy until 21 years of age; and all persons who have performed such service for a period of less than 2 cars shall be eligible to appointment to the military Academ until 23 years of age, and to the oval Academy until 20 years of a e. gMr. RANDALL, of Pennsylvania. I object unless the gentleman will agree to put in the word “ white.”
Mr. PAINE. That amounts to an objection to the introduction of the resolution. CORRECTIONS 0! THE JOURNAL.
Mr. ALLISON. I see by reference to the Globe that my name is not recorded upon the final vote on the bill to admit the State of Colorado. I voted in the negative. I ask to have the Journal corrected accordingly.
Mr. VANHORN, of NewYork. Iam recorded as not having voted on the admission of Colorado. I voted in the affirmative.
Mr. PEltHAM. I am also recorded as not voting on the passage of that bill. I voted in the negative.
The SPEAKER. The correction will be made. CORRESPONDENCE OF THE STATE DEPT.
Mr. BANKS, by unanimous consent, submitted certain correspondence of the SecyState with the ritish minister, on the subject of the claim of Thomas Miller and William Fisher, British subjects, on account of alleged illegal arrest; which was ordered to be printed, and referred to the Committee on Foreign Adairs. Also a letter from the SecyState, transmitting a correspondence relative to the claim of Charles Allen, a British subject, for compensation for injury done to his property near Vicksburg, received April 27, 1866 which was ordered to be printed and referre to the ComForAffrs. cusnon or unrnaniien. On motion of
Mr. INGERSOLL, by unani. mous consent, the ComDistCol was discharged from the further consideration of bill of the House No. 404, to amend an not entitled “An act toincorporate the Guardian Society, and provide for reforming juvenile offendersin the DistCol;” also, an act entitled “An act ranting certain privileges to the Guardian Society of the DistCol;” and the some were refer red to the ComPubBldg and Grounds. HABEASCORPUS.
Mr. COOK. I am instructed by the committee of conference on the disagreeing votes of the 2 Houses on the habeascorpus bill to make a report, which I ask to have read. The report was read, and is as follows: The committee of conference on the disagreeing votesof the 2 House! of Congresson the mendmentsof theSe nntcto the bill (11.11N. 0.288)toamend an act entitled "An act relatingto habeuncor 1mand regulating fiudieial proceedings in certain cases, " approved arch 3, 1863, having met. after full and free conference have agreedto recommend, and do recommend to their respectiveHousesas follows: That the HoRep concur in the 1st. 2nd.3rd. 4t. 5th and 7th amendmentsof the Senate. That the HoRep concur in the 6th nineuduient ot the Senate.with anamendment. as follows: strike out all after the word "act" in the 4th line of said amendment. LDYAMNAIENL CLARK. Manager anI)": tRUMBULL Senate. SBUARMTUOENL C. COOK. Manager: McKEE. on lheparl of the hM
Skip Skip Mr. COOK. I demand the previous question on the report. The previous question was 2nded and the mainquestion ordered. Mr. liDRlDGE demanded the yeas&nays on the adoption of the report. Mr. ANCONA called for tellers on the yeas&nays. Tellers Were not ordered., The yeas&nays were not ordered. The report of the committee of conference was agreed to. Mr. COOK mtRtv the report was agreed to; 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 i the same: An act for the admission of the State of colorado into the Union; An act to encourage telegraphic communication between the U.S and the island of Cuba and the other West India islands, and the Bahamas; and An act concerning the boundaries of the State of Nevada.
Mr. WASHBURNE, of Illinois. I demand the regular order of business. CHARLES BREWER and COMPANY. The House resumed. as the regular order of business, the consideration of a bill for the relief of Charles Brewer 8. Co., which was pending at the expiration of the morning hour on Frida last. The bill, which was read, directs the SecyTreasury to pay to Charles Brewer 82 0., of Boston, Massachusetts, the sum of $8, 620, in full for the passage in the Hawaiian bark Kamehameha, of68 destitute sea men belonging to American vessels which were burned by the Anglo confederate pirate Shen and oah, from the island of Ase pension to Hon olulu.
Skip Skip The bill was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time and passed. Mr.WASHBURNE, of Illinois, mtRtv the bill was passed; upon the table. The atter motion was agreed to. HEIRS OF PETER HESS, DECEASED.
Mr. ECKLEY, from the ComPubLands, reported a bill to authorize the issuing of a military land warrant to Frederick Berlin, assignee of the heirs of Peter Hess, deceased. The bill was read a 1st and 2nd time. It directs the SecyInterior to issue to Frederick Berlin, as the assignee of the heirs at law of Peter Hess, deceased, a military land warrant for 40 acres of land in lieu of military land warrant No. 17, 308, heretofore issued to Peter Hess, deceased, in his life time, but which was not located.
Skip Skip The bill was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time and passed. Mr. ECKLEY mtRtv the bill was passed; upon the table. Agreed to. SURVEYOR GENERAL FOR IDAHO.
Mr. ECKLEY, from the ComPubLands, reported back House bill No. 891, to create the office of surveyor general in Idaho Territory. The question was upon ordering the bill to be engrossed and read a 3rd time. The bill was read. It provides that the President, by and with the advice and consent of the Senate, shall be authorized to a point a surveyor general for the Territory O Idaho, who shal be allowed an annual salary of $3,000, with the same power, authority, and duties as those provide by law for the surveyor general of r on; and to have a properallowance for clerk ire, office rent, and fuel, not exceeding that allowed by law to the surveyor general of Oregon, the office to be located at Boise City, Idaho Territory.
Mr. UPSON. I would inquire of the Gentfrom Ohio, [Mr. ECKLEY] what is the ordinary salary of a surveyor general of a new Territory?
Mr. ECKLEY. The salary of the surveyor general of each of the 2 districts out of which this is made is $3,000 a year.
Mr. UPSON. I know that the salar of the surveyor general of the Territory of akota was $2,000 a year; whether there was or not much land there capable of being surveyed.
Mr. ECKHEY. I do not know how that is. The surveyor general does not survey the lands.
Skip Skip The bill was then orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time and passed. Mr. ECKL Y mtRtv the bill was passed; upon the table. Agreed to. SOSE OL RANCH, CALIFORNIA.
Mr. McRUER, from the ComPubLands. reported back House bill No. 200, to amend an act of Congress entitled “ An act to grant the right of preemption to certain purchasers on the Sose ol ranch, in California, " with a recommendation that it do not pass; and moved that the same be laid on the table. The motion was agreed to. 135mm; or LAND PATENTS.
Mr. McRUER, from the ComPubLands, also reported back House bill No. 67, to authorize the issue of patents for lands in certain cases, with a recommendation that it do not pass; and moved that the same be laid on the table. The motion was agreed to. LAND TITLES IN BENICIA, CALIFORNIA. (Mr. McRUER, from the ComPubLands, also reported a bill to quiet the title to certain lands within the corporate limits of the city of Benicia, California. The bill was read a 1st and 2nd time. The question was upon ordering the bill to be engrossed and rea a 3rd time. The bill was read in full. It provides that the right and title of the U.S. to the lands situated within the corporate limits of the city of Benicia, California, as defined in the act incor orating said city, passed by the Legislature of the State of California April 24, 1861, shall be relinquished and granted to that city upon trust that so much of said lands asis in the bonafide occupancy of parties by themselves or their assignees upon the passage of this act shall be conveyed to such parties by the city; provided that this relinquishment and rant shaIi not extend to lands occupied by the U.S. as a military depot, or to lands heretofore reserved by the U.S. for public purposes; thatt is grant shall notinter ere with or prejudice any valid adverse right or claim. if such exist, to any part of saidland, or preclude a judicial examination and adjustment thereof; and provided further, that said city shall pay into the treasu of the U.S., at the office of the sub reasnrer at SanFrancise o, for the land the title to which is hereby granted and relinquished, at the rate of $1 25 peracre, within one year of the return to the GLO at Washington of an approved plat of the exterior limits of said city 111connection with the lines of the public surveys.
Mr. CHANLER. I would ask the Gentfrom California [Mr. McRwnn] if the value of land in the city O Benicia is only $1 25 an acre.
Mr. McRUER. I will state to the Gentfrom NewYork [Mr. Enanman] that the city of Benicia was built upon what was considered private land. It was upon what is termed the Sose ol ranch, the title to which was confirmed by the land commissioners appointed by Congress to examine land claims in California. That decision was afterward confirmed by the U.S. district court of California. But after a succession of years, n on an appeal to the SCOTUS the decision was reversed, and the original hIexican grant rejected upon what are considered to be technical grounds. Therefore the parties who seek the rightto purchase this land from the U.S. at $1 25 peracre, have already paid various prices for it, some of them perhaps as high as $1,000 peracre, and even higher. These individuals have made purchases in good faith, and have paid a valuable consideration. upon the belief that the recurchased was private property and pit ijs rdiielined an act of pjusticelihalt, thiyzy, should have the right to enter their lands at the rate of $1 25 peracre, and get a title from the U.S. I think there can be no objection to the passage of the bill, and I demand the previous question.
Mr. ECKLEY. I trust the gentleman will withdraw for one moment the call for the previous question, as I desire to strike out the lastproviso of the bill.
Mr. BIDWELL. I trust that that amendment will be made.
Mr. McRUER. I withdraw the call for the previous question, and yield to the Gentfrom Ohio, Mr. ECKLEY.]
Mr. ECK EY. I move to amend by striking out the following: and providedfurther, That the said city shall a, into the Treasury of the U.S., at the O no of the sub Treasurer at SanFrancise o, for the land. the title to which is herebygrantedand relinquished. at the rate of 1 25peracre within one ear of the return to the GLO at Was mzton of a private plat of the exterior limitsof said city, in connection with the lines of the public surveys.
Mr. McRUER. I have no objection to that, if there is no Opposition to it on the part of the House. Iconsider it an act of equity to the residents of the city of Benicia; but desire that the passage of the bill shall not be prejudiced for the sake of this small sum of money.
Mr. ECKLEY. I think there will be no objection to the amendment.
Mr. BIDWELL. I trust there will be no opposition to the amendment. Mr. McRUEIt. I now renew the demand for the previous question.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the amendment of Mr. ECKLEY was agreed to. The bill, as amended, was orderengross and read a 3rd time; and engrossed, being it was accordingly read the3rd time and passed. Mr. McHUER mtRtv the bill was passed; on the table. Agreed to. BENICIA, CALIFORNIA.
Mr. McRUER, from the ComPubLands, reported back House bill No. 269 entitled “An act for the relief of citizens o Benicia, in Solano count, State of California, ” with a recommendation that it do not pass; and moved that the same be laid on the table. The motion was agreed to. A. L. OOODRICH and N. CORNISH.
Mr. McRUER, from the comPostOffice, reported back a JtResolution (H.R.No. 77) for the relief of Ambrose L. Goodrich and Nathan Cornish. The JtResolution, which was read, provides that the PostMGenl be eat orized to audit and settle, as to him may appear just and equitable, the demand of Ambrose L. goodrich and Nathan Cornish for carryin the U.S. mail on route 16001, from oise City to Idaho City, in the Territory of Idaho, from the 5th day of July, 1804, until the lst da ofJuly, 1805.
Skip Skip The JtResolution was ordered to be engrossed and read a 3rd time; and bein engrossed, it was accordingly read the3rd time and passed. Mr. Mc tUEIt mtRtv the JtResolution was passed; on the table. Agreed to. WELLINGTON and nonsnv.
Mr. McRUER, from the comPostOffice, reported back Senate bill No. 2l0, for the relief of Welling ton 8: Dorsey, with a recommendation that it do not pass; and moved that the same be laid on the table. The motion was agreed to. SANITARY CONDITION OF WASHINGTON.
Mr. INGERSOLL. By direction of the ComDistCol, I de sire to move that the ComWhole or the state of the Union be discharged from thfurther consideration of the JtResolution (H.R.No. 121) to place funds in the hruds of the ComrPubBldg for sanitary purposes, and that the House proceed to the consideration of the JtResolution at the present time.
Mr. WASHBURNE, of Illinois. My colleague, [Mr. litesiisoLL] I believe, proposes to make some amendments to the bill.
Mr. INGERSOLL. I did; but upon inquiry, I find that the city of Washington has appropriated more money for the purpose of cleaning the streets and alleys than this resolution pro. esto appropriate; that the city corporation has done its fu I share toward putting the city ir. a proper sanitary condition, and that the sum proposed to be appropriated by the Jtresolution is no more t ian will be required for putting the avenues in a proper condition. do not therefore propose any amendment. If my colleague proposes any I am ready to hear it.
Mr. BEAMAN. Is the motion of the Gentfrom Illinois in order now?
Skip Skip MESSAGE FROM THE PRESIDENT. A message in writin was received from the POTUS, by Mr. Enwiiim COOPER, his Private Secretary who also an nounced that the President had approved and signed an act to provide for the better organization of the pay Dept of the Navy. BALTIMORE and IOTOMAC RAILROAD COMPANY.
Mr. McCULLOUGH, from the ComDistCol, reported back House bill No. 388, to authorize the extension, construction, and use of a lateral branch of the Baltimore and Potomac railroad into and within the DistCol, with amendments. The Clerk proceeded to read the bill.
Mr. BEAMAN. Is that a private bill? I;" ise the point of order that it is not.
Mr. GARFIELD. Would a bill in reference to suffrage in this District be a private bill?
The SPEAKER. It would not. Privatebills relate generally to individuals or corporations. The same volume of May sParliamentary Pradtice states that private bills “are for the interest of an individual, a public company or car oration, alparish, a city, a count, or other locality.” t must not be a gener hill in its enactments, but “a bill for the particular interest or benefit of aperson or persons.” As an illustration, opensiop bill for the relief of a.sol diers widow is a private bill, buta general bill granting pensions to any class of such persons as a class instead of as individuals is a public bill. So far as the reading has progressed, the Chair infers the pending bill is couiiued to this District. The Clerk then concluded the reading of the hi 1. The amendments of the committee were read and adopted, as follows: On page3.1innsix, add “necessaryfor the construction of said road, “ and in line 16 strike out the word " inhabitants" and insert "citizens." On page 5. line 49. at the and of the section, insert, “which courts shall have thesamejurjsdictiop and powersover thesubjcot matterasthesaid circuit courts have under the act aforesaid." 0n ago 7. line 4, strike out “ 16 ” and insert "12" and in line 14.same page, after the Word“and” insert the word "any."
Mr. McCULLOUGH. By the act of incor poration this company have a right to make ateral roads, provnle the do not extend be yond the limit of 20 mi es. This bill gives them a right to make from some point 12 miles below Washington alateral road into the city of Washin on.
Mr. ROSS. move as an amendment to strike out. “four eaisy and insert “two years, ” and also to strie out “six years” and insert “four years.” I think they should be limited to 2 yet"? to commence and 4 yearsto finish the wor.
Skip Skip The amendment was agreed to. The bill, as amended, was orderengross and read a 3rd time; and bein engrossed, it was accordingly read the3rd time and passed. Mr. McCULLOUGH mtRtv thibill was passed; upon the table. Agreed to. HOWARD INSTITUTE and HOME.
Mr. INGElt SOLL, from the ComDistCol, reported back House bill No. 482, to incorporate the Howard lustitute and Home of the DistCol, with a recommendation that it pass. The bill was read. It constitutes James M. Edmunds, and others, a body politic for the establishment of the said Institute for the instruction of freedmen, and fit them for independent support, furnishing also a temporary liome for the sick.
Skip Skip The bill was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time and passed. Mr. INGERSOLL mtRtv the bill was passed; on the table. Agreed to. WASHINGTON ACADEMY OF MUSIC.
Mr. INGERSOLL, from the ComDistCol, reported back House bill No. 510, to incorporate the Academy of Music of Washington city, with a recommendation that it pass. The bill was read. It constitutes Max Stra kose h, and others, corporators, and fixes the capital at $500,000, in shares of 50 dollars eac.
Skip Skip The bill was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time and passed. Mr. INGERSOLL mtRtv the bill was passed; on the table. Agreed to. WASHINGTON GAS LIGHT COMPANY.
Mr. INGERSOLL, from the ComDistCol, reported back a bill to amend the charter of the Washington Gas Light Company, recommending its passage. he bill was read. It increases the stock of the company $500,000.
Skip Skip The bill was orderengross and read a 3rd time; and bein engrossed, it was accordingly read the 3rd time and passed. Mr. INGERSOLL mtRtv the bill.was passed; on the table. Agreed to. NATIONAL SAFE DEPOSIT COMPANY.
Mr. INGERSOLL, from the ComDistCol, reported back, with a recommendation that it do not pass, House bill No. 338, to incorgorate the National Safe Deposit Company of Vashington, and moved that the some he laid on the table. The bill was accordingly laid on the table. J. w. NYE. On motion of
Mr. INGERSOLL, the ComDistCol was discharged from the further consideration of the papers relating to the claim of J. W. Nye, as signee, &c.; and the same were referred to the ComClaims. NATIONAL THEOLOGICAL INSTITUTE.
Mr. WELKER from thOCommittce for the District of Colum in, reported back House bill No. 352, to incorporate the National Association to Educate Colored Men for the Christian Ministry, with a substitute, recommending that the substitute be adopted. The substitute was read. It creates Abra ham D. Gillette, and others, a bodyolitic for the establishment of a national theological institute to educate ersous for the Christian ministry. It provides that no person shall be excluded from the institute on account of theological belief. The substitute was agreed to. The bill, as amended, was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time and passed. On motion of
Mr. WELKER, the title was amended so as to read, “ An act to incorporate the National Theological Institute.”
Mr. WELKEH. mtRtv the bill was passed and the title amended; upon the table. Agreed to. LEVY COURT OF WASIHINGTO)v COUNTY.
Mr. INGEESOLL, from the ComDistCol, reported back bill of the Senate No 90, enlarging the powers of the levy court of the county of Washington, in, the DistCol, with the recommendation that it do ass. The bil empowers the levy court of the county of Washington, in the DistCol. to declare and locate as public high ways such roads known and used as “military roads" in the DistCol during the rebellion, as the court may deem advisab c. It provides further, that the damages which the owners of land may sustain shall be assessed as provided for in section 3 of the act of Congress approved July 1, 1812, “conferring certain powers on the levy court for the county of Washin ton in the DistCol.”
Mr. WILSON, of Iowa. I would ask the Gentfrom Illinois what provision the law of 1812 makes for the payment of the damages when assessed.
Mr. INGERSOLL. It makes provision that the damages be assessed by a jury of 12 citizens of the vicinage, an the money is to be paid before the use of the road is entered on.
Mr. WILSON, of Iowa. From what source do they get the fund from which to pay the damages?
Mr. INGERSOLL. From the fund raised lg the county taxes out of the county treasury. odphrt of it comes out of the Government fun s.
Skip Skip The bill was ordered to a 3rd reading; and it was accordingly read the 3rd time and passed. Mr. INGERSOLL mtRtv the bill was passed; upon the table. Agreed to. REFORM schoolIN THE DISTCOL
Mr. BALDWIN, from the ComDistCol, reported back, with sundry amendments, bill of the House No. 379, to establish in the DistCol a reform school for boys. The bill was read.
The SPEAKER. The morning hour has expired, and the bill goes over. MILITARY ACADEMY APPOINTMENTS.
Mr. PAINE. I have so modified the joint; resolution which I offered this morning that the Gentfrom Pennsylvania [Mr. as Withdrawn his objection, and IMAnoNwUALa sLg unanimous consent to introduce it. The jomt resolution, as modified, was read, as follows: Be it moloed by the Senaleand HoRep. That all personswho have performedmer itorious services as officers or enlisted men in the Army of the U.S. for a period of not less than 2 years during the late rebellion shall, if possessing the otherfigmliflcations now prescribed y law, be eligible to o a pointed to the Military Academy of the U.S. Stater until 24 years of pee: and all persons who have performed such servwcsfor a criod ofless than 2 yearnshall, if possessing the ot ier qualifications now rescribed by law, be eligible to appointment to sai Military Academy until 2t reo yearsof age. No objection being made, the JtResolution was received and read a 1st and 2nd time.
Mr. SCHENCK. I move that the JtResolution referred to the ComMilAdams. I like it as far as it goes, but I think it ought to go further.
Mr. lAINE. The only objection I have to the reference is, that unless this JtResolution is soon passed, candidates who are best qualified of all may be ineligible for the appointments to he made before the lst of next July on account of age. A case of that kind may occur in my own district.
Mr. WASHBURNE, of Illinois. I suggest to my friend that he ask leave for the committee to report at any timp.
Mr. SpHENCK. Ipromise him that it shall be reported back within 3 days, if the House will allow.
Mr. GARFIELD. The appointments are not to be made until the 1st ofJuly.
Mr. SCHENCKS motion was agreed to; and the JtResolution was referred to the ComMilAffr. By unanimous consent, leave was granted to the committee to report it back at any time. BALTIMORE and OHIO RAILROAD.
Mr. McCULLOUGH, by unanimous consent, introduced a bill to authorize the extension, construction, and use by the Baltimore and Ohio Railroad Company ofu railroad from between Knoxville and the Mouocacy Junction into and within the DistCol; which was read a 1st and 2nd time, and referred to the ComDistCol. GENERAL OF THE U.S. ARMY.
Mr. DEMING called for the regular order of business.
Mr. LEBLOND. I would inquire of the Gentfrom Connecticut [.Mr. DEMING] whether the amendment proposed by thaMilitory Committee increases the pay of the officers of the Army above what it was during the war.
Mr. DEMING. The amendment proposed by the committee decreases very materially the pay provided by the bill originally referred to the ComMilAffrs. It makes the pay of general but $130 permonth, or $1.560 peryear, more than that of lieutenant general; and if the gentleman lind waited a few moments he would have heard the expla nation of all the provisions of the bill which I propose to give the House. Mr. LEBLOND. I should be glad to hear the reasons for the increase of pay.
Skip Skip Mr. DEMING. I call the previous question upon the amendment of the ComMilAffrs. The previous question was 2nded and the main question ordered; and under the operation thereof the amendment was agreed to. The question was upon ordering the bill, as amended, to he.engrossed and read athiid time.
Mr. STEVENS. Will the gentleman permit me to offer an amendment?
Mr. STEVENS. I desire to offer the following as a proviso: Provided, That whenever a vacancy shall occur in the ofllco of lieutenant general, by promotion or otherwise.the vacancy shall not be filled until after the death or resignation of Licutennnt Gcucrul Winfield Scott; and thereafter there shall be but one lieutenant general.
Mr. DEMing. I think the amendment offered by the Gentfrom Pennsylvania [Mr. Srizvnxs] will tend very seriously to cm barrass this bill and as he can have an opportunity of offering that same amendment to another military bill which will provide for the office of lieutenunt neral, I would prefer that he reserve it until tion.
Mr. STEVENS. I thought for a moment that the amendment I propose would tend to embarrass this bill, I would not offer it. But it is for the purpose of making the bill more likely to satisfy the House that I have offered it.
Mr. DEMING. Very well; I am perfectly willing that the sense of the House shall be taken upon the amendment. The question was upon the amendment proposed by Mr. Srnvsss.
The Clerk read as follows: Hmoousnrnas Minirsav DIVISION or run Mississlrrr. x run Fisnn Cmrnnooox. Tnxsnssnn. December10.l883. The general commanding takes this opportnpity of returning his sincerethanks and congratulationsto the brave armies of the Cumberland, the Ohio, the Tennessee, and their comradesfrom the Potomac, for the recent splendid and decisive successesachieved over the enemy. In ashort time you haverecovered from him the control of the Tennesseeriver from Ilridevport to Knoxville. You dislodged lnm from his great stronghold upon Lookout Mountain, drove him from Chattanoogavalley, wrested from is do termined urasntho possessionof Missionary ldge. repelledwith henvy In. to him his repeatedassaults upon Knoxville. forcing him to raise the slege there, driving him at all points. utterly routed and discom fited.beyond the limits of the State. By your noble heroism and determined courage you lave most effectually defeated the plans of the enemyfor regaining possessionof the States of Kentucky and Tennessee. You have securedpositions from which no "obel Iious powercan drive or dislodge you. For all this thohgeneraleommandm thanks youcollective and individually. the loya appleof the U.S. thank and bless you. T on hopesand prayers for your successagainst this unholy rebellion are with ypufiaily. Their faith in you Wlll not he In vain. heir hopes will not be blasted. Their prayers to Almighty Godwill beanswered. Yo uwrll go to other fieldsofstrile: and with the invincible brayery and unflinching loyalty to Justice and risht which have characterizedyou In the past you Will rovo that no enomvean withstand you and that no efenses.how ever ormidable.can check your onward march. By order of U. S. RANT. Major General.
Mr. DEMING. If no other gentleman de sires to speak I will call the previous question.
Mr. McKEE. I hope the gentleman will withdraw that call for a few moments.
Mr. FINCK. Mr. Speaker. I had hoped that there would be no discordantvoico in this House upon the passage of this bill. I had trusted that at least in reference to this testimonialof our regardto so distinguished acharacter as Lieutenant GenlGrant there would be but one voice here among the peoples Representatives. 1 do not rise for the purpose of detaining the House, or saying anything in regard to the history of GenlGrant; for this has been done full and ably by those who have preceded me. desire, however, to state that I shall vote for the passage of this bill, because I believe it due as a testimonial of the nations gratitude to GenlGrant. I honor him, sir, not only for his brilliant services in the field, but because of his magnanimityin the hour of triumph, and his genuine modesty. He has conducted himself throughout this war independent of party considerations or party in trigues, devoting himself to the vindication of the true honorof the country in maintaining the Constitution and reserving the Union. I trust, sir, that when the vote shall be taken on the passage of the bill, it will be unanimous. i
Mr. McKEE. I do not want the imression to go out, which might be inferred from the remark just made, that I am indisposed to give GenlGrant the credit which he deserves.
The Clerk read as follows: Vi exsnuao, Mississtrri. Aumt 30, 1862. DEAR SIR: "The peopleof the Northneed not quarrel over the institution of sla very. What VEEP Stephens acknowledges the corner stoneof the confederacy is nlrendyknocked out. Slavery is already dead and cannot be resu r rected. It would take a standing army to maintain slavery in tbe Soiith, if we were to make peace today. guaranty“)? to the South all their former constitutional privilsizes. 1 never was an abolitionist; not even what could be called antislavery; but I try tojudse fairly and honestly and it beenuiopatent to my mind early in the rebellion that the horth and South could nover live at peace with each oilier except as one nation and thatwithont slavery. As anxious as 1 am to seepeace established. I would not, therefore.be willing to secany settlement until this question is forever settled. Your sincere friend, U. S. GRANT. Hon. E. B. wASHBUBNI.
Mr. UPSON. I wish to call the attention of the House to the recommendationof the committee in regard to striking out the 3rd section of this bifi. That section provides that this office shall terminate with no life of the 1st a pointee. It strikes me that this testimonia will be more valuable if we make it special; and it isalso in accordance with the precedent, for when General Washington died this office died with him. If we make this a permanent office, it will not be a special testimonial, and we shall lessen the honor we intend to confer. I hope that amendment will not prevail, but that the 3rd section will be retained in the bill as it originall stood.
The SPEAKER. The thir section of the bill has been already stricken out.
Mr. DEMING. I now call the previous question.
Mr. wHALEY. Will the gentleman yield to me for a moment?
Mr. DEMING. It is now late and I cannot leld.
Skip Skip The previous question was 2nded and the main question ordered; which was upon agreeing to the amendmentproposed by Mr. Srnvsxs. The amendment was again read, as follows: Pmfdtd, That whenevera vacancyshall occur in the office of lieutenant general, by promotion or otherwise. the vacancyshall not be filled until after the death or resiguation of Lieutenant General Winfield Scott: and thereafter there shall be but one licutenant general. Mr. STEVENS. I call for the yeas&nays upon the amendment. The yeas&nays were ordered. The question was taken; and it was decided in the iicgative yeas 50, uays 78, not voting 65; So the amendment was not agreed to. The bill was orderengross and read a3rd time; and being engrossed, it was accordingl read the 3rd time. Mr. LEBLOND. lrustingthat the vote on the passage of the bill will be unanimous, or nearly so, I call for the yeas&nays. The yeas&nays were ordered. The question was taken; and it was decided in the n rmative ycas llti, nays 11, not voting 66; So the bill was passed. During the call of the roll, Mr. ANCONA stated that he had paired with Mr. BLAINE. The result was announced as above stated. Mr. DEMING mtRtv just taken; on the table. Agreed to. ORDER OF PROCEEDING TOMORROW.
Mr. STEVENS. I move that the session of tomorrow be devoted exclusively to debate, as in ComWhole on the state of the Union, on the Presidents message. The motion was agreed to. MONTANA.
Mr. SMITH. I move that leave be granted to the Delegate from Montana [Mr. L chars] to have printed as part of the debates some remarks in regard to the interests of his territory. The motion was agreed to. [His remarks will be found in the Appendix.]
Mr. STEVENS, by unanimous consent, introduced a bill relative to the national currency; which was read a 1st and 2nd time, and referred to the ComJudiciary. MARY C. REEVES.R. NOELL, by unanimous consent, introduced a bill for the relief of Mary C. Reeves, administratrix of Albert Reeves, deceased; which was read a 1st and 2nd time, and referred to the ComClaims. INTERNALREVENUE BILL.
Mr. LAFLIN. The ComPrintg, to whom was referred a motion for printin extra copies of the internalrevenue hill with the amendments agreed upon by the ComWays&Means, have instructed me to state that they have examined the amendments so far as they have been determined upon by the ComWays&Means, and have consulted with the chairman of that committee; and the conclusion which they have reached is, that as the amendments thus far agreed on are not material in their character, it is not advisable to order any extra cop ies at present. The committee. however, will be very lad to order the printing of extra copies, ifthere should be made hereafter any amendments of such a character as to justify the expenditure.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. W. J. MCDONALD, its Chief Clerk, announced that the Senate had passed without. amendment bills and JtResolution of the following titles: An act (H.R.No. 214) for the relief of Colonel Mr. E. B ant; An not (H.R.No. 847) for the relief of Mr. L. B. Clarke; An act (No. 473) to extend the jurisdiction of the Couft of Claims; and A JtResolution (H.R.No. 107) for the relieiiof Rev. Harrison Heermance. late chap lain of the 128 h reiment NewYork volunteers. he message also announced that the Senate Shellabaiigor Si. had passed bills of the following titles, in which they requested the concurrence of the House. An act (S.No.149) for the relief of Daniel Winslow; An act (S.No.176) for the relief of George Hen Preble, a commander in the Navy of the U.S.; An set (S.No.225) for the relief of the Amoskeag Manufacturing Company; An act (S.No. 258) to incorporate the 1st Congregational Society of Washington: and An act S.No. 278) for the relief of Captain John H. rowell, quartermaster of the U.S. Army. The message also announced that the senate had concurred in the amendment of the HousetoJtResolution (S.R.No. 80)extending the time for the comletion of the Union Pacific railway, eastern vision. MOUTH OF THE MISSISSIPPI RIVER.
Mr. ELIOT, by unanimous consent, introduced a.bill to authorize the construction of a ship channel across the mouth of the Missis sippi river; which was read a 1st and 2nd time, ordered to be printed, and referred to the ComCommerce. confiscation, ETC.
The SPEAKER laid before the House a message from the POTUS in answer to a resolution of the 6th of March last requesting the names of persons worth more than $20,000 to whom special pardons have been issued and a statement of the amount of property which has been seized as belongin to enemies of the Government or as abandone property returned to those who claimed to be the original owners, transmitting reports from the SecyState, the SecyTreasury, the SecyWar, and the AttyGen, together with a copy of the am nesty proclamation of the 29th of May, 1865, and copies of the warrants issued in cases in which special pardons are granted, and the 2nd, 3rd, and 4th conditions of the war rant prescribing the terms, so faras property is concerned, upon which all such pardons are nted and accepted; which were ordered to if: printed, and laid upon the table.
Mr. STEVENS moved that 20,000 extra copies be printed. The motion, under the law, was referred to the ComPrintg. STATE DEPA RTMENT.
The SPEAKER also laid before the House the following concurrent resolution from the Senate: Reuoloedby the Senate.(the HoRep concurring.) That thestanding Committeesof the 2 Houses on Public Buildings and Grounds be instructed to intfiuiro and report what further provisions. if any. should be madefor the accommodation of the State Dept. On motion of Mr. RICE, of Maine.
Skip Skip the resolution was concurred in. Mr. RICE, of Maine, mtRtv the resolution was concurred in; upon the table. Agreed to. WAGON ROAD IN DAKOTA TERRITORY.
Mr. BURLEIGH by unanimous consent submitted the followmg preamble and resolution; which were read, considered, and agreed to: Whereas an act of Congresswas passedMarch 3, 1865e.ntitled " An act to provide tor the construction of certain wnuoii roads in the Territories of Idaho. Montana. Dakota and Nebraska;" and whereasby said act the sumof 820.0(1w)as appropriated lor the construction of a wa on road from a paint at or near the mouth of the ig Sioux river. VllL hanclon, Dakota Territory, to a point at or near the iiiouth pt the Bi Cheyenne river thence u said nverto its main fork. thence u the north lorlt to a point of Intersection with the road from Niobrara; and whereas the work on said wagonroad is repni tcjl to have beencommencedand for advanced in 1 Slxb y. ordersfrom the SecyInterior. during the irose cution of which work treaties are claimed to have been madewith the Indian tribesof ClJpVlng the country through which said roiid is loeutci, by which the right of way wu scoured to the U.S.; and whereas the SecyInterior is represented to have ordered a suspensionof work upon said Cheyenneroad and required the superin tendent having charge of the construction of the same to turn over all the stock. implements and money appropriated and purchased for the said read to the superintendent of the Niobrara road.whereby the opening and construction of the cheenne road are prevented.to the Great imury of the erritory of Dakota: Therefore Resolved. That the SecyInterior be requestedto inform this House whether the work on the said road has beenarrestedor interrupted by his doordneer;s and if so, for what reason the same has been whetheranyof themoneys approriated thereto have beendiverted to the usesof the iohraraorany 9ther rpadmentionedin said act.Withthe authority. if any in that case.for said diversion. LOST discharGES OF SOLDIERS.
Mr. FERRY, by unanimous consent, submitted the following preamble and resolution; which were read, considered, and agreed to:.Whereas in view of the vast number of military dischargesnow in the handsof soldiers of the U.S. d liable to be. as man already have been, lost replacement.there y Bubj9.0115811lo]?sersto great expenseand inconvenience in verifying rights to which they are entitled: Therefore. 1;:it resolved, That the comInvalidPens be and are hereby. instructed to consider the justice and propriety of providing by law for such county or other local registration O soldiers dischargesas shall provide against lossesof originals and which shall issufficient evidencein all casesto entitle the iarties in interestto all the benefits thereof, apd that the pommitteo be authorized to report by bill or othervnse. VEXTILATION OF THE HALLS OF CONGRESS.R. RICE, of Maine, by unanimous consent, submitted the following resolution; which was read, considered and agreed to: Resolved, That the SecyInterior be directed to communicate to this House the report made to him by Thomas U. Walter, late architect of the Capitol extension. on the warming and ventilation of the 2 Housesof Congress.with the reiorts of Professor Joseph Henry and Dr. CharlesM. otherill accompanying the same and then, on motion of Mr. WASHBURNE, oflllinms. at 4 oclock and 30 minutes p. ni.) the House adjourned.
Skip Skip PETITIONS, ETC. The following.petitions. he" were presented under the rule and iclcrred to the appropriate committees: Mr. ALLISON: The petition of Mr. W. Tirrcll, and Wolhers. citizensof Manchester, Iowa, for a law toBrye ulate interstate insurances. Mr. BRIGGS: The petition ofHill Gamble and 84 others, of East Saginaw, Michigan, asking for the oqBiiyilizMart.roLpofboitics.: The petition of E. M. Jenkins and 110others, wool growersof llammondsville. Jefferse in county.Ohio. foran additional duty on foreign woo.
###HOUSE OF REPRESENTATIVES. SATURDAY, May 5, 1866. The House met at 12 oclock in. Prayer by the Chaplain, Rev. C. B. Boriirou, The Journal of yesterday was read and aproved.
The SPEAKER. In accordance with the order of the House no business is in order today except debate on the Presidents messa e, upon which the Gentfrom Ohio, [ BUNDY] is entitled to the floor. NATIONAL sArtt nnrostr COMPANY.
Mr. WARNER. I desire to enter a mtRtv House bill No. 3128, to incorporate the National Safe Deposit Company, of Washin ton, was laid on the table.
The SPEAKER.The motion will be entered on the Journal. ENROLLEDJtResolution SIGNED.
Mr. TROWBRIDGE, from the ComEnrollBill, reported that the committee had examined and found truly enrolled a JtResolution (S.R.No. 80) to extend the time for the completion of the Union Pacific railroad, eastern division; when the Speaker signed the same. RECONSTRUCTION.
Mr. BUNDY. It was my intention to address the House today extemporaneously, but I am entirely too unwell to proceed. I therefore ask to be allowed to print some remarks, in which I will embody the substance of what I would have.said.
The SPEAKER. The Chair bears no objection, and leave is noted. [His remarkswill be found in the Appendix.]
Mr. RANDALL, of Pennsylvania. Mr. Speaker
Mr. LAWRENCE, of Pennsylvania. I had promised to yieldto my colleague, [ML RAN nALL;] but if the Gentfrom Illinois lNGl IRSOLL] Shh is not through, I refer to yied to him till he shall conclude. Ife is en 0ed in a business which I think ought to be finished.
Mr. LAWRENCE, of Pennsylvania. I am willing that the Gentfrom Illinois shall proceed with his speech, provided I shall have the floor when he gets through.
Mr. RANDALL of Pennsylvania. I move that my colleague have his full hour after the Gentfrom Illinois has concluded his speech. There was no objection, and it was ordered accordingl.
Mr. I), eERSOLL. I am obliged to m friends from Pennsylvania for their consideration.
Mr. RANDALL, of Pennsylvania. Does the gentleman want an answer to that question?
Mr. LAWRENCE, of Pennsylvania, obtained the floor.
Mr. RANDALL, of pennsylvania. Willmy colleague yield to me for a few moments?
Mr. LAWRENCE, of Pennsylvania. For how long?
Mr. RANDALL, of Pennsylvania. I think not more than 5 minutes.
Mr. LAWREN (le, of Pennsylvania. I will yieldifor that time.
Mr. RANDALL, of Pennsylvania. I have listened to the vehement declarations of the Gentfrom Illinois [Mr. INGERSOLL] against the President.
Mr. ELDRIDGE. Will in friendfrom Pennsylvania [Mr. RANDALL] a low me to ask ia question of the Gentfrom Illinois, [Mr. INGERSOLLI]
Mr. RANDALL, of Pennsylvania. no objection, so far as I am concerned.
Mr. ELDRIDUE. The Gentfrom Illinois [Mr. [sesnsona] has animadverted pretty severel upon the President on account of some a leed change of opinions. I desire to have r a passage from the Peoria Weekly Democrat, and then inquire of the gentleman if he has not somewhat changed his opinions.
Mr. INGERSOLL. Is that a copperhead paper?.
Mr. ELDRID GE. I suppose you would call it so.
Mr. INGERSOLL. I deny its authority in toto. I would just exactlyas soon
Mr. ELDRIDGE. I do not want to be interrupted by the Gentfrom Illinois.
Mr. LAW RENCE, of Pennsylvania. I would suggest that I yielded only to my colleague, [Mr. RANDALL. ]
Mr. ELDRIGE. Then I would ask the Gentfrom Pennsylvania [Mr. RANDALL] to have this read.
Mr. RANDALL, of Pennsylvania. At the request of my friendfrom Wisconsin [Mr. ELDRIDGE] i will ask the Clerk to read the extract referred to. I am not responsible for it in any respect, for I do not know what it is. I have
The Clerk read as follows: “Soon after the 1st battle of Bull Run he ven tured out. as faij as Fairfax Courthouse and there was madeacquaintedwith someof his seccshfriends. On his return to Poona he declared in substance that the peopleof Virginia were the noblest men of Gods creation, and that the Government might as well attemptto luck the stars from the heavensas to crush them, gliting. as they believed they were, for their rights and liberties. “About 3 weeksbeforethe last nomination of Mr. Lovejo to Congress, Mr. INGersoll stated that his defeat y it conservative man would be worth 50,000 men to the causeof the Union. “
Mr. lNGERSOLL. Will the Gentfrom Pennsylvania [Mr. RANDALL] allow me a moment?.
Mr. RANDALL, of Pennsylvania. Afteriget through the gentleman can answer that.
Mr. INGERSOLL. I want to answer it now, just where it is read.
Mr. RANDALL, of Pennsylvania. Very well; I will yield if m colleague [Mr. LAW BENCH] is willing, for hold the floor by his courtesy.
Mr. LAWRENCE, of Pennsylvania. I am willing that the Gentfrom Illinois [Mr. IucsiisoLi] ShOlfid have a short time to reply to what has been read.
Mr. INGERSOLL. I suppose this paper, from which the Clerk has read, is the copperhead paperof in town, Peoria.
Mr. ELDRIDGE. It is the paperthat supported the Union during the war, and now supports the Union and ndrew Johnson. It is the organ of the party that has just succeeded in carrying the election in that town.
Mr. INGERSOLL. Thesame old copperhead paper?
Mr. INGERSOLL. I supposed it was the same old aper. I have been used, to being vilified and abused by that little, mean, dirty, despicable sheet; amean, miserable, dirty, lying, contemptihle party aperof the meanest, most contemptible, and owest stripe ima in able. It is n aperthat cannot be excelle in meanness and 1lying and slandering in regard to the Union cause and Union men by any paperin rebeldom during the entire war. It is a filthy, dirty, lying
Mr. ELDRIDGE. Does the gentleman deny the statement in that paper?
Mr. INGERSOLL. I do not yield to the Gentfrom Wisconsin [Mr. ELDRIDGE] just now. Sir, the statement which has just been read, whether contained in that paperor in any other, is false from beginning to end. I never saw one of these Virginia rebels during the war, to my knowledge; never. If I had, and the occasion had otferod, I should have said to him what I have said today. My utterances would have been just the same as they were in 1862, when, as a candidate for Congress for the State at large on her Union ticket, I received the abuse and vilification of that same contemptible, blackguard, co perhead, AndrewJohnson paper, [laught er, just I receive it to da. I then canvassed the State of Illinois, am? met with just such slan ders, not only from that paperbut from the Memphis Avalanche and the Richmond En quirer. The are all of a stripe and seek the same end, the elevation of the copperhead party to power, even, if need be, it is upon the ruins of the Republic. Sir, never since the 1st utterances of trea son in this country have my lips ever uttered one word, except in encouragement of the loyal North in their efforts to suppress the rebellion, and in denunciation of treason wherever it has reared its head, whether it be in the Halls of Congress, in the representative capacity of Gentlemen who come here from northern States, or whether it be in the northern press, or where ever it may have been. I have been an uncompromising foe of every enemy of the government, of every enemy of the Union party, Whether he has been enoaged in landing allan dighnm or organizing Golden Circles through out the northern States, or whether he had nothing better to do than to vilify the soldiers that were fighting for the holiest of causes by [calling them “Lincoln hirelings." Myvoice has ever been for the Union and those who have fought for it. I wish I could say as much for the Gentfrom Wisconsin, [Mr. ELD pineal]
Mr. INGERSOLL. Does not the gentleman mean the Chicago platform of 1854?
Mr. RANDA L, of Pennsylvania. No, sir; I mean the Chicago platform of 1860.on which Mr. Lincoln was nominated, and in which a just maintenance of the rights of the States is an nounced as a distinct principle to which the party is pledged. So much, sir, for the inconsistencies of the gentlemans party. Now, as to the question which he asks whether we were in favor of admitting representatives from the South, and when that right of representation ceased. if it ever ceased. Sir, I maintain that the right of reircsentation as belonging to the loyal people of the South has never ceased. The gentleman himself must be aware that, upon this principle Representatives from the State of Tennessee were admitted herein the 37th congress, one of those Representatives being one of the gentlemen who are now claiming seats upon this floor as Representatives from that State. Sir, ifthose 3 Representatives, after the State of Tennessee had seceded, had a right to come here and be admitted as Representatives of the lo 3.1 people of the State of Tennessee, when an why did that right cease? Representatives from the State of Virginia were also admitted by the same Congress. If Virginia had the right to be represented in that congress, when and how did her right of representation cease?
Mr. INGERSOLL. If Iunderstand the Gentleman, he claims that he is now supporting AndrewJohnsons policy.
Mr. RANDALL, of Pennsylvania. I have not claimed anything with reference to supporting and rcw Johnson.
Mr. INGERSOLL. Well, the gentleman does claim that AndrewJohnson has not changed hislpolitical principles.
Mr. RAN ALL, O Pennsylvania. I have referred the gentleman to the Baltimore plat form, which, hold, corresponds precisely with the line of policy which was pursued with reference to “restoration” by 1
Mr. INGERSOLL. I will show the reason why I ask permission to at a question to the Gentfrom Pennsy venia. I will state what I understand him to state: that AndrewJohnson had not chanced from the platform of the party upon which he was elected in 1864; but the party who elected him then, and oppose him now, has changed. wMr. RANDALL, of Penna lvania. Yes, sir, I think you have changed; that your party has shown the 11 foot; that they never expressed any purpose before the people to do what they have since done.
Mr. INGERSOLL. Has not your changed in so far that your party oppose cparnty drew Johnson in 1864?
Mr. LAWRENCE, of Pennsylvania. I like that Christian virtue called patience, and have tried to exercise it toward my friend over the wa. Mr. RANDALL, of Pennsylvania. I am much obliged to the gentleman for his kindness. I knew his patience and his kindness of old, but perhaps I have eneroached upon them too much.
Mr. LAWRENCE. of Pennsylvania. Not at all. I yielded more readily to the gentleman because he claimed to represent the Democratic party, and Iwanted imto have the privilege of defending his friends, as he has one. Now, Mr. Speaker, with the gentlemans permission, be ore I enter upon the subject which I intend to discuss, I propose to ask him a question in reference to the very subject he has adverted to. The gentleman says, and I do not controvert it, that he comes from a loyal district in Pennsylvania, and that his constituency are as loyal as that of the Gentfrom Illinois, [Mr. Ine susou. ] want him to tell this House whether he supports today the Democratic candidate in Pennsylvania for Governor, Heister Clymer.
Mr. RANDALL, of Pennsylvania. I do; and I expect to do so with all my heart, because I believe his election will aid in the res toration of the Union.
Mr. LAWRENCE, of Pennsylvania. I only wanted a categorical answer.
Mr. RANDA LL, of Pennsylvania. You have got it.
Mr. RANDALL, of Pennsylvania. I suggest that the gentleman have leave to print it, so that it may go to the country along with the speech of the Gentfrom Illinois, [Mr. Isonusom" to see which is the worst.
Mr. LAWRENCE, of pennsylvania. I have not said anything against the President, and shall not.
Mr. RANDALL, of Pennsylvania. I am not alluding to your remarks.
Mr. LAWRENCE, of Pennsylvania. I say that the men who were the enemies and tra dncers of AndrewJohnson in my own State, the co perhead party, who have held their secret ca als day and night, who have conspired against the Government, are now swarming around the President, gettin down on their knees like sycophants, and asing for crumbs. I have seen them myself and I have been told on good authority, and I believe it, that some of those who, a few weeks ago, nomi nated Mr. Clymer, came here to see if the in fluence of AndrewJohnson could not be had to carry that State for the Democracy in the coming contest. Now, this is not sayin anything against AndrewJohnson. I am to ling who they were who abused him at that time, and who were his enemies. Those men today repudiate, as I suppose my collca ue [Mr. RANDALL] does, the Baltimore lat orm; although my friend commends An rew Johnson because he says he stands on that platform and yet did my friend and colleague support and approve that Baltimore platform? I have no doubt be de nounced it in eve Democratic club room in the city of Philade phia, the very platform on which he says AndrewJohnson now stands.
Mr. RANDALL, of Pennsylvania. The Democratic party of Pennsylvania are not responsible for everything that Mr. Heister Cl mer may say in hisindividnal capacity. [Laughter.] Moreover, let me say that the Democratic party of Pennsylvania indorsed AndrewJohnson in their resolutions, because they believe his policy of restoration will give us once more a united count, and only on that ground.
Mr. LAWRENC, of Pennsylvania and the same party in my State sustained Vallan digham and indorsed him.
Mr. LAWRENCE, of Pennsylvania. In their State convention, in 1863 and I doubt whether we could have carried the State for Governor Curtin but for that full indorsement of Vallnndigham.
Mr. RANDALL, of pennsylvania. I demand my collea nes authority for that assertion.
Mr. LAVRENCE, of pennsylvania. I have my iledgc, if the gentleman will accept t rat. I
Mr. RANDALL, of Pennsylvania. I will itccept the gentlemans pledge for 48 ionrs.
Mr. LAWRENCE, of Pennsylvania. In the convention that nominated Woodward for governor, against Curtin, a resolution was passed congratulating the Democratic party O Ohio on their nomination of Vallandigham and if that is not so I will agree to give the Gentleman
Mr. LAWRENCE, of Pennsylvania. More than that; I will give a basket of champagne.
Mr. RANDALL, of Pennsylvania. The gentleman is mistaken. The convention de nounced the arrest and manner of incarceration of Mr. Vallandigham.
Mr. LAWRENCE, of Pennsylvania. I am astonished that my colleague [Mr. HAHJALL] has such a short memory. I have had occasion to read that resolution before tens of 1000s of the people of Pennsylvania; I have had occasion to refer to it more than 50 times. I do not misrepresent the Democratic party, nor do I misrepresent
Mr. Clymer, who is a personal friend and an honest man. He has voted consistently and at all times against the war policy of the Government, and against making appropriations to feed and clothe the soldiers who were fighting for the Government; he has always sustained the cop erhead party and its friends in the State of ennsylvania. He is and has been a consistent leader of that party, and stands today as the candidate of that party in our State for Governor; a party, the members of which did all they dared to do, and keep out of prison, to hand us over to the rebels in the South.
Mr. SMITH. Will the gentleman allow me to ask him aquestion?
Mr. SMITH. I would like to ask the Gentfrom Pennsylvania [Mr. LAWRENCE] if it is not his wish as well as the wish of every loyal man in the country, I presume, that all men should be loyal and obey the laws and sustain the Constitution and the union of the States. Is not that his wish?
Mr. LAWRENCE, of Pennsylvania. That is my wish, certainly and I should be very glad to see those punished who did not do so and I would like to see some of them hung and could name about 20 of them myself for that purpose.
Mr. LAWRENCE, of Pennsylvania and I do not know but I could name some in Ken tncky.
Mr. SMITH and I would double that, too. BntI would ask the gentleman, if he finds men disposed and willing and anxious to obey the laws, and do obey them to all intentsand purposes, would he have any cause of complaint against them I
Mr. LAWRENCE, of Pennsylvania. Does the gentleman expect me to have any faith in the cmocratic party repenting of their sins? [Laughter]
Mr. LAWRENCE, of Pennsylvania. I thought the gentleman referred to them.
Mr. Smith Oh. no; I am notin the Cly mer controvers at all. I do not know anything about it. speak of those who are willing to obey the laws, and I do not come within the purview of the gentlemans rule of pnnishment. As to hanging the leadin traitors, I am as much in favor of that as the Gentfrom Pennsylvania can be. Mr. LAWRENCE, of Pennsylvania. Well, Mr. Speaker, I did not mean to take up so much time. I was drawn into this discussion, Cer as the Gentfrom Kentucky is aware, by the remarks of my colleague.
Mr. SMITH. I disclaim any intention to interfere in the controversy between the gentleman and his colleague. I was only asing a quegtion with reference to the point of repentance and confession, whether the gentleman would forgive a man on that ground.
Mr. LAWRENCE, of Pennsylvania. certainly I would so far as I am personally concerned; but I would not, for that reason, exempt all the traitors from the just penalty of their crimes. Now, Mr. Speaker, a dozen gentlemen around me are calling for the readlng of the speech of Heister Clymer, to which I have referred, and which is just handed to me by the Gentfrom Connecticut, [Mr. Wan Nnn] How he happened tohave it know not. In compliance with their wishes, I send to the Clerks desk to be read an extract from the Legislative Record, the official report of the debates in the Pennsylvania Legislature.
Mr. LAWRENCE, of Pennsylvania. As the language to which I have referred does not appear in that speech, it is properthat I should say that
Mr. Clymer and others suppressed a portion of the most objectionable part of their speeches. But from the whole tenor of that speech, the House will observe that it was a repudiation of AndrewJohnson, not only personally and politically, but officially.
Mr. RAN ALL, of Pennsylvania. Will my colleague yield to me a moment?
Mr. LAWRENCE, of Pennsylvania. For what purpose?
Mr. RANDALL. of Pennsylvania. That I may have read a document which I wish to go to the public along with the speech of the Gentfrom Illinois, [Min hormone]
Mr. LAWRENCL, of Pennsylvania. I cannot ield for that purpose.
Mr. RANDALB, of Pennsylvania. It will take only a minute.
Mr. LAWRENCE, of Pennsylvania. gentleman knows very well that I have not much time.
Mr. RANDALL, of Pennsylvania. The doc ument which I desire to have read is the plat form upon which Heister Clymer was nomi nated as a candidate for Governor.
Mr. LAWRENCE, of Pennsylvania. I have seen that platform over and over a ain. It is an utter ndoment of all the ol positions of the Democratic party.
Mr. LAWRENCE, of Pennsylvania. As and men as ever lived are being displaced for admen. The President has turned out the marshal of western Pennsylvania, as pure and upright a man and as capable as ever held othee anywhere, and appomted a man in his place who was dismissed from service on a charge. implicating his integrity. Thank God, he is not confirmed, and will not be. ter.] I have met him very often. {Ldaougnho t know how much money he has made out of the position that he lost. The report varies.
Mr. LAWRENCE, of Pemisylvania. It is not for me to say. Certainly the Gentfrom Kentnck [.Mr. Sinrn] did not.
Mr. SMITg. I suppose somebody from Pennsylvania did it, and [would like toknow.
Mr. LAWRENCE, of Pennsylvania. When Is oke to the President about the late marshal, an told him what I knew of him told him that there was no more competent or worthy officer to be found the President intimated that he should not be removed; but before 2 days elapsed he was removed and another name sent into the Senate; the one towhom I have referred as having been dismissed from the service of the Government charged with various crimes.
Mr. SMITH. I would like to ask the Gentfrom Pennsylvania [Mr. Lswnnsen] if this person who was appointed marshal by the President did not carry with him some similar recommendations, in a political ioint of view, to those upon which the President released Clement C. Clay upon parole.
Mr. GRINNELL. I have been chared by the people in my district with having Iiad so mucii to do with another kind of wool that was not so popular that I thought I, would go for another kind that the people are more willing to have.
Mr. LAWRENCE, of Pennsylvania. Representing a district which has sue a deep interest in the subject, Ithought I would be justified in saying a few words in favor of protecting wool. When this political subject cameu I was led into speakingu on it, and I have said more than I had intende to do. I have this speech here on wool and tariff, but I feel some hesitation in boring the House with it, for it is a dry speech, full of statistics and figures.
Mr. SMITH I move that the ntleman have leave to print his wool is eech instead of the one he has made. [Lang ter.]
Mr. RANDALL, of Pennsylvania. I object to that arrangement.
Mr. LAWRENCE, of Pennsylvania. I do not know that the speech I have made now will appear very well in print. But I am sure the speech of my colleague today [Mr. RAN DALL] will not compare very well with his former record.
Mr. WILSON, of Iowa. If the Gentfrom Pennsylvania [Mr. LAWRENCE] should not publish his speech of today we should lose Clymers speech; and I should not want to lose that.
The SPEAKER. The Chair would say to the Gentfrom Pennsylvania that the reporters of the Globe have already taken down his speech of to da.
Mr. LAH RENCE, of Pennsylvania. I have been led off on this political question. But I want it distinctly understood that I intended only to get in this wool speech today. [Laughter]
Mr. GRINNELL. I move that the gentleman have leave to print his wool speech.
Mr. SMITH. Certainly; that is right. No objection was made, and leave was accordingly granted. [The speech will be published in the Appendix.]
Mr. LAWRENCE, of Pennsylvania. I have kept very quiet this session, as members very well know. I thought it most prudentinanew member not to mix up in these political discussions. But I felt it to be a duty that I owed to the people I represent to speak on this question O protection for wool. I have presented petitions with more than 10,000 names asking Congress togivethein increased protection on wool. I have been, with others, before the ComWays&Means on this subject, and I will say to the country that we believe the committee have agreed to report just what the wool growers desire on that subject.
Mr. BANKS. I hope the Gentfrom Pennsylvania will go on with this speech and let us have the other in print.
Mr. WILSON, of Iowa. The gentleman refers to the present President having left the Senate of the U.S. When he left the Senate he did it to take possession of the office tendered to him by President Lincoln; that of military governor of the State of Tennessee. I wish to ask the Gentfrom NewJersey whether he indorsed the act of President Lincoln in appointing a military governor for Tennessee? If he did not, did he indorse the acceptance of that office on the part of Mr. Johnson?
Mr. ROGERS. I have no hesitation in saying that the appointment of military governors in time O war, when the civil tribu rials could not perform their functions in the Union, was constitutional under the right to raise and support armies, repel invasions and suppress insurrections, and that when Abraham Lincoln appointed AndrewJohnson as military governor he did it as Commander in Chief under military law and I am here to sustain the appointments of military governors under those circumstances, whether appointed by Abraham Lincoln or AndrewJohnson, as an element of military power when the nation is sought to be torn asunder by rebels in arms, as a necessary element of military power to sustain the fla and to defend the country.
Mr.WILSOH, ofIowa. the Gentfrom NewJersey evidently misapprehended my question. I asked him whether he, at the time Mr. Lincoln performed that act, indorsed it.
Mr. ROGERS. I say this: that I never had anything to say about it, that I know of, either publicly y or privately, in any way whateier. But Inever doubted the right of a military commander in a military district where hostilities existed and the flag of the country was being assailed by armed invasion, to use the Militarylpower within those military lines and I say have always indorsed, and do now indorse, the act of Abraham Lincoln in appointin military governors within the lines of the military operations.
Mr. WILSON, of Iowa. The gentleman occu ies a somewhat conspicuous position in the democratic part, and inasmuch as he says that at that time he as no recollection of having uttered any word of indorsement or disapproval as an individual, I would ask him whether the party with which he then acted and new acts indorsed the acceptance of office by AndrewJohnson.
Mr. ROGERS. I say, sir, as a party, you can nowhere find in any State, county, or township an instance where the Democratic party ever denounced Abraham Lincoln for the exercise of military power within a State while the people of, that State were arrayed in insurrection against the Government, and where civil law could not revail.
Mr. WILSON, of Iowa. I believe that the speech which was read at the desk a few moments ago, made by Mr. Clymer, the Democratic candidate for Governor of Permsylvania, does distinctly denounce the action of Mr. Lincolnin makingthatappointment, and denounces the accc tance of it by Mr. Johnson. Now, I would li e to ask the gentleman whether that utterance of Mr. Clymer at that time was not in harmony with the views and position of the Democratic party.
Mr. ROG IRS. As to the utterance made by Heister Clymer I have no knowledge, and I am free to say that so far as my knowledge extended the party indorsed no such sentiments as are attriutedto Mr. Clymer, but there is no proof that he ever uttered them except the assertion of an abolition sheet and let me say further, that the Democratic party, with its 1800,000 voters in the North, and representin millions of women and children, is not to be bound down by the idle orloose declarations of any man, any more than the honorable entle man would wish to have the whole Republican art bound down by the declaration of Wendizll Philli s when he said that he had been a disunionist or 30 years, or of Horace Greeley when he held out an invitation to the southern people to secede.
Mr. WILSON, of Iowa. I presume when that question was pending in the Senate of Pennsylvania that the Democratic party was represented in the persons of the Democratic Senators. Now, ask whether that party thus represented did not sustain Heister Cly mer by voting to refuse the use of the hall for the purpose of having that address made by Mr. ohnson.
Mr. ROGERS. No, sir; that was no indorsement of what
Mr. Clymer said at all, any more than voting upon a proposition broughtforward by a man is an indorsement of is speech made on that proposition. The Senators had a right to refuse the use of that Hall to anybody or a public meeting; and simply because those Senators who represented the Democratic party saw fit to cast their votes in accordance With the proposition of Mr. Clymer, it by no means follows as a fair conclusion that they indorsed all the language he is charged by that sheet to have used on that occasion.
Mr. LAWRENCE, of Pennsylvania. Allow me to ask if Mr. 01 mer has not been reelected to the Senate by the same people, and also renominated for Governor, since he made that utterance.
Mr. WILSON, of Iowa. I would ask the Gentfrom NewJersey if he is not himself a member of that central directory of which he speaks.
Mr. ROGERS. I am, and I have great respect for the men who are on it. I am not here to say that those men, or any men upon the other side of the House, are actuated by any desire to commit intentional wrong. I would not degrade myself and the country by charing that gentlemen on the other side of the House. who have alwaystreated meWithrespect, are any of them desirous to injure the country. But their prejudices and their passions, as H: the case of John Brown when he committed murder and treason in Virginia, are leading the country on to destruction, and without the interposition of AndrewJohnson the lamp of liberty would soon be extinguished forever. Now, sir, I had no participation in the election ofAndrcw Johnson
Mr. WILSON, of Iowa. I should like to ask the gentleman another question. It may be that this “directory” has been guilty of something which has not been disclosed. If the entle man is at liberty to name it I should like imto do so. I believe that the committee has removed the injunctionof secrecy.
Mr. ROGERS. The gentleman knows perfectly well what has been done by that committee. He knows that from that committee have emanated projects of disuuion. He knows that from that committee has emanated the doctrine embodied in the proposed constitutional amendment and the 2 bills which have been presented the doctrine that the war dissolved the Union, that the southern States are out of the Union, and that it will require an enabling act of Congress and an amendment of the constitution to bring those States back into the Union. I am no disunionist. I will cooperate with no party that seeks to destroy this country. When the leaders of the majority party on the floor charge me and myfellow members of this Democratic party with being traitors, I hurl back the char Ye into their teeth, and tell them that they are the only party now rerouting the consummation of the great work) of restoring the Union upon the principles of self government consecrated by the by good ofJmr revolutionary forefathers.
Mr. WILSON, of Iowa. The committee of which the gentleman is a member have presented their report proposing an amendment to the Constitution of the U.S. One provision of that proposed amendment is, as I understand, that the southern States shall no longer be entitled to that unfair and unjust share of representation which they have here tofore enjoyed, and that, instead of having as the result of 4 years of war, an increase of political Fpower in consequence of the emancipation of the slaves, they shall conform to n s of representation which will be just to both the North and the South, applying to all the States alike, and under which thosewho are enfranchised shall be represented. Now, I desire to know whether the gentleman is opposed to that principle cmbo ied in the report of that committee, or “directory, ” as he terms it.
Mr. ROGERS. Yes, sir, I am opposed to it for the same reasons that our fathers were opposed to taxation by the British Parliament when they were denied representation in that bod.Iam opposed to it on the principles of the DeclarIndep and the fundamental doctrines of the Constitution. Sir, let me say further, in answer to that suggestion, that at the time of the formation of the Constitution slaves were held in all the States except one, and there was in many of the States a large colored population. From time to time slavery was abolished in the different northern States; yet, although the abolition was not accompanied by the enfranchisement of those who wereemancipated, no one proposed that any of these States should be deprived of representation for the colored poulation to whom they denied the right of suffrage.
Mr. WILSON, of Iowa. We are not proposin, as I understand, even if we adopt the amendment reported by the committee, to take away from any State any just share of representation. The proposition, as I understand it, is this, and no more: that a man in SCarolina shall have no more political power in this nation than a man in NewJersey or in Iowa; that a white man in the State of SCarolina, which inaugurated this rebellion, shall not have as much power as that exer used by 3 men in the State of Iowa. I ask the gentleman whether he is opposed to that kind of re)resentation.
Mr. ROGERS. I maintain. sir, that there is no more necessity for an amendment of the Constitution, because a portion of the southern population, lately slaves, have become free, than there was for a constitutional amendment when the various northern States abolished slavery within their limits. I say that the Constitution as it stands grants to the southern people no right of representation except that used on population; and in this respect all the States are placed on an equality; the South enjoys no ecu iar advantage. Sir, ifa million foreigners and at the port of NewYork and become a part of the population of the State of NewYork, that State, under the Constitution, is entitled to representation for those foreigners, although they may never become citizens and never vote and I say, sir, that the representation which has been allowed to the people of the southern States for the people of color will not exceed the basis for representation of foreigners who are not entitled to vote in the northern, middle and western States.
Mr. WILSON, of Iowa. Would not the same result follow if 100,000 foreigners or a million foreigners should O into SCarolina instead of into NewYork?
Mr. ROGERS. Exactly. Let us leave the landmarks of this Government as they were when the Government was made. I believe this Government is the fruit of the most experienced wisdom of any people who ever lived, and that Washin ton and Jefferson and the men who framedt e Constitution of the U.S., coming out of the Revolution imbued with the principles of liberty and having the mantle of victory and patriotism thrown over them, were the best judges of what the true interests of this country are. Sir, in this time of excitement and of peril, when the Union, by the action of the members of this Congress, is dissolved, because 11 States are prevented from sending their Representatives here, to which right, under the Constitution, they are entitled, it is no time to amend the Constitution.
Mr. WILSON, of Iowa. The gentleman s caks of the excellence and perfection of the constitution as our fathers made it. I ask him whether he does not think the Constitution now, embeding as it does the prohibition of slavery throughout the country, is not a little better than it was before.
Mr. ROGERS. That is an issue which I am not here now to discuss. It is an issue dead and one. It is part of the history of the past. It as become part of the Constitution of the U.S and freedom has been proclaimed to 4 million people. My vote, power, and influence shall be given to sustain that revision so long as I may live, whether North) or South shall desire to strike it out.
Mr. WILSON, of Iowa. I ask whether if those States who have been in rebellon were represented in these Halls at that time that provision would not have been defeated.
Mr. ROGER S. At that time these men were engned in rebellion and were convicts before the a tar of patriotism. The execution of the law has been forgiven by the clemenc and Christian character of the President. Vhile they were firing upon the do of the country an trying to destroy this government they were not entitled to any consideration at all.
Mr. WILSON, of Iowa. I ask the gentleman whether he approves that portion of the presidents conduct and policy which compelled the people of these unrepresented States to ratify that amendment and make it a part of the constitution of the U.S.
Mr. ROGERS. I did not then approve of it, but I believe now it was for the best interests of the country; that as an issue of war it should be given up in the reconstruction, after the war ha wiped out slavery, to prevent future agitation upon it. I am satisfie that the best interests, tic grandeur, glory, and perpetuity of this Government demanded that the States should perpetuate the result of the war in striking the shackles of slavery from every human being within the length and breadth of this land. I never was in favor of slavery. No man, sir, ever heard me advocate slavery in the abstract, but I was in favor of standing by the elementary principles embodied in the Constitution of the U.S. I believed, and do yet believe, that abolishing slaver by war was in violation of the plighted faith of congress as given in the Crittenden resolutions adopted after the war had begun, and of the letter, spirit, and intent of the Constitution. That proposition set forth the principles upon which this war was fought, and it emphatically declared that when the rebels laid down their arms the Union should be restored.
Mr. WILSON, of Iowa. The gentleman has to some extent enlogized the abolition amendment, and also the conduct of the POTUS in relation to it, the Congress that passed it, and the Legislatures in the insur gent States which ratific it.
Mr. ROGERS. I have not eulogized them at all.
Mr. WILSON, of Iowa. I ask the gentleman whether, in his opinion, that eat good could have been provided, whether that amendment of the Constitution could have been had, whether that security of liberty could have been procured for the people of this country if the insurgent States adbeen represented in these Halls; and if not, whether it would have been wise to postpone until their recov nition was procured) action on that amen ment to the Constitution.
Mr. ROGERS. No, sir; I am not finding any fault, and if the gentleman had listened to me he would have seen that I found none with the course of action at that time in taking advantage of the absence of southern Representatives. ButI held then as I do now, with Alex under Stephens, that there is no power in the Federal Government to usurp the unctions of a State that have never been delegated to the Federal Government, even by a constitutional amendment made without the authority of the other States. I say that the abolition of slavery was an event of the war, and the result of one of the principles of war resorted to by the conquering power, that being the nrbitramentto which the southern people submitted and slavery having been abolished under those circumstances may I wish to keep it dead and buried forever, so far as I am concerned.
Mr. WILSON, of Iowa. The gentleman says he is opposed to the exercise of powers not delegated) by the Constitution. I desire him to point out the particular clause which authorized the President to apoint provisional gOvernors for those States and to require of those States the ratification of the constitutional amendment abolishing slavery.
Mr. ROGERS. The power was this: the Constitution of the U.S. says that the U.S shall guaranty to every State a RFG, and when the people of any State are in insurrection, or when a State is overrun by the armics of other States,it is the duty of the President to call out the militia, suppress the insurrection, and repel that invasion and it. was by virtue of the power conferred by the force of military law as embodied in the Constitution of the U.S., that Abraham Lincoln had a right, not as POTUS, butas Commander inChiefof the Army, to dictate such a state of affairs as would come within the requirement of the Constitution in guarantying to those States a RFG and as slavery was an instrument of war, one of the principles upon which it was waged, the main principle, in fact, for the last 2 cars, the arbitroment has settled that as much as any other question. When the people went to war these extraneous matters gave way to the force of the arbitrament, and were settled for all time to come.
Mr. WILSON, of Iowa. Then I desire to Ink, inasmuch as Texas was omitted from the proclamation of the President, whether, in the tlemans opinion, if Congress should pass the amendment now. nding, it would be cometent for Andrew Jo nson, as POTUS, to require ofIexas the ratification of that amendment before he would recognize her as restored to such an extent as to be entitled to representation in Congress.
Mr. ROG RS. No, sir. I claim, notwithstandin what AndrewJohnson may have require, that when the rebels laid down their arms and submitted to the Constitution of the U.S. the war was ended. Notwithstanding anything that may have been lput on paperby the President or anybody else, tevery moment the southern States succumbed that very moment their State governments could by the people be putin full operation, because those State governments had eeu merely suspended by virtue of the illegality of action of the southern people, which never could destroy the existence ot those States as States of the Union under the original act of admission.
Mr. WILSON, of Iowa. If I understand the gentlemans position, it is, that while the war was going on, before the rebel armies surrendered, the President might do this thing. But I wish to ask him whether the rebels had not surrendered before the President issued his 1st reclamation for the establishment of a provisional government in NCarolina, and whether all those provisional governments were not established after the surrender, and all those requirements on the part of the President were not subsequent to that time, by which they were to do certain things, and among others ratify the constitutional amendment abolishing slavery.
Mr. ROGERS. Nobody can doubt that a State government may be operated within the military lines by military governors, and it was only as a condition to the loving down of their arms that the Commander in Chief exercised the right under the Constitution to establish a RFG and lent the in of the military power to the people of the insurgent States or them to ratify tcact in such manner as they thought right and upon such principles of the union of the several States as existed before they attempted to carry them out of the Union.
Mr. WILSON, of Iowa. I understood the Gentfrom NewJerse to say that as soon as the rebel armies surrendcred, the old State vernments as they existed prior to the rebel on at once revivedof course that must have included the revival of the constitutions of those States. Now, I wish the gentleman to state whether those States had RFGs before the rebellion. If so, and those governments were revived by the surrender of the rebel armies, where did the President get the power to require them to change those RFGs?
Mr. ROGERS. He was authorized to exercise that power upon the ground that the acts which had) been performed in behalf of the confederac were acts which were void ab initio; an there is no better settled principle of law than that no void or illegal act can ever turn or destroy that which was legal, and therefore every movement of the southern people with reference to furthering or carrying into effect the machinery of the confederate government was without authority of law, an was in violation of the government, which the POTUS was bound to uphold by all the means in his power and he was authorized to put down althe forms of State government which the people of the South had adopted to sustain the cause of the confederacy. When those forms had been at down. then the status of those States, as it. existed before the rebellion commenced, returned to them, except so far as regards what was de clared to be the corner stone of the rebellion, which was put in issue, and which wont down with the rebellion under the military power of the U.S.
Mr. WILSON, of Iowa. I do not see that the Gentfrom NewJersey has answered one question which I put to him. That question was, whether the insurgent States, prior to the rebellion, had RfGs.
Mr. WILSON, oflowa. The gentleman said that the surrender of the rebel armies revived the State governments that were in force before the rebellion.
Mr. WILSON, of Iowa. Consequently each one of those States, upon the surrender of the rebel armies, had a RFG, which had been revived.
Mr. WILSON, of Iowa. Now, I wish to ask the gentleman where the Presideht gets the power to require those States to change the RFGs which they already had.
Mr. ROGERS. I say he did not require them to change their RFGs. Neither slavery nor the rebel debt was any part of their State overument; no net of the southern people in aid of the confederacy was a part of their RFG. Therefore, I say that republican onus of government did extst and were not affected by the action of the President. The President is not to be called a usurperofpower because he did not allow the people of the South to continue that which they be established in aid of the confederacy. All that he did, and all that he wanted to do, was to resuse itate their reiublican forms of government and to give fail vigor to the voice of the people under them.
Mr. GRINNELL. Why does not the gentleman answer the question of my colleague, [Mr. WILsoN 3]
Mr. ROGERS. I do answer it. I say that AndrewJohnson has not acted in conflict with the Constitution and I say he is not in the hands of the Democratic party. He never has appointed a Democrat to office; all his patron age is given to the party that elected him and he is going to fight this battle out in the lines of the socalled Union party and I tell you that 1800,000 Democrats will follow him or any other man who holds out to them the unfolded leaves of the Constitution and enunciates the doctrines and principles upon which the liberties of our country are founded. I
Mr. DRIGGS. I understood the gentleman i from NewJersey to say that he never was in 1, favor of slavery; that he was always opposed to it. fthe gentleman is sincere in that (ice laration, and I have no doubt he is, then I I would ask him why he opposed the amendment to tie Constitution by means of which we were enabled to get rid of slavery in a.constitutional way.
Mr. ASHLEY, of Ohio, obtained the floor, but yielded to Mr. WILSON, of Iowa, who moved that the House adjourn. The motion was agreed to; and thereu on (at 5 oclock p. m.) the House adjourne.
Skip Skip PETITIONS, ETC. The following petitions. to" were presented the rule and referred to the appropriate under By the SPEAKER: committees: The petition of Harrison, of Laranize Prince William connty, Virginia. asking that U.S. taxespaid byhim may berefunded. By Mr. WILLIAMS: The petition pl 71citizens of Butler county. Pennsylvania, for an increaseof duty on foreign wools.
@@@IN SENATE SENATE. MONDAY, May 7, 1866. Prayer by the Chaplain, Rev. E. H. GRAY. The Journal of Friday last was read and approved. SMITHSONIAN REPORT.
The PRESIDENT protempore laid before the Senate a communication from the Secretary of the Smithsonian Institution, transmitting the annual Report of the Smithsonian Institution for the year 1865; which was referred to the ComPrintg, with the following resolution, submitted by Mr. TRUMBULL: [Bi solvedThat 5,000 extra copies of the Report oft cSmithsonian Institution beprinted; 2000 for the Institution and 3000for the useof the Senate; and that the said report be stereotyped.
Mr. FESSENDEN, it was Ordered, That Miles Deviuc have leave to with draw his petition and other papers from the files of the Senate. On motion of
Mr. CLARK, it was Ordered.That John Egenolf have leave to with draw from the tilesof the emitsa certain bond which accompaniedhis claim upon which an adverse report wasmadeand to which report the Senate agree, on the 4th instant. REPORTS OF COMMITTEES.
Mr. wILSON, from the ComMilAffrs , to whom was riili irvtl the petition of William H. Allen, late colonel of the 1st and 145th regiments of NewYork volunteers, praying to be reimbursed for expenses incurred by him in raising those regiments and for compensation for services while in command of the utter regiment, reported that the petitioner have leave to withdraw his petition and other papers from the files of the Senate; which was agreed to. nuns INTRODUCED.
Mr. GRIMES asked, and by unanimous consent obtained, leave to introduce a bill (S.No.807) authorizing the restoration of Commander Charles Hunter to the Navy; which was read twice by its title, and referred to the ComNavAffrs.
Mr. HOWE asked, and by unanimous consent obtained, leave to introduce a bill (S.No.308) confirming the title of Alexis Gardapierto a certain tract of land in the county of Brown, and State of Wisconsin; which was read twice by its title, and referred to the ComPrivLandClms. He also asked, and by unanimous consent obtained, leave to introduce a bill (S.No.309) to authorize Samuel Stevens, 11.Stockbridge Indian. to enter and purchase a certain tract of land in the Stockbridge reserve in Wise on sin; which was read twice by its title, and referred to the ComPubLands. CLAIMS 0N NEVADA.
Mr. STEWART asked, and by unanimous consent obtained, leave to introduce a JtResolution (S. It. No. 84) authorizing the payment of certain claims against the late Territory of Nevada; which was read a 1st time by its title, and passed to a 2nd reading.
Mr. STEWPART. I ask for the reading of the resolution at length and for its present consideration. Iwill state that in the settlement of the accounts of the Territory of Ne vada there was a surplus in the legislative fund and a small deficiency in the fund for the payment of the expenses of the executive Dept of the lerritory. This resolution was drawn up in the Treasury Dept, and simply provides for the transfer of a sufficient amount of the surplus in the legislative fund to settle the accounts for the executive Dept. I presume it will be unnecessaryto refer the resolution to any committee.
The Secretary read the JtResolution. To enable the SecyTreasury to settle and pay outstanding claims chargeable to the contingent expenses of the executive Dept of the Territory of Nevadait proposes to transfer so much of the nnexpende baance of appropriation for comeusation and mileage of members of the legislaive Assembly, &c., of the Territory of Nevada as may be found necessary for that purpose to the credit of the fund for paying the contingent expenses of the executive Dept of the Territory; and the properaccounting officers of the Treasury are directed out of the balance thus transferred to pay the claims as adjusted and allowed.
The PRESIDENT protempore. The Senfrom Nevada asks for the present consideration of this JtResolution.
Mr. FESSENDEN. I think it had better go over, so that we may see it in print.
Mr. STEWART. As there seems to be some objection to it, I ask that it lie on the table, and I will call it. up in the morning.
The PRESIDENT, protempore. resolution lies over under the ruIe. Subsequently, on the motion of
Mr. STEWART, the JtResolution was referred to the ComFinance. RAILROADS IN WISE ONSIN.
Mr. DOOLITTLE asked, and by unanimous consent obtained, leave to introduce a JtResolution (S.R.No. 85) exlanatory of, and in addition to, the act of ay 5, 1864, entitled “An act granting lands to aid in the construction of certain railroads in Wise on sin;” which was read twice by its title.
Mr. DOOLITTLE. I move that this JtResolution be referred to the Committee on The joint Public Lands, and I desire for a single instant to call the attention of my honorable friend who is at the head of that committee [Mr. Ponnuor] to it. It does not ask for any additional grant of land whatever. It asks simply that Congress shall assent to the disOsition which the Legislature of the State of ise onsinhave made of the grants a disposition which was made, I think, unanimously by the Legislature. It takes no more land, but it is a changing of the route in order to avoid the difficulties, if I may so exress myself, which Congress imposed upon the Legislature of Wisconsin when they gave them different starting places in the State at which to begin, arriving at a single point on Lake Superior. The difficulties growin out of the struggle between those local placesed to some consiiierable discussion in the Legislature, and finally, as I understand it, they agreed upon this resolution unanimously. It asks no additional land, but it asks a change of the route so as to conform to the local interests of these places. I hope my honorable friendfrom Kansas, in taking up the resolution in his committee, will let us hear from it at an earl day.
Mr. POMEROY. lic ComPubLands will be glad to hear the Senfrom Wisconsin at any meeting of the committee. We meet on Thursday, and I hope the Sena. tor will come and see us.
The PRESIDENT o temporc. The JtResolution will be refgried to the ComPubLands, if there be no objection.
Mr. DOOLITTLE subsequently said: At the suggestion of the honora ile Senfrom Kansas the chairman of the ComPubLands, I ask that the JtResolution introduced by me in relation to the land grants to Wisconsin, and which was referred to that committee, be ordered to be printed.
The PRESIDENT protempore. The order t9 print will be entered if there be no objection. TAXATION OF NATIONAL BANKS.
Mr. SHERMAN. I offer the following resolution, and ask for its present consideration: Resolved, That there be printed for the use of the Sonate 3,000 copiesof the recent decision of the SCOTUS, with the opinions of the several Judges, on the taxation of national banks by State authority. There being no objection, the Senate proceeded to consider the resolution.
Mr. SHERMAN. It is unusual for the Senate to print decisions of the Supreme Court; but there are a multitude of cases pending, growing out of the taxation of U.S. securities, by or under State authority, and I have had a great number of applications for this decision, in order to govern the action in other cases.
Mr. JOHNSON. Is it not published by the reporter?
Mr. SHERMAN. It is published by the reporter; but the fund is limited, and the number published by him is exhausted. I have here what he tells me is the last copy. I should like to have this resolution adopted, so that we may have it in this form. The resolution was adopted. APPROVAL 01"BILLS. A messa e from the POTUS, hy Mr.Coori:R, his Secretary announced thatthe President had approved and signed, on the 3d instant, the follow in JtResolutions: A JtResolution (S. It. Tlo. 34) expressive of the gratitude of the nation to the officers soldiers, and seamen O he U.S.; an A JtResolution (.R. No. 75) making appropriations for the expenses of collecting the revenue from customs and also that the President had aproved and signed, on the 6th instant, the following acts: An act (S.No.26) to encourage tclegraphic communication between the U.S and the island of Cuba and the other West India islands, and the Bahamas; and An act (S.No.155) concerning the bound aries of the State of Nevada.
Mr. ANTHONY. A few days ago I reported from the ComPrintg a resolution to reduce the number of copies of the mechanical Patent Office lte ort, which was laid over at the suggestion of the Senfrom NewHampshire, [Mr. GLAD L] and if he has no objection I should like to have the resolution disposed of now. he motion was agreed to; and the Senate resumed the consideration of the following resolution: Resolved, That the number of copies heretofore orderedof the Reports of the Patent Office for the years 1863and 1661he reduced from 10,000 of each to 4000of each. The resolution was agreed to.
Skip Skip MESSAGE FROM Tm: HOUSE. A message from the HoRep, by Mr. MOPHERSON, its Clerk, announced that the HoRep had agreed to the resolution of the Senate instructing the standin Committees of the 2 Houses on Public uildings and Groundsto make inquiry concerning the further accommodation of the State Dept. The message further announced that the HoRep had passed, without amendment, the bill (S.No.90) enlargin the powers of the levy court of the county of ash in ton, in the DistCol. he message also announced that the HoRep had passed the followin bills, in which it requested the concurrence of the Senate: A bill (H.R.No. 3) to revive the grade of general in the U.S. Army; A bill (H.R.No. 352) to incorporate the National Theological Institute; A bill (H. It. No. 888) to authorize the extension, construction, and use of a lateral bunch of the Baltimore and Potomac railroad into and within the DistCol; A bill (H.R.No. 482) to incorperate the Howard Institute and Home, of the DistCol; and A bill (H. It. No. 510) to incorporate the Academy of Music of Washington city. ENROLLED BILL SIGNED. The message further announced that the Speaker of the HoRep had signed an enrolled JtResolution (S.R.No. 80) extending the time for the completion of the Union Pacific railway, eastern diVision; and it was thereupon signed by the President protempera. PAY or ARMY orrienns. liMr. NESMITH. move that the Senate proceed to the consideration of House JtResolution No. 101. The motion was agreed to; and the Senate resumed the consideration of the JtResolution (H. lt. NO. 101) for the relief of certain officers of the Army, the pending question being on concurring in the amendments made as in ComWhole.
The Secretary read the JtResolution, as amended, as follows: lieyclued, Ava. That in every case in which a.com missioned officer actually entered on dutyas such commissioned officer. but by reason of being killed in battle. capture by the enemy, or other cause be yond his control and without fault or neglect of his own. was not musteredwithin a period of not les than 30 days from acccmince of appointment or actual entryu on duty, an whowas a erward regularly inustere into the serviceof the U.S., the pay Dept shall allow to such officer full pay and emoluments from the date on which such O oeractual] enteredon such dutyas aforesaid.doductlng ffomt enmountpaid. ip accordancewiththis resolution. all payactually receivedby such officerfor such period.
Mr. WILSON. I desire to have this JtResolution lie over, for the purpose of having a report made in regard to some questions asked at the War Dept connected with it. I hope the Senfrom Oregon will let it lie over today, and I shall endeavor to be ready to ine irow.
Mr. WILSON. I move thatthe further consideration of the JtResolution be postponed until tomorrow. The motion was agreed to. VOLUNTEER ARMY REGISTER. On motion of
Mr. WILSON, the JtResolution (S. lt. No. 83) respecting the publication of the Volunteer Army {cgister was read the 2nd time, and considered as in ComWhole. It proposes to require the SecyWar to cause to be canceled the volumes of the Roster of volunteers already printed, and to provide that the Roster compied as directed By the JtResolution approved March 2, 1865, be published in accordance with a plan submitfedbytheSu erintendentofPublicPrinting.
Mr. WILSON. The object of this JtResolution is to have a correct publication, and to have it at a greatly reduced cost. A JtResolution was passed the object of which was to have a correct roll of the officers of volunteers. The 1st volume has been published, covering the NewEngland States. I have examined it with care, and I do not believe there is a single page of it without an error; whole regiments are left out; names of officers are left out and others misspelled, and misstatements made as regard to them. As a publication it is utterly worthless, and worse than worthless. This proposition is to cancel that publication, and to adopt a.plan that will, instead of having 8 volumes, get it into 3 or 4, less than half the space now occupied, and to have it correct. There is no difficulty in he in a correct Register. It simply requires in tcl igence and careful examination: and unless it be correct it is of no account. This proposition is to cancel the volume already published, and to commence anew on a plan prepared by the Sn crintendent of Public Printing and I think that if this be adopted, it can be done at less than half the expense now about to be incurred. It is a proposition to get a correct list at less than ha f the expense or which we are to have this incorrect one, and therefore I hope it will be adopted.
Mr. ANTHONY. I quite agree in the remarks that the Senfrom Massachusetts has made; but I should like to inquire ofhim if the resolution provides for another defect which I noticed in that Register. In regard to a large number of the regiments, I should think half of them, there was this note, “The engagements in which this regiment has borne an honorable part have not been made known in general orders, ” although some of the regiments were disbanded 2 or 3 years ago. I do not see why it is necessary that the butt es in which the regiments have borne art should be promulgated in general orders before they can be put upon the roster; but if it be necessary, I should like to know of the chairman of the Committee on Militai Aflhirs when we may expect those orders to be issued. Some of those regiments have been out of service for 3 or 4 years and some of them were in a good many battles.
Mr. WILSON. scarcely any of them have been promul rated.
Mr. ANTHONY. Does this resolution provide for that “I
Mr. WILSON. I think it does not, but the object is to have it published on a correct plan. Mr. ANTHON. Would it not be better to put in an amendment that the battles in which they have been engaged should be placed on the roster?
Mr. GRIMES. I should like to know of the chairman of the ComMilAffrs what is the necessity for publishing these large and cumbrous volumes. I suppose there is not a State in the Union that has not thorough reports already made embracing the name of every person who has enlisted into the Army from that State during the war, and what he came of him, whether he was promoted or not, and whether he came out of the service safe or not. 1 know that to be the case with my State, and I am thoroughly satisfied that no volume can be compiled here at the capital that will be half as accurate or satisfactory in regard to my State as the adjutant general s report of that State. I suppose other States are doing the same thing. If this be so, where is the necessity of duplicating these reports? I suppose these volumes will cost one or 200,000 dollars before we are done with them.
Mr. WILSON. 240,000 or 250,000 dollars on the original lan.
Mr. GRIMES). I apprehend the Senators own State has an adutant generals report.
Mr. WILSON. Certainly; and I consider it very perfect.
Mr. RIMES. We have one in my State which is very accurate, and I presume every State has or will have; hence where is the neccssit for duplication?
Mr.WILSO. I will state to the Senfrom Iowa that in 1864 a JtResolution was passed providing for the publication of a full Army Volunteer Register to be in connection with the regular Army Register. This was not complied with, however; and on the 2d of March, 1865, another Jtresolutionwas passed “to provide for the publication of a full Army Register.” It provided “That the SecyWar he, and he is hereby authorised and required to cause to be printed an published a full roster or roll of all general. field, inc and staff officersof volunteers who have been in the Army of the U.S. at any time since the beginning of the presentrebellion, including all informal organizationswhich have beenreorganized or acceptedand paid by the U.S. showing whether they are yet in service or have cen dischargedtherefrom and giving casualties and other explanations proper for such register and to do frayin whole or in parttho expensesof this publication. an edition of 25,000 copies of such enlargedRcgistershall bepublishedandmaybe sold to officers.soldiers, or citizens, at a price which shall not morethan cover the actual cost of paper. printing, and binding and shall not in any caseex usedone dollar pervolume." Under this resolution the 1st volume has been prepared, which includes the NewEng land States. I have examined it, and find that several of the regiments are left out altogether, and in regard to other regiments there are many errors. I examined the list of 3 Massachusetts reiments and found several mistakes in each, and have no doubt that there is hardly a page in the volume which can be relied upon.
Mr. FESSENDEN. How much has that volume cost?
Mr. ANTHONY. Adollaravolumeforcach copy; it will take 4 volumes.
Mr. WILSON. I understand that it will take 8 dollars. We sell it for a dollar a volume, but it will cost more than that. The volume cannot be 0t ii for anything like a dollar.
Mr. FESSENDEN. What is the gross amount of expenditure?
Mr. POMEROY. It. occurs to me that a correct list had better be.taken from the offices of the adjutant generals of the various States, and not try to ct it. here.
Mr. wILSO. I think that if the Senfrom Kansas had this work to get out he would Consultthe officer here and consult the adju tant generals office of each State also, and compare the records, and then he would have a correct list. I should be very sorry if with the means atour command any men ofintelli gence could not make a perfect list. There is no difficulty about it; it only requires labor, thought, care.
Mr. POMEROY. I supposed each State had a perfect list. I know t rat my State has been at great expense and has spared no pains in getting a most perfect list for the State and I supposed all the States had done the same. It occured to me that if the resolution was to be passed the list when made out ought to be made up from the returns in the adjutaut Generals office of each State rather than by exam ining the rolls here. That would save a great part of the labor of etting it u at any rate.
Mr. GRIMES. I am satisfied that such a report as the Senfrom Massachusetts de sires to have published by the authority of congress, publised in an intelligible form and in type which gentlemen who have reached that period of life which he and I are now entering upon can read, will embrace not less than 25 volumes. I am speaking of that whereof know something. The State oflowa furnished about 75,000 troops, and the last I knew of the report in that State on this subject, which was printed in a reasonable sized type, it embrace 2 volumes nite as large as this, [exhibiting an octavo vo ume] and I think there isanother one about to be published.
Mr. KIRKWOOD. Thatincluded, however, a list of the privates as well as the officers.
Mr. KIRKWOOD. I have one of those reports which contains the name of every man in our State that went into the service, officer or private.
Mr. GRIMES. That is, I so pose, whatwe are going to publish here. W 1y do we want to publish the name ofa2nd lieutenant and not publish the name of an orderly ser cant?
Mr. KIRKWOOD. This provides or the officers only.
Mr. GRIMES. What is the purpose of this thing? It is to give some data to govern our officers in the future. If it is to result in anything of real advantage to the Government it must be something tangible that can be relied upon in the future as to not only the number of men that went into the service, but the identity of the men inquestion, growing out of pensions, &c. I would not give a straw fora mere roster of the officers. T hot indicates nothing. It was not the officers that t(ought our battles and won our victories for no. I would like to see the grudationsby which these men went up from privates to become officers, which is exhibited by the adjutant generals report of my State, showing thata very large proportion of the men who went into the Army as officers ceased very soon to be such, and that the menwho went in the humblest and lowest positions.very soon became the commanders, not only of their companies, but of their regiments and of their brigades. such a report as that may be of value, although if you publish such a one as that, it seems to me it is only cumulative of expense when the States have already done it. We have got a report in my State that embraces officers, privates, musicians, everybody connected with the service, showing when he entered the service, when he went out, what offices he filled during the time he was in service, what has become of him since, where he was born, and in what place he enlisted. such a report as that is of value. This report will be utterly worthless to the public. I ope the Senator will allow this JtResolution to be recommitted to his committee, and that they will report a bill repealing the law which authorized this printin" to be done.
Mr. ANTHONY. I should like to have it recommitted.
Mr. SHERMAN. If this matter is to go over I should like to call up the motion to reconsider the amendment to the postoffice appropriation bill.
Mr. WILSON. I move to recommit the resolution to the ComMilAffrs, and we will reconsiderit: and I ask thatiu the mean time the report in this case he examined by the Senate. They will see that this work ought certainly not to Go on.
Mr. ANTHONY. I wish to call the attention of the chairman of the ComMilAffrs to another defect in this report, which I think this resolution does not provide against. There is nothing in this resolution that prevents the new roster from being edited precisely as this is. There should be some provision for a competent editorial supervision of it; and there should also be a provision for a record of all the battles in which regiments have borne an honorable part, whether promulgated in general orders or not. Butifwe merely pass this resolution as it stands, I do not see that there is any provision in it for correcting edi torial errors. There oughtto be some come tent officer detailed, audit should be made is entire business to correspond with the adjutant generals of the several States and have all the records of each State submitted to the State authorities.
Mr. DOOLITTLE. If the Senatorwill allow me. I will suggestto the Senfrom Massachusetts, as he and I are on the Military committee, that this resolution be referred to the ComPrintg. The ComPrintg understand this matter better than we do, and they now have the ideas of the Senfrom Massachusetts on the subject.
Mr. ANTHONY. This resolution has never been before the ComPrintg; the ComMilAffrs have had charge of it, and I think they had better keep charge of it. It is rather an extravagant thin, and the Committee on Irintine r never reporte anything extravagant, and we do notwant to be responsible for it.
Mr. WILSON. I move that this JtResolution be recommitted to the ComMilAffrs . I think we shall get it into a satisfactory shape. The motion was agreed to.
Mr. WILSON asked, and by unanimous consent obtained, leave to introduce a JtResolution (S.R.No. 86) to provide for the publication of the official history of the rebellion; which was read twice by its title, and referred to the ComMilAffrs . nousr. BILLS nursunsn. The following bills from the HoRep were severally read twice by their titles and referred as indicated below: A bill (H.R.No. 3) to revive the grade of general in the U.S. Army to the IComMilAffrs . A bill (H.R.No. 352) to incorporate the National Theological Institute to the ComDistCol. A bill (H.R.No. 388) to authorize the extension, construction, and use of a lateral branch of the Baltimore and Potomac railroad into and within the DistCol to the ComDistCol. A bill (H.R.No. 482) to incor orate the Howard Institute and Home, of the DistCol to the ComDistCol. A bill (H.R.No. 510) to incorporate the Academy of Music of Washington city to the ComDistCol.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. MCPHERSON, its Clerk, announced that the HoRep had passed the following bill and JtResolution. in which it requested the concurrence of the Senate: A bill (H.R.No. 563) to regulate the time and fix the place for holding the circuitcourt of the U.S. in the district of Virginia, and for other purposes; and A joint. resolution (H.R.No. 137) to provide for the exemption of crude petroleum from internal tax or duty, and for other purposes. ENROLLED BILLS SIGNED. The message also announced that the Speaker of the HoRep had signed the following enrolled bills and JtResolution; which were thereupon signed by the President protempore: A bil (S.No.90) enlarging the powers of the lev court of the county of Washington, in the DistCol; A bill H.R.No. 214) for the benefit of colonel R. 12. Bryant; A bill (H.R.No. 238)to amend an act entitled “An act relating to HabeasCorpus and reg ulating judicial proceedings in certain caSes, " approved March 8, 1863; bill (H. ll. No. 347) for the relief of Mr. L. B. Clarke; A bill (H.R No. 473) to extend the jurisdiction of the Court of Claims; and A JtResolution (H.R.No. 107) for the relief of Rev. Harrison Heermance, late chap lain of the 128 h regiment NewYork volunteers. postoffice APPROPRIATION BILL. Mr! HOWARD. I move to take up Senate bill No. 109 relating to the Sioux City branch of the Pacific railroad.
Mr. SHERMAN. It is hardly worth while to take that bill u. At one oc ock there is a ccial order, an it is now one minute to one o clock.
Mr. SHERMAN. The motion to reconsider the amendment to the postoffice appropriation bill, and it ought to be disposed of. do not think it will take long to dispose of it.
Mr. HOWARD. Very well; withdraw my motion.
The PRESIDENT proiempore. The moming hour having expired, it becomes the duty of the Chair to call up the unfinished business of Friday.
Mr. SHERMAN. I move that the unfinished business and all prior orders be postponed, and that the Senate now proceed to the consideration of the postoffice appropriation bill. The gripnished business, I believe, is the railroad I s The motion was agreed to and the Senate resumed the consideration of the bill (H.R.No. 280) making approprintions for the service of the postoffice Dept during the fiscal year ending the 30t of June, 1867, and for other purposes, the ending question being on the motion of Mr. POLAND to reconsider the vote by which the Senate adopted the following amendment offered by Mr. BUMBULL: Abife: That no person exercising or performing or undertakin, to exerciseor perform. the duties of any office whiofi by law is required to be filled by the advice and consent of the Senate lllhaarlyl. Beforo confirmation by the Senate.receivean or compensation for his services unless such person becom inionnd by the President to fill up vacancy which has happened during the recessof t. cSennto, and since its last adjournment. by death. resignation. expiration of term, or removal for acts done or omittedjn violation of the duties of his olice; the cause.in caseof removal, to be reported to the Senate at its next session.
Mr. FESSENDEN. Will my friend allow me to make a Bug estion?
Mr. FESSENDEN. In the case of the comtroller of the Currency we provided by law that he should notbe remove without the consent of the Senate.
Mr. TRUMBULL. I thank my friendfrom Maine for that en estion. I recollect that there is such a provision, which was made, perhaps, in 1863; and the provision which it is now proposed to insert as an amendment to this bill also has a precedent the same year. The Senfrom Vermont has denounced it as aggressiveon the President, as inviting attack, as asSailing him, whereas in 1863, when congm was acting in harmony with the President, there was attached to an appropriation bill the Army appropriation hi 1, I thinka provision very similar to this, not going quite so far, but providing that no officer appointed without the advice and consent of the Senate to a vacancy to which their advice and consent might have been obtained, should receive any compensation until he was confirmedby the Senate. So, air, this is no new proposition; it is no new proposition in an appropriation bill; it is no new r position in the law to deny the authority of the oPresident to remove from Office without the consent of the Senate. It was denied, as I am informed expressl; and as I recollect in 1863, in regard to the crap troller of the Currency. SO the Senfrom Vermont is mistaken as to the powerofremoval having always been exercised by the President adlibitum, and I believe he is totally mistaken as to the exercise of this power in the removal of the officers of the Army and the Navy; and I should like him to draw the distinction between them and civil officers. No President, so far as I am advised, ever undertook at will and without authority oflaw to appoint and dismiss officers of the Army and oficers of the Navy. L
Mr. KIRKWOOD. During the war, by special law, the President was authorized to um marily dismiss Officers of the Army.
Mr. TRUMBULL. If there was such astut ute. it is in confirmation of my argument, because it shows that Congress specially conferred the authority upon the President. Perhaps there was a statute passed during the war on the supposition that it might be necessary at such a time for the President to have the power summarily to dismiss and appoint officers.
Mr. FESSENDEN. I an gest that there is a statute of that kind. I have looked at it within a day or two; but the authority was not conferred upon the President by that stat ute; it had been exercised by the President before, with regard to strikin the names of officers from the roll of the rmy. He had been in the habit of doing it in special cases.
Mr. TRUMBULL. Had the President been in the habit of dismissing them from office?
Mr. FESSENDEN. Butt at law gave particular authority to it.
Mr. TRUMBULL. Was not the power given after trial by courts martial?
Mr. FESSENDEN. Generally it was; but there were some s iecial cases where it was done by the President imself.
Mr. JOHNSON. The case of General Gra tiot was one instance.
Mr. FESSENDEN. There ware several instances in which the President exercised the power of striking the names of officm s of the Army from the rolls at once. So it was in the Navy. I think there was a case recently; my impression is that Captain Preble was removed from the Navy, dismissed the service.
Mr. ANTHONY. Was there not a court martial?
Mr. JOHNSON. General Jackson dismissed one or 2 for sending a challenge.
Mr. TRUMBULL. Was there not a law expressly prohibitirw the sending of challenges?
Mr. JOHNSO;. Of course there was; but there was no law giving the power to the president to remove a man for that reason. General Gratiot was dismissed by Mr. Van Buren without any court martial.
Mr. TRUMBULL. I should like to inquire of the Senfrom Maryland if that power has ever been conceded. It has been discussed and denied since I have been a member of the Senate. Imean the power to remove at pleasure an Army or Navy officer.
Mr. JOHNSON. I knowit has been but it has always been exercised.
Mr. JOHNSON. I mean to say that in every case where the President thought there ought to be a removal he has removed.
Mr. TRUMBULL. I do, not so understand it. I understand the law provides for courts martial and trials to remove a military officer. Does the Senfrom Maryland mean to say that in every case where the President thought a man ought to be removed, instead of putting him upon trial. he has assumed to remOve him himse f 3 that that is the general practice of the Government?
Mr. TRUMBULL.; Has not the practice been the other way in a large majority of cases, that the Officer has been tried by a court mar tial or in some other way, and been dismissed the service, if dismissed at all, in pursuance of the finding of a court? Does not the law provide for that?
Mr. FESSENDEN. Thatis done under the Army regulations; but although thatis the General practice. yet, according to my recollection, there have been some instances where Presidents have, without. any court martial, taken the responsibility of striking the names of officers from the rolls of the Army.
Mr. TRUMBULL. I am bound to suppose Was not that since this denied, there have been such cases. I did not recollect them, but theyiare the exceptions; the general rule is the other way, and the very fact that the law provides a mode for trying incompe tent Officers or officers guilty of malfeasance in office who are attached to the Army and Navy, goes upon the idea that without this authority the power to dismiss them summarily does not exist; and I am quite sure if the records are searched there will he foundto be very few cases of the character illuded to by the senators from Maryland and Maine. Mr. Van Buren, it seems, exercised the power. I was not aware that any President had done it, and I apprehend that it will be found that it is of recent origin, and that no such power was attempted to be exercised in the early history of the Government; and the general rule is anquestionably the other way. lhe Senfrom Vermont tells us it is an anomaly that a man may legally fill an office and yet not be entitled to pay. In it an anom aly? There is a bill pending on the table now authorizing the appointment of commissioners without any pay. They legally fill the office created by law, commissioners to go to Europe without any pay at all. Is that an anomaly?
Mr. POLAND. The Senator misunderstands my position. Where a man holds an office and the law makes provision for his payment, provides what his pay shall be. it seems to me very strange that we should undertake to provide that he may hold the office and not have the compensation which the law provides.
Mr. TRUMBULL. Except by and with the advice and consent of the Senate.
Mr. SHERMAN. That is after the session is over. “above is a man who has held an office during all the years of the war, and received its emoluments, he shall not be turned out and a Union soldier without a leg or an arm put in, or if put in that soldier shall not draw his pay until the Senate meets and passesupon the reasons for the removal, and then if the Senate does not think the removal is sufficiently justifiable by the reasons stated, he shall not have any pay at all. That is the effect of this provision. T his, therefore, does not reach the purpose contemplated by the Senfrom llli nois. His purpose, I know, is to provent the President from removing men for their political opinions; that we all know to be the purpose; but the President has, by the very terms of the amendment, the power to remove. All he has got to do“ is to give us a reason, whether that reason is wise or unwise, sufficient or insufficient. He may give us a reason, and turn us off with a reason. Reasons are as plenty as blackberries. He may say he removes a man because he is a civilian and the person he appoints was a soldier.
Mr. TRUMBULL. The Senator does not remember the phraseology of the amendment inregard to that point. It is for an act done or omitted in vioation of his duty.
Mr. SHERMAN. “ For acts done or omitted in violation of the duties of his office.” Take the case again which I formerly put: suppose an officer discharging the ordinary routine of his duties, say a clerk in one of the Depts, has enjoyed that office until after the adjournment of the Senate. there is no specific act to be alleged against him, but it is thought to be desirable to make a place for a Union officer, not a rebel
Mr. CLARK. The clerks are not touched by this.
Mr. JOHNSON. The fair inference is that all not named are inferior officers.
Mr. SHERMAN. As the Senfrom Maryland says, it is a fair inference that all officers not named in the clause of the Constitution, “ambassadors, other public ministers, and consuls, judges of the Supreme Court, and all other officers of the U.S. whose appointments are not herein otherwise provred for.” are inferior officers.
Mr. HENDERSON. Madison says that:1. Cabinet minister is not an inferior officer.
Mr. SHERMAN. I take it that exercising common sense in the construction of the clause, no one would say that Cabinet ministers, who are officers of the highest grade, were inferior officers; but with regard to the host of subor dinate officers, including postmasters, I have no doubt of the power of Congress to say that the power to appoint all the postmasters of the U.S shall rest in the courts of law or with the heads of Depts. There can be no doubt of it; so that our power over this subject is substantially unlimited, and thus we have the right to control and check the power of removal. Why, sir, we declare by law that an Army officer shall not be deprived of his commission except by court martial and trial by his eers; an the same is true ofan officer of the avy. So of the various officers under the steamboat lasv, who are removed by the action of the judge of a court, and the supervising inspector, and a kind of a board that is organized; and so of the Comptroller of the Currency. Congress have repeatedly imposed limitations on the power of removal, and there is no difficulty in this congress providing such a limitation. I only say that he exercise of the power in this form is objectionable as an amendment to an appropriation bill; that this particular (proposition does not meet the evil complaine of; and that on the other hand we have a remedy and a power to control remov als by the President urnished us by the constitution, and which may now be exercised with great ease by this Congress if they choose to set themselves to work upon it. From all the develoments that have been made up to this time, do not believe that we have the right to so, as the honorable Senfrom Illinois says, that rebels will be appointed to fill the offices of the Ger ernment; that the President will turn his back upon those men who placed him in his high position, and appoint rebels to office.
Mr. TRUMBULL. I trust the Senator did not understand me to say that the President would appoint rebels. I said they might be appointed, and we had a right to provide that the should not be paid; but I do not think I sai that the President would a}point rebels to office.
Mr. SHERMAN. I do not wish to extend.the langun e.
Mr. TRUMBULL. But I understand that we are asked to repeal the test oath so that rebels can take office.
Mr. SHERMAN. There were certain cases in which men who had taken part in this rebellion were appointed to office. They were appointed by the PostMGenl and the SecyTreasury. The matter was referred to us in all cases, and we had a special message on the subject. at
Mr. TRUMBULL. How was it with the provisional governors?
Mr. SHERMAN. They are not officers under the law; they are simpl agents; and I believe it was so held by the ComJudiciary. They are not officer s under the law; they are not officers whose nominations are to be submitted to us; they are simply agents for the time being, provisional in their character, I may say like spies or other persons employed in case of war, not officers in any sense of the word.
Mr. HENDERSON. If the Senfrom Nevada will excuse me, [should like to ask the Senfrom Ohio a question.
Mr. STEWART. I will yield, if it will not take too lon.
Mr. HENDERSON. I shall not occupy much time. The Senfrom Ohio says we They are military, have entire control over this question, and that if the President should appoint, during the coming summer, men that we are not in favor of, we can control those appointments next winter. Let me ask the Senator, if the president can, immediately after the Senate adjourns, remove an officer and thereby create a vacancy, and can fill that vacancy, to lastuntil the last day of the next session of the Senate, what is there to prevent his doin the same thing at the end of the next session, and so continue making vacancies always immediately after the adjournment of the Senate? Because, if the policy heretofore adopted by preceding Administrations be carried out, the resident can create a vacancy at any moment he chooses by turning an officer out, and when a vacancy is created of course he canfill it. Then what control has the Senate over it? If the Senate rejects the appointment. the vacancy has been created, and of course the President can appoint somebody else. What control have we over it?
Mr. SHERMAN. I have already stated that we can declare that an officer shall hold his office only for such a term, and that he shall not be removed, or we may take away from the President the power to appoint these officers, or have it to another Dept or oficer.
Mr. JOHNSON. As I am obliged to leave the Senate, I appeal to the honorable Senator to permit me to detain the Senate for about ten or 15 minutes only.
Mr. STEWART. Will the Senator allow me one word at this point?
Mr. STEWART. The Senator misapprehends me
Mr. HOWE. I am not referring to the Senfrom Nevada. I have not got to him yet.
Mr. STEWART. The Senator misapprehends me if he supposes that is the ground I place it n on. 1 place it on the ground that do not now whether we have got any use for any such war as yet, and I want to wait and see.
The PRESIDING OFFICER, in the chair.) The question is, Wil(lMthreVESeLAnantse reconsider the vote agreeing to the amendment?
Mr. SHERMAN called for the yeas&nays, and they were ordered; and being taken, resulted yeas 21, pays 18; ABSENT 10.
The PRESIDING OFFICER. The question recurs on the adoptionof the amendment.
Mr. HENDERSOL. I move that the Senate do now adjourn.
Mr. SHERMAN. I think that unless some Senator desires to debate the matter further or to move an amendment, we had better go on and get through with the bill.
Mr. SUMNER. Let me remind the Senator thatthere are several Senators absent who would like to have an opportunity to vote on the question., Mr. CRESWELL. I ask the Senfrom Missourito give way for a moment until I can make a formal motion. My colleague has in formed me that private business will require his absence from the Senate until Monday next, and he has requested me to ask leave of absence for him until that time.
The PRESIDING OFFICER. The question is on the motion to adjourn, unless the Senfrom Missouriwith rows his motion. The motion was agreed to ayes 24, does not counted; and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. Morton, May 7, 1866. The House met at 12 o clock in; Prayer by the Chaplain, Rev. C. B. Dormer. The Journal of Saturday was read and approved., onnan or nrsrxnss.
The SPEAKER stated the 1st business in order to be the call of committees for reports to go upon the Calendar, and not to he brought back by a motion to reconsider. No reports were made. The S BAKER. stated the next business to be the call of States for resolutions, commencing with the State of Indiana. COLORED SUFFRAGE.
Mr. JULIAN. I submit the following resolution, and demand the previous question on its adoption: Rowland. That the ComJudiciary be instructed to inquire into the expediencyof reporting a bill providing that hereafter the rlect ve franchise shall not hedenied or abridged in any of the Territories of the U.S. on account of race or color: and providing further and thereby giving notice of the fact, that lit nce forward no Statewhic the mople of nayof said Territories may organise shul be admitt into the Union whose constitution shall sanction jucb denial or abridgment of the clectlve franchise.
Mr. WILSON, of Iowa. I ask whether the gentlemau diroposes to instruct the committee. The SP Ahldlt. It is a mandatory resolution.
Skip Skip Mr. JULIAN: I am willing to modify it so as to make it a resolution of inquiry. I demand the previous question. The previous question was 2nded and the main question ordered. Mr. FINCK demanded the yeas&nays. llie yeas&nays were not ordered. Mr. ELDRIDGE moved that the resolution be laid upon the table. Mr. ll A N DA LL, of Pennsylvania, demanded the reas&nays. 1 ie yeas&nays were ordered. The question was taken; and it was decided in the negative years 29, nays 76, not voting 78; So the motion to lay on the table was not agreed to. The resolution was then adopted. Mr. JULIAN mtRtv the resolution was adopted; on the table. Agreed to. U.S. CIRCUIT COURT IN VIRGINIA.
Mr. LAWRENCE, of Ohio, introduced a bill regulating the time and place for holding the circuit court of the U.S. in the district of Virginia, and for other purposes which was read a 1st and 2nd time, ordere to be engrossed and read a 3rd time; and being engrossed, it was accordingly read the 3rd time.
Mr. LAWRENCE, of Ohio, demanded the previous question on the passage of the bill.
Mr. RANDALL, of Pennsylvania. I hope now that the Chief Justice will perform his duty, and not try to place the blame on the President.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the bill passed. Mr. LAWRENCE, of Ohio, mtRtv the bill was passed; on the table. Agreed to. I IMILOIES IN THE DEPTS.
Mr. SMITH. I did not hear the State of Kentucky called, being occupied at the time, and I ask leave to introduce the following resolution: Renoloed.That the SecyState. SecyWar. SecyTreasury. SecyNavy. SecyInterior. PostMGenl and Attorney enerul be requestedto report to the House the number ofelcrks. Male and female.now in their respectiveDepnrtmenisJrom which Statesthey were appoipted and what was their occupation beforeappointment., Mr. FARNSWORTH. I object.
The SPEAKER. This resolution being a call for executive information it requirezsunau imous consent.
Mr. SMITH. I ask the gentleman to with draw it.
Mr. FARNSWORTH. If the gentleman will look in the Blue Book he will fin all he wants.
Mr. SMITH. I wish to make this statement: it was but a few days ago that I saw the recommendation of a man who had just come out of the rebel army for appointment in some of the Depts, and but for the fact that he could not take the oath would have been there now. I understand there are efficient, capable, good men. who wish appointments who have served their country, who have one arm or one leg, who desire positions, while there are those who have never been in the service. at all who have obtained appointments. I wish to ascertain and have the country know these facts, and therefore I introduce this resolution. I wish to see men who are deserving rewarded by the Government they have serve. That is all the object I have in introducing this resolution, and I iopo the Gentfrom Illinois [Mr. Fmsswonru] will withdraw his objection and let the resolution be passed.
The SPEAKER. The Chair understands that the Gentfrom Illinois withdraws his objection. Is there unanimous consent to the introduction of the resolution?
Mr. WILSON, of Iowa. I suggest that the word “re nested” be changed to “directed.”
Mr. 8M TH. I have no objection. I supposed the word “requested” would bring the Information.
The SPEAKER. The usage of the House is, where information is desired of the President to use the word “requested, ” but where it applies to Cabinet ministers to use the word “directed.”
Mr. GARFIELD. Should not that be in the form of a JtResolution?. The SPEA (ER. The House directs Cabi net officers to report about anything.
Mr. NEH CUR. I suggest to add to the resolution the words, “al. O those, if any, who have been in the confeder the army, giving the names, nnmber and residences.”
Mr. SMITH. I do not understand that to be the case. but I have no objection to the tmiendment being made.
Mr. MORRIS. I suggest that the resolwtion embrace the further inquiry, how many of the famil occupv positions.
Mr. SMI"H. If we can arrive at the fact without incumbering it too heavily I have no objection and I will not object if the House will allow me to include in niry into the customhouse at NewYork. Iiecanse I will state that men who have been in the service and who have been promoted to the highest rank have actuall begged their bread in the streets of NewYork because of the refusal of the place of watchman in these Depts that are within the gift of the Government, while others who have not in any way helped to defend the country have been the beneficiaries of those depts.
Mr. FARNSWORTH. I like the object of this resolution, but I hope my friend will permit it to be modified by directing the heads of Depts also to state by whom those several clerks were recommended for appointment. Let us know if there are any rebels in the Depts and who recommended them.
Mr. SMITH. I will nce e t that and “ by whom recommended;” and demadd the previous questiou.
Mr. ADFORD. I call for the reading of the resolution as modified. The resolution, as modified, was read, as follows: Remred. That the SecyState. the SecyWar. the SecyTreasury. the SecNavy. The SecyInterior. the Poslninsler General and the AttyGen be directed to report the number of clerks. male and female.now in their respective Depts. from which states they were appointed and what was their occupation cforo appointment: and also the names. number and residences. if any. of one as have beenin the late rebel army and y whom the latter classwere recommendedtor appointment.
Mr. SMITH. I desire to modify the resolution by inserting the words “ and the number who have served in the Union Arm.”
Mr. ASHLEY, of Ohio. That is right; let us see how many there are there.
Skip Skip The previous question was 2nded, and the main question ordered; and under the operation thereof the resolution was agreed to. DISTCOL.
Mr. WELKER introduced a bill to nnnul the 304th section of the declaration of rights of the State of Maryland so far as it applies to the DistCol; which was read a 1st and 2nd time, and referred to the (bmmittee for the DistCol. DOCUMENTS FOR GLOBE REPORTERS.
Mr. CLARKE, of Ohio, submitted the following resolution: Remlved, That the House reporters of the congressionalGlobe be furnished with 3 copieseach oHf all bills and resolutions printed by order of the House.
Mr. WASHBURNE, of Illinois. Will those copies be taken from the number which members receive? There is a standin order as to the number of copies which shalfbe printed. I should like to now if these copies are to come out of that number. I have no objection to the resolution. I think the reporters should have copies of these bills and resolutions, but it shonl be in addition to the regular number printed.
Mr. CLARKE, of Ohio. Under the standing rule a sufficient number of copies is printed to an ly what is called for by this resolution.
Mr. WASHBURNE, of Illinois. It may be so in some instances, butI think the resolution had better be modified so as to provide for the printin of an additional number of copies.
Mr. CLARKE, of Ohio. There is no need of increasing the number. There is a sufficient number printed to supply this demand. I move the previons questiOn.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the resolution was adopted. TRANSFER or AGRICULTURAL DEPT.
Mr. LAWRENCE, of Ohio. submitted the following resolution, upon which he demanded the previous question: Resolved.That the ComAg be instructed to inquire into the expediencyof removing the dept of Aprienlture tooneof the West 0311States and that sui committeereport by bill or o OIWISG.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the resolution was agreed to. PRINTING OI? SMITHSONIAN REPORT.
Mr. GARFIELD submitted the following resolution; which was read and referred, under the law, to the ComPrintg: Resolved That, 5,000 entra copies of the Report of the SmithsonianInstitution beprinted, 2000 for the Institution and 3 t onsand for the use of the membersof the House. DISTRIBUTION OF 0RDNANCE.
Mr. SCHENCK introduced uJtResolution relating to the distribution of ordance and ordnance stores union the States; which was read a 1st and se oon time, and referred to the ComMilAffrs. O RECONSTRUCTION COMMITTEE.
Mr. BOYER submitted the following preamble and resolution, upon which he demanded the previous question, and called for the yeas&nays: Whereas the JtCommeeof 15 on reconstrueion rported on the 30th ultimo. after the arduous labors of 5 months continuous infil bation. a well matured plan of "how not to do i " in which they have fully met the expectations oft a country. which is as much as ought ordinarily to demandedof any committee: Therefore. [Chaired by the HoRep the Senate concurring.) Thatsaid Jtcom be discharged.
Skip Skip Mr. BROMWELL. I move to lay that resolution on the table. Mr. LEBLOND. I demand the yeas and as s on that motion. The yeos&nays were ordered. The question was taken; and it was decided in the aflirmative yeas 100, nays 24, not voting 59; So the resolution was laid on the table. DISTRIBUTION or.issASSINArION nuwsnns.
Mr. KELLEY submitted the following resolution: Rewloed. That the ComClaims be instructedto inquire into the fairness and propriety of the award of the rewards offeredfor the arrest of JeffersonDavis and thoconspirators to murder Prel ident Lincoln; and that the ComAppropriat be instructed to take no action on the same until the Committee of Clainls shall have reported the result of their investigationsand the Honsotakuu action thereon.
Mr. GARFIELD. Will the Gentfrom Pennsylvania [Mr. KELLEY] explain the necessity for the passage of such a resolution as this?
Mr. KELLEY. Iwill very gladly give an explanation of it if the House will permit.
The SPEAKER. If objection be made the resolution will go over under the rule if it gives rise to debate.
Mr. KELLEY. An award has been made, which has already given rise to many objections and as the ComAppropriat have been ordered to prepare a bill nsiultinrran appropriation
Mr.I(ASS N. I think the House has made no such order.
Mr. KELLEY. We have passed a resolution instructing the ComAppropriat on that subject.
Mr. KASSON. The resolution was simply referred. I would ask the gentleman if he knows of any action of the ComAppropriat which makes it necessary to ask the House to enjoin the committee from early action.
Mr. KELLEY. This is intended merely to guard against the subject being acted on by the ommitiee on Appropriations before the cm mittee of Claims shall have inquired into the proriet of the award. h
Mr. ASSON. The order of the House directing the ComClaims to inquire into the subject, I presume, would be sufficieut for the ComAppropriat.
Mr. KELLEY. Very well; I will modif my resolution by striking out that portion which relates to the Committee on appropriations; and also substitute the word “ istribution” for the word “award.” It will then be a simple resolution instructing the Committee of laims to in nire into the propriety of the distribution oft e.rewards.
Mr. FARNSWORTH. The Committee on appropriations have the subject before them Wit a design to inquire into it. But we are not instructed to report any appropriation.
Mr. STEVENS. I think my colleague on the ComAppropriat [Mr. AuNs wonrii] is mistaken. After the subject was referred to the committee suggestions were made that the subject should be investigated and one day, when my colleague [Mr. FARNS wonru] was not present, I believe, the committee agreed that we would postpone action upon it until some other committee shall have investigated it, it it should be brought before them.
Mr. KASSON. I hope this subject will go to the ComClaims.
Mr. KELLEY. The ComClaims, I think, is the proper committee to consider this subject; and therefore I now call the previous question. The resolution was again read, as modified: Renolved.That the ComClaims be instructui to inquire into the fairnessand proricty of the distribution of the rewardsofferedfort e arrest of JeffersonDavis and the conspirators to murder President Lincoln:
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the resolution was agreed to. NOTT and COMPANY.
Mr. SCOFIELD introduced a bill for the relief of Nott & Co.; which was read a 1st and 2nd time, and referred to the ComClaims. EQUALIZATION or novnnns.
Mr. STROUSE presented the JtResolutions of the Legislature of the State of Pennsylvania in favor of c qualization of bonnties; which were ordered to e printed, and referred to the ComMilAffrs. EXPORT DUTY ON COTTON.
Mr. STEVENS introduced a JtResolution proposin an amendment to the Constitution of the U.S.; which was read a 1st and 2nd. time. v The question was upon ordering the JtResolution to be engrossed and read a 3rd time. The JtResolution was read in full. It proposes to submit to the Legislatures of the several States the following article as an amendment to the Constitution of the U.S.: Aimee:. Congressahallhave power to lay and levy tax or duty on cotton exported from the U.S.
Mr. STEVENS. I call the previous question.
Mr. LEBLOND. If that JtResolution gives rise to debate, does it not go over under the rule?
The SPEAKER. If the previousquestion is not 2nded, and debate arises on the JtResolution it would go over under the rule.
Mr. LEBLOND. Then we will filibuster a little.
Skip Skip On 2nding the demand for the previous question there were ayes 36, noes 88; no quorum The SvPoEtiAng.(ER, under the rules, ordered tellers; and appointed Mr. STEVENS, and Mr. IAXDALI. of Pennsylvania.
Mr. STEVENS. I wantto modify my motion a little. I move that the resolution be referred to the ComJudiciary, with instructions to report within one week. Idesire to add these instructions, becausein the earlier part of the session a similar resolution was, on my motion, referred to that committee, from which we have never received a report on the subject.
Mr. WILSON, of Iowa. I desire to say, in reply to what the gentleman has said, that the gentleman has ha no such resolution referred to the ComJudiciary, so far as my knowledge extends.
Mr. ELDltIDGE. Isthis resolution debat a e?
The SPEAKER. The morning hour has expired; and the resolution goes over until next Monda, unless the gentleman offers it in a modifie form now.
Mr. STEVENS. Iofler the resolution, to be referred to the ComJudiciary.
The SPEAKER. The Gentfrom Pennsylvania asks consent, the morning hour hav in exired, to introduce a resolution.
Mr. FARNSWORTH. I move to suspend the rules for the purpose of allowing the resolution to be introduced and referred.
Mr. LEBLOND. I demand the eus and uavs on the motion to suspend the ru es.
Mr. WILSON, of Iowa. I desire to ask, what is the present motion of the Gentfrom Pennsylvania? Does he propose to refer the resolution with any instructions?
Mr. STEVENS. I withdraw that part of the motion with regard to instructions.
Mr. WASHBURNE, of Illinois. As there is now no proposition to refer with instructions, I 110 c the Gentfrom Ohio [Mr. Ls BLOND will withdraw the call for the yeas&nays.
Mr. ELDRIDGE. I desire to know whether the resolution has notalready been introduced, and whether it has not gone over under the rules.
The SPEAKERL The Gentfrom Illinois [Mr. Fsnxswonru] has moved to suspend the rules, the morning hour having expire, for the purpose of proceedin to the consideration of the resolution, on which the Gentfrom Pennsylvania does not desire action at the present time, but which he simply desires to Iiave referred.
Mr. ELDRIDGE. Can the rules be suspended to allow the introduction of a resolution which has already been introduced and has gone over?
The SPEAKER. The Gentfrom Illinois moved to suspend the rules to bring the resolution before the House. That suspension would include the rule requiring the resolution to go over, as well asall other rules which may stand in the way of the consideration of the resolution.
Mr. LEBLOND. If this resolution is not. to be reported back within a week, [am willing to withdraw my call for the yeas&nays. M chief object is to have these constitutioua amendments postponed as long as possible, so as to preserve for as long a perias we can the rmciples of our Government from the hands of the radicals.
Mr. SPALDING. I objlect to debate. The motion to suspend the rules was agreed to; and the JtResolution was introduced, read a 1st and 2nd time, and referred to the ComJudiciary.
Mr. ELDRIDGE mtRtv the JtResolution was referred; on the table. Agreed to. ENROLLED BILLS SIGNED.
Mr. TROWBRIDGE, from the ComEnrollBill, reported that the committee had examined and found truly enrolled bills and a JtResolution of the following titles; which were thereupon signed by the Speaker: An act (S.No.90) enlarging the powers of the levy court of the county of Washington, in the DistCol; An act (H.R.No. 473) to extend the jurisdiction of the Court of Claims; An act (H.R.No. 214) for the benefit of coloncl
Mr. E. Bryant; An not (H.R.No. 347) for the relief of
Mr. L. B. Clarke; An act (H.R.No. 238) to amend an act entitled “An act relating to habeascorpus and regulating judicial proceedings in certain cases, ” approved March 3, 1863; andJtResolution (H. It. No. 107) for the relief of.Rev. Hoirlson Heermance, late chaplain of the 128 h regiment NewYork volunteers. SMITHSONIAN INSTITUTION.
The SPEAKER, by unanimous consent, laid before the House a communication from professor Henry, Secretary of the Smithsonian Institution, transmitting his annual report for the year 1865; which was laid on the talile, and ordered to be printed. nii. nsnenorrs ORATION Mr.WASHBURNE, ofIlliuois. MLSpeaker, I have received and desire to lay before the House a letter from Hon. George Baneroft, who delivered the memorial address on Abraham Lincoln, together with some corres oiideuce of Lord Russell. I desire that the whole shall be printed and referred to the JtCommee on the memorial to President. Lincoln. I think the House will be entertained and instructed by the reading of the correspondence; and Ins that it be read.
Mr. WASHBURNE. Of Illinois. I now move that this correspondence be printed und referred to the select.JtCommee on the memorial to President Lincoln. The motion was agreed to. TAX ON CRUDE PETROLEUM.
Mr. GARFIELD. I ask unanimous consent to report from the ComWays&Means, for consideration at the present time, atJtResolution to irovide for the exemption o crude petroleum from internal tax or duty, and for other purposes.
Mr. GARFIELD. I move to suspend the rules for the purpose of allowing the introduction and present consideration of the JtResolution.
Mr. LEBLOND. I ask that the resolution be read for the information of the House.
The Clerk read the resolution. It provides that paratfine oil, not exceeding in specific ghravity 36 degrees Banme hydrometer, e product of a residuum of distillation, crude petroleum, and crudeoil, the product of the rst and single distillation of coal, shale, as phaltum, peat, and other bitumine us substances, shall, from and after the passage of this JtResolution, be exempt from internal tax or duty.
Mr. FARNSWORTH. As the House is about to proceed at once to the consideration of the internalrevenue bill, I do not see why this matter should not be considered in connection with that bill.
The SPEAKER. The motion to suspend the rules is not debatable except by unanimous consent.
Mr. MORRILL. If the House will hear 2 or 3 wordsin explanation of this measure, I do not believe a single member of the House will object to the consideration and adoption of this resolution at the present time. The parties manufacturing this oil are subjected to a tax so heavy as to prevent abso ntely the manufacture of the article with any profit to the manufacturer. The manufacturers being conse nently compelled to stop their operations, their employees have become riot ous, and are destroying large numbers of the wells. It seems to me, Mr. Speaker, that, as we propose to relieve this tax on the 1st of July, we might as well do it now, so as to allow these manufacturers to resume their business.
Mr. GARFIELD. I move to suspend the ru es. The House was divided; and there wereayes 90, noes 13. So the rules were suspended, 2/3rds voting in favor thereof. The ioint resolution was then received, and read a 1st and 2nd time.
Skip Skip Mr. GARFIELD demanded the previous question. The previous question was 2nded and the mainquestion ordered; and under the o eration thereof the JtResolution was or ered to be engrossed and read a 3rd time; and bein engrossed, it was accordingly read the 30 time and )asse d. Mr. GAltFI LD mtRtv the JtResolution was passed; upon the table. Agreed to. RECONSTRUCTION.
Mr. STEVENS. Mr. Speaker, as tomor row has been fixed for taking up the report of the JtComReconstruction, I wish to suggest, inasmuch as it has been largely discussed, and there ara still a considerable number of members who wish to speak, the speeches on that subject shall be confined to i minutes. Though on our art we have the aborin oar, yet I am satisfie we shall be limited to t irty minutes, so that alarger number of members may be heard. If there be no particular objection, I shall offer the resolution. following f there is any great objection, do not intend to press it. I want the constitutional amendment sent to the Senate, to see what the will do with it.
The Clerk read as follows: Embed, That during the disouss lunof the constitutional amendment ropesed by the committee no speech shall exceed 30 minutes.nor shall the plotuiinto extend the time of any memberbe outer lllc.
Mr. ROSS. That will not prevent a motion.to print.
Mr. RAYMOND. I beg to inquire of the Gentfrom Pennsylvania whether it would not suit the convenience of the committee and the House to let that question lie over until the tax bill shall have been disposed of. If we go on with the tax bill today, and tomorrow with the report on reconstruction, it will leave a gap in the discussion. We may finish the tax bill in 2 or 3 days.
Mr. STEVENS. We have to some extent cOnsidered that. We think it important this should pass and be sent to the Senate so they may have it before them. We then propose the accompanying bills shall be postponed to suit the convenience of the House so that thohtax bill or any other may be proceeded Wit.
Mr. BINGHAM. I hope there will be no such postponement.
Mr. NIBLACK. I desire to know whether an opportunity will be afforded to offer amendments to the proposed constitutional ameudment.
Mr. STEVENS. This has of course nothing to do with that question. We intend to belib eral in allowing time for discussion. I pnly otier this so a larger number of gentlemen may be heard before it becomes necessary to close debate. The discussion must be brought to a close within a reasonable time. We desire to be liberal. We have alread discussed the question so much that I thin 30 minutes will belong enough.
Mr. BANKS. Mr. Speaker, I suppose this series of measures is proposed in good faith as a means of settling the difficulties of the country. The committee has taken a long time to consider the subject, but not too long, but there ought to be some opportunity given to discuss it. I do not think any time expended in the discussion of these measures, either for or against them, is time lost to the country. It Will he discussed and understood by the people, and it is much better for the committee as well as for the House, that the discussion here should be full and thorough. I hope the gentleman will not press for a limitation of discussion until the House shall have shown at least a tendency, if not a disposition, to consume time improperly.
Mr. STEVENS. The gentleman knows we can only make this arrangement today.
Mr. SCOFIELD. How many gentlemen have si nified their intention to spea?
Mr. STEVENS. Oh, there is a list as long as my arm. [Laughter.]
Mr. ELDRIDGE. Do we understand the proposition to be that we are to consider the 3 measures that are proposed as one subject? It is thought by gentlemen on this side that these 3 measures are in fact one, and that the discussion ought to be had upon them all together. I think we may as we l discuss the constitutional amendment and the other 2 measures at the same time rather than discuss them separately. They were reported as a series of measures upon the same subject.
Mr. STEVENS. I will say to the gentleman that as ditierent days are fixed or the hearing of the different measures the subject must properly be considered in that way. We cannot ta e them up and pass them all together. I will say, however, that if the 1st measure is acted upon, whether passed or de feated, it is expected, if the House desire it, that the fairest debate shall be allowed on the other measures also. But the debate which I now propose to limit to 30 minutes is only on the one measure.
Mr. FINCK. I desire to inquire of the Gentleman whether he has in his own mind fixed any time when he will call the previous question upon this proposed amendment to the Constitution. I would like to know how long the discussion is likely to be permitted to continue.
Mr. STEVENS. I have not. I intended to be governed By the desire of the House very much in regard to that, allowing a very candid discussion. I am sure it will not he asked to procrastinate it factiously.
Mr. STEVENS. On our part, I can only speak for one, it is the intention to allow the largest and fairest debate desired by any member of the House.
The SPEAKER. Is there objection to the consideration of the resolution?
Mr. STEVENS. move to suspend the rules foithe purpose of introducing the resolution.
Mr. SCHENCK. Before that question is put I desire to make a suggestion. The Gentfrom Pennsylvania [Mr. Srsvsxs; intimated his purpose after having disposed of the main proposition, the amourment to the Constitution, to defer the consideration of the other special orders which are to follow in their turn. Now, regarding these different measures as gentlemen on the other side say, all as part of one whole, I trust when we enter upon the consideration of this business in one of its parts we will continue until the whole matter is disposed of. I merely make this remark now so as not to be considered as concluded or as having been understood to agree to any proposition of that kind which is thrust upon us now.
Mr. STEVENS. I do not propose to do anything except what the House may desire. The motion to suspend the rules was agreed to, 2/3rds voting in favor thereof. The question recurred on agreeing to the resolution.
Mr. ASHLEY, of Ohio. I suggest to the gentleman to modify the resolution so as to provide that at the evening session speeches may be made of an hours duration.
Mr. STEVENS. I desire that the evening session shall be for action. I call the previous question.
The SPEAKER. The House has prescribed a“ mornin hour” in the morning and evening session bot.
Mr. RANDALL, of Pennsylvania. Is it provided for et in the evening?
The SPEAKER. It is notprovided foryet, but the House has ordered that whenever an evening session shall be held the 1st hour shall be considered the same as"a “ morning hour." During the debate on the constitutional amendment that will be the 1st business in the morning after the reading of the Journal, so that there will practically be no morning hour.
Mr. LEBLOND. I suggest to the Gentfrom Pennsylvania whether he had not better amend his resolution so as to embrace the other 2 propositions coming from the committee so as to limit debate on each one to half an our.
Mr. STEVENS. I do not know that I understand the suggestion whether the gentleman desires that the 30 minutes shall to them all; but at present apply I do not pm to compel members to ise uss 3 questions 1 the 30 minutes.
Mr. RADhOItD. I would suggest the proriety of striking out the last part of the resolution prohibiting the extension of time to any gentleman.
Mr. STEVENS. I cannot do that. We have nullified the hour rule already, so that it amounts to nothing; and I do not want the rule nullified when it reduces the time to 30 minutes.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the resolution was agreed to. Mr. STEVENS mtRtv the resolution was adopted; upon the table. agreed to. PRINTING or A SUBSTITUTE.
Mr. WILSON of Iowa, by unanimous consent, from the ComJudiciary, reported back with a substitute bill of the House No. 487, to declare and protect all the privileges and immunities of citizens of the U.S. in the several States, and the same was recommitted to the committee, and the substitute was ordered to be printed. LEAVE OF anssnes.
Mr. SMITH. I ask leave of absence for 2 weeks for Mr. Nor:LL, of Missouri, who is sick. There.was no objection, and the leave of absence was granted.Mr. WASHBURN, of Indiana. I ask in gifinite leave absence for my colleague, Mr. ILL. There was no objection, and the leave of absence was granted. DEPOSIT or GOVERNMENT FUNDS.
Mr. LYNCH. I ask unanimous consent to olfer the following resolution: Resolved.That th ComBanking&Currency he director to inquire what legislation is 11, r ssaryto protect the Governmentagainst lossof public funds depositedin national banks, and report hill or otherwrse. No objection was made.
Mr. WASHBUItNE, of Illinois. I move to amend that resolution by adding “and that said committee report a hill to prevent any deposits by Government officers being madein national banks.”
Mr. LYNCH. I cannot yield for that put; ose. I move the previousquestion.
Mr. WASHBURNE, of Il ine is. I hope the previous question will not be 2nded. Let us try this question here.
Mr. YN CH. I withdraw the resolution. nvssmo SESSIONS.
Mr. MORRILL. I move to suspend the rules so that from and after to night the House shall hold evenin sessions, commencing at half past 7 oc Ock, p. m., until otherwise ordered.
Mr. WASHBURNE, of Illinois. For what puhrpor.seM?ORRILL. For the purpose of continuing action on the revenueIbil.
Mr. WASHBURNE, of Illinois. I hope the gentleman will modify his motion so as to provide that the evening sessions shall be for no other business excepting the consideration of the tax bill.
Mr. BLAINE. Would not that do away with the “morning hour” in the evenin?
The SPEAKER. The House has already ordered by unanimous consent that when evening sessions are held there shall be a “mornin honr” for the transaction of the business of committees.
Mr. WASHBURNE, of Illinois. Then I hope there will be no evening sessions.
Mr. SCHENCK. Is it in order to inquire if any good ever came of evening sessions?
Mr. ROGERS. Never. Mr. MORRILL. We can do as good work on the tax bill in the evening as at any other time.
Mr. SCHENCK. I know that things can be run through at evening sessions very rapidly.
Mr. WASHBURNE, of Illinois. If I understand the ruling of the Chair, there is an order already existing that there shall be a “morning hour" at the evening sessions. Cannot the House disense with that?
The SPEAKER. cs, by a suspension of the rules; but a majority of the House can order an evenin session.
Mr. wASHB RNE, of Illinois. Then I trust that if we haVe evening sessions at all they will be devoted exclusively to the conExclu sideration of the tax bill. If you have a “morning hour” it will take an hour and a half to get a quorum here.
Mr. BLAINE. The position which the report of the ComReconstruction holds in the House cuts off indefinitely the reports of other committees. The report of that committee comes up immediately after the reading of the Journal, and the discussion of it will run on adinfinitum; and if we do not have a “morning hour” in the evening there will be no opportunity for the other committees to report for several weeks. I hope that members will come here to the evening sessions, and that we shall devote the 1st hour to the business of the morning hour.
Mr. ROSS. I would suggest to the Gentfrom Vermont [Mr. ORRILL] to modify his motion so as to postpone the reports of the ComReconstruction until after the tax bill shall have been considered.
Mr. MORRILL. The House can make such order as the please in that regard tomorrow, when the subject comes up for consideration.
The SPEAKER. The reports of the JtComReconstruction cannot now be postponed without a suspension of the rules, as they are not now before the House. When they come up tomorrow morning the House can then take such action as they may think proper. he motion of the Gentfrom Vermont, [Mr. Moamufl as the Chair understands it, is to suspend all rules in order that there may be each ay after today, until otherwise ordered, an evening session for the consideration exclusively of the tax bill. The Chairis of opinion that if that motion prevails it will cut off the consideration of morning hour business during the evening session, and also postpone the reports of the ComReconstruction.
Mr. MORRILL. The Chair misunderstands my motion. It is not intended to postpone the consideration of the reports of the ComReconstruction, but merel to suspend the rules so that after today there may lie evening sessions for the consideration exclusively of the tax bill.
Mr. STEVENS. Would it not be better to allow the consideration of the reconstruction reports to go on in the evening also, and thus be able to get through them the earlier?
Mr. MOItltILL. I think we better take the evenings for the tax bill.
Skip Skip The question was taken on suspending the rules; and upon adivision there were ayes 68, noes 36. Before the result of the vote was announced, Mr. BLAINE demanded tellers. Tellws were ordered; and Messrs. BLAINE, and wasusenss, of Illinois, were apointed. The House again divided; and the tellers reported ayes 08, noes 34. So the rules were suspended, 2/3rds voting in the affirmative.
Mr. MORRILL moved that after today the House shall hold an evening session each day, until otherwise ordered, for the consideration exclusively of the tax bill until the same shall have been disposed of. The motion was agreed to.
Skip Skip MESSAGE FROM THE PRESIDENT. A message in writin was received from the POTUS, by Mr. Coorsa, his Private Secretary, who also announced that the President had approved and signed a JtResolution (H.R. o. 67) providing for the reap raise ment of lands described in an act for tereliefof William Sawyer and others, of Ohio. FISHERY and WATER CULTURE EXHIBITION.
The SPEAKER laid before the House the following message from the POTUS: To the Senate and HoRep. Referring to my message of the 12th of March last, communicating information in regard to a proposed exposition of fishery and water culture at Arcachon, in France, 1 communicate a copy of another dispatch from the minister of the U.S. in Paris to the SecyState, and invite the attention of Congress to the “bJmANDREWJOHNSON. Wasarsorox, May 4, 1866. The message, with the accompanying doc uments, was referred to the ComForAffrs, and ordered to be printed. WARMING and VENTILATING THI I CAPITOL.
The SPEAKER also laid before the House a communication from the SecyInterior, in comliance with the resolution of the House of 4t instant, transmitting certain papers, and the report of T. U. Walter, on warming and ventilating the Halls of the 2 Houses of congress; which were referred to the ComPubBldg and Grounds, and ordered to be printed. MONEYS FOR INDIAN SERVICE.
The SPEAKER also laid before the House a communication from the SecyInterior, in compliance with the resolution of the House of the 23d ultimo, transmitting a statement of moneys on hand applicable to the Indian service; which was laid on the table, and ordered to be printed.
Skip Skip LEAVE of ABSENCE. Mr. LATHAM asked and obtained leave of absence for his colleague, Mr. HUBBARD, until Wednesday next. ADDITIONAL ASSAY OFFICES.
Mr. MORRILL reported, from the ComWays&Means, a bill to establish additional Offices for the assay of gold and silver, and for other purposes; which was read a 1st and 2nd time, ordered to be printed, and recommitted: TAX BILL.
Mr. MORRILL 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 accordingly resolved itself into the ComWhole on the state of the Union, (Mr. WASHDURNB, of Illinois, in the chair) and proceeded to the consideration of the special order, being a bill of the House (No. 513) 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, ” approve June 80, 1864, and acts amendatory t rereof.
Mr. MORRILL. referred to the estimate for the year endin the 30th of June, 1867.
Mr. LYNCH. The object of the amendment I have proposed, as will be seen, is to encourage the smaller producers of cotton. It is follownig the general spirit of this bill, which exempts all incomes of less than $1,000a year. It also exempts all manufacturers of less than $600 and the incomes of miners who do not reduce 31,000 are exempted from taxation. he amendment I have proposed follows out. that same general principle. There is a great deal of machinery connected with it, for the same reason that there is a great deal of machinery connected with this section levying a tax upon cotton. By referring to the bill it will be seen that sections 2, 3, 4,and 5, all long sections, relate to the collection of thistax on cotton. There is necessarily a cat deal of machinery connected with this so ject, for the reason that the collection of the tax is provided for by a lien upon the cot ton produced, instead of, as in the case of manufactures, relying for the payment upon the responsibility of the manufacturer. his amendment is intended imply to encourage the small reducers by exempting this small amount; us following out the general spirit of the bill. I think there should be no objection to it.
Mr. MORRILL. Mr. Chairman, I trust that the amendment proposed by my friendfrom Maine HMr. LYNCH] will not be adopted. In the 1st p see, it will open the door through a vast region of country for an quantity of fraud. The owner of a large plantation, for instance, might employ any number of men, each of whom won (1 get the benefit of this exemption. In addition to this, I think the Gentfrom Maine proceeds upon an entirely wrong theory with reference to who pays the tax. On whatever is consumed here in this country we, the consumers, pay the tax, and on whatever goes abroad we expect, of course, to compel foreigners to pay the tax. The amendment is so volumine us and opens the door to so great a variety of frauds that I think my friendfrom Maine must on reflection himself see the imropriety of its adoption.
Mr. LYNCH. desire to call the attention of the Gentfrom Vermont, [Mr. Mon niLL] t ie chairman of the ComWays&Means, to the machinery which the committee have found it necessary to provide, in order to prevent frauds in the collection of this tax upon cotton. While the amendment is somewhat length in its provisions, yet the only point of it is the exemption of 600 pounds of cotton from taxation. Its lengthy pliraseology is designed to secure the Government against frauds in connection with that exemption. If the honorable chairman of the committee will examine the provision of the old law with reference to the exemption of manufacturers to the amount of $600, he will find that that revision is liable to the same objections which he urges against this amendment. The only question is whether the proposition is so guared that the Government Will not be defrauded. I suppose the gentleman will agree that now when the labor of the South, the cotton producin portion of the country, is revolutionized, it is esirablethatif this tax be imposed on cotton, the small producers there should have some encouragement.
Mr. GARFIELD. I desire to ask the Gentleman aqnestion: does he think that, if his amendment should be adopted, it would help in any way the man who raises only 600 pounds of cotton?
Mr. LYNCH. It would help him certainly to the amount of the drawback which he would receive 5 cents perpound. It would help him to the extent of 30 dollars on the 600 pounds.
Mr. GARFIELD. The whole of this tax would eventually be paid by the consumer, not by the producer. The amendment would multi pygreatly the number of those who would be tempted to swear falsely in order to escape the tax.
Mr. LYNCH. I would say in repl to the gentleman that the some objection wou d to the whole bill, for apply it all depends upon whether the machinery adopted is such as to the Government protect against frauds in the colection of the revenue. rhe amount proposed to be exempted by the amendment is, it is true, small; but the same might be said with regard to manufacturers to the amount of not more than 600 dollars. The same may be said also with regard to the exemption of $1,000 from income tax. The amount of tax exempted would be large to those who would have to pay it. This amendment proceeds upon precisel the same principle In which is carrie out al throu li the bill With reference to other products.The gentleman must see that whoever finally pays the tax, the producer must get the benefit of just this 5 cents perpound on the 600 pounds.
Mr. MORRILL. I desire to say one word further with reference to this amendment; but before doing so, I will move that the committee now rise, as I wish to submit a motion to close general debate. I The motion was agreed to. So the committee rose; and the Speaker having resumed the chair, Mr. WASHBRsE. of Illinois, reported that the ComWhole on the state of the Union, having had under consideration the Union generally, and articularly the bill (H.R.No. 613) to amen an act entitled “An act to provide internalrevenue to support the Government, to pay interest ou the public debt, and for other purposes, ” approved June 80, 1864, and acts amendatory thereof. had come to no resolution thereon.
Mr. MORRILL. I move, sir, that when the House shall a in resolve itselfinto the ComWhole on the state of the Union upon the bill NO. 613, all general debate upon the bill terminate in one minute, leaving the 5 minute debate upon amendments.
Mr. STEVENS. rise to a point of order. Upon a bill which we are considering in this manner, section by section, is it in order to close debate upon the whole bill? Can the closing of debate extend beyond the pending section?
The SPEAKER. General debate on the bill can be terminated; but that does not interfere with 5 minute speeches for and against amendments. The House cannot close debate entirely except upon the pending section. The motion of Mr. MORRILL was agreed to.
Mr. SPALDING. I move that the House adjourn. The motion was agreed to; and thereupon (at 25 minutes past 4 oclock, p.m.) the House adjourned.
@@@IN SENATE SENATE. Tucson, May 8, 1866. Prayer by the Chaplain, Rev. E. H. GRAY. The Journal of yesterday was read and approved. EXECUTIVE COMMUNICATIONS.
The PRESIDENT protem are laid before the Senate a message from the POTUS, communicating a 2nd disatch from the minister of the U.S. in aris to the SecyState, relative to a proposed exposition of fishery and water culture at Arcoc on, in France; which, on motion of
Mr. Susanna, was referred to the ComForRel, and ordered to be prhinetePd.RESIDENT protempore also laid before the Senate a message of the POTUS, communicating, in compliance with a resolution of the Senate of the 19th ultimo, a report from Benjamin C. Tru man relative to the condition of the southern people and the States inwhich the rebellion existed; which, on motion of
Mr. SUMNER, was ordered tolie on the table, and be printed.
Mr. FESSENDEN, from the ComFinance, to whom was referred the bill (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, reported it with amendments.
Mr. WILLIAMS, from the ComClaims, to whom was referred the otition of James Pool, praying to be reim ursed for money paid by him for supplies for the Shaw nee tribe of Indians, reported a bill (S.No.311) for the relief bf James Pool, which was read and passed to a 2nd reading. EMPEROR or RUSSIA.
Mr. SUMNER. The ComForRel, to whom was referred the JtResolution (H.R.No. 133) relative to the attempted assassination of the Emperor of Russia, have had it under consideration and directed me to reportit back with amendments; and as the resolution is one which I think will interest the Senate, and perhaps ought to be acted upon immediately and unanimously, I will ask that it he proceeded with now. There bein no objection, the Senate, as in ComWhole, proceeded to consider the following JtResolution: Resolved im., That the Congrciu of the U.S.A. has learned wrth doc regrot of the attempt madeupon tbelife of the amirror of Russia by an enemyof emancipation. The congress sendstheir greeting to his Imperial Majesty and to the Russian nation and congratulates the 20 million serfsupon the providential cse a o fromdun ger of the sovereign to whose head so heart they owe the blessingsof their freedom. The 1st. amendment of the ComForRel was to strike out the word “their” before the word “greeting, ” so that it will read: “ The Congress sends greetingto his Imperial Majesty, ” c. The amendment was agreed to. The next amendment was to add as an additional section the following:, Abife: resolved. That the POTUS be requestedto forward a copy of this resolution to the Emperor of Russia. The amendment was agreed to.
Mr. SUMNER. Mr. President, it is impossible for the Senate of the U.S. on this occasion to send out acommission to Russiain order to ascertain the precise facts in this historic, case. Sir, it is a historic ease, to be adjudged by the rules of history and not according to the practice ofajustices court. I do not think the Senator will expect that we shall introduce witnesses on the floor on this occasion to prove what the Senator requires. Suffice it to say, sir, that the same testimony which tells us that the attempt to take the life of the Emperor was made, discloses also the character of the assas sin. The Senfrom Delaware must doubt that the attempt has been made, if he doubts the attein t was made by an enemy of emanci tiou. he same report that announces one ct announces the other; and if the Senator sets aside one fact he must set aside the other. They both stand on the same authority. I presume, therefore, that the HoRep, from whom this resolution proceeded, went on the original report as it came to us from Euro, even from the Russian authorities; they did not go behind that; and assuming that the attempt was made, they went further and assumed that the same authority which declared that the attempt was made was truthful when it disclosed the character of the author of the attempt. I do not think that the Senate can go behind that.
Mr. SAULSBUIlY. I do not desire that this body should send out a commissioner or that they should introduce witnesses upon the floor of the Senate; but.the Russian minister resides in this city; if it be a fact he knows of it; he has information from his Government disclosi all the circumstances of this matter. It. will not injure this resolution, it will not spoil the comlimeut, if compliment it be, to wait for one ay until the fact can be ascertained. New, sir, I am just informed by my friend on my left, the Senfrom WestVirginia, [Mr. VAX Wixxmz] that the papers stated last evening that the man who made this attcin ten the life of the Emperor was a hypocliondriac. Here are conflicting statements. It may be that the offender was some crazy man, that does not know what emancipation means; and we are called upon solemnly to send to the Emperor of Russia our regrets at an attempt upon his life by an enemy of emancipation, which, perhaps, when it eta there will be all news to him. What would he think if it was to turn out that the person was not really an enemy to emancipation, but was some crazy mouomaniac that attempted his life, as was the man who attempted the life of General Jack son? He would laugh at our folly. If gentlemen are sati led to vote in the dark, or if they have information on this subject that satisfies their minds that this was done by an enemy of emancipation let them so vote. cannot vote for any such fact. I do not know it; I doubt it. It may be true or it maybe false. I will not say that I doubt it. I have no opinion about it. I have seen no evidence of it. The latest news states that the man was a monomaniac, as I understand. It is for this reason that I made the suggestion to the senate that before a resolution oes solemnly from the Congress of the U.S. stating a fact, the Congress of the U.S. ought to be satisfied that the statement is true. That is my object and my only object.
Mr. HOWARD. Mr. President, I do not see that it is very material to go into an inquir respecting the particular facts connected with the attempted assassination of the emperor of Russia. We are acting on the evidence brought to us by foreign journals. That is the best evidence we can have at present; and whether it is in all respecb perfectly accurate, I regard as entirely immaterial. That an attempt has been made upon the life of that most excellent and magnaniine us prince, Alexander H, of Russia, is, I suppose, beyond all doubt; and I shall, for one, vote for this resolution with a great deal of pleasure. He hap pens to be one of the very few of the princes of Europe who has maintained his position of firm friendship to the Union and is attachment to the success of our great cause; and I feel, for one, that this resolution is but a fair. reasonable expression of the gratitude of the nation for the high, heroic stand which has been taken by that Emperor toward our own country. I hope the resolution will pass without this amendment. I ri gard the mere fact implied in the mere reciting part of it as immaterial to the real purpose which we have in view. Our great object is to express our respect for that prince.
Mr. SAULSBURY. I shall say one word mom, and then I shall not detain the Senate further on this subject. There have been frequent attempts made in Russia heretofore to assassinate sovereigns, but it has never been alleged on any former occasion that the attempt at assassination was done by an enemy of emancipation or by persons in favor of retaining a portion of the people as serfs. What right have we to asse rt that this arises from an opposition to emancipation, when it seems to e rather approved in Russia to attempt the assassination o a sovereign 7
The PRESIDENT protempore. the question is on the motion of the Senfrom el aware to amend the resolution by striking out the words “ by an enemy of emancipation.” The amendment was rejected. The JtResolution was reported to the senate as amended, and the amendments were concurred in. It was ordered that the amendments be engrossed and the JtResolution be read a3rd time; it was reaif the 3rd time and passed., BILL INTRODUCED.
Mr. HARRIS asked, and by unanimous consent obtained, leave to introduce a bill (S.No.310) to change the place of holding the courts of the U.S. for the northern district of Mississippii which was readtwice by its title, and referred to the ComJudiciary. APPROVAL OF AJtResolution.
Skip Skip A message from the POTUS, by Mr. Coorna, his Secrcta, announced that the POTUS had approved and sied on the 7th instant, a JtResolution (8. 80) extending the time for the comlction of the Union Pacific railway, eastern division. ASIATIC cuonuas.
Mr. CHANDLER. The ComCommerce, to whom was referred the JtResolution (H.R.No. 116) to irevent the introduction of the cholera into the ports of the U.S., have directed me to report it back with an amendment in the nature of a substitute, and I ask for its immediate consideration. There bein no objection, the Senate, as in ComWhole, proceeded to consider the JtResolution.
The PRESIDENT protempore. The ComCommerce report the JtResolution with an amendment to strike out all after the enacting clause and insert in lieu thereof a substitute. The Substitute alone will be read unless the reading of the original resolution is asked for by some Senator.
The Secretary read the words proposed tobe inserted in lieu of the original resolution, as follows: That it shall be the duty of the SecyWar. with the cooperation of the SecyNavy and the SecyTreasury, whorecopeurrent action shall be directedby the Comniapder in Chicf of the y and Navy, to causea rigid quarantine against the introduction into this country of the Asiatic cholera through its sorts of entry whenever the samemay be threatenc by the prevalence of said disease n countries lJflVIYIK direct commercial intercoursewith the U.S. 2nd. That he shall also enforcethe establishment of sanitary cordons to prevent the spread of said disease from infected districts adjacent to or within the limits of the U.S. 3rd. That said Secretaries are herebyauthorized to usethe meansat their command to carry out the foregoingproVisions. 4th. That it shall be the duty of the SecyState to open a cprrespondenoe with the foreign Powers whoseproximity to the U.S. will endanger the introduction of Asiatic cholera into this country through their ports and territory, solicit. iiiy their codperoqmth this Government in such e. arts to prevent amt reduction and spread of said disease.
Mr. CLARK. That resolution is every General statement, and I shall be glad to hear from the chairman of the ComCommerce what is proposed to be done under it, and what is the plan, if there is any, before the committee.
Mr. CHANDLER. The intention is to establish a uniform system of quarantine throu bout the whole country. The proposition is rawn with very eat care, and is deemed by the most eminent physiciaus of the U.S. to be an efficient plan. We have had before the committee some of the most eminent surgeons of the count; among others, the quarantine surgeons of NewYork; and the intention is to make the system uniform throughout the U.S., and place power in the hands of the Secretaries to enforce it.
Mr. ANTHONY. I ask the Senfrom Michigan the meaning of that art of the resolution which declares that the SecyWar and the SecyNavy shall use the means at their command to enforce these provisions. Does that mean that they shall use military power, the Army and the Navy, to enforce uarantine?
Mr. CHANDLER. They are to employ the vessels at their command, and all the powers at their command may be used, if necessary. I suppose that in the case of NewOrleans, or any southern port where soldiers are employed, and it maybe uecessa to use them up guard, they could be used under this resolution. In other words, all they were at the command of the Secretaries may O used at their discretion.
Mr. ANTHON. Can they declare martial law 9.
Mr. CHANDLER. They may use any power requisite to stop the cholora.
Mr. ANTHON Y. I would rather have the cholera than such a propoaition as this. [Laughter]
Mr. CLARK. It seems to me that this resolution is nothing more than making the SecyWar and the SecyNavy and others a board of health for the whole country, with the resources of the whole country at their command to carry it out. I am very slow, the 1st morning that the report comes to us, to vote for any such resolution. I think we had better consider it. We had better have some plan. I think the resolution had better go over until the committee can tell more about it. It may be right; it may be at something will be necessary to be done to establish some uniform system of quarantine; but I think the systoin should be pretty well developed before we place such great powers in the hands of any person. I think it is hardly necessary to do so. There is certainly no such haste about it that we need pass this resolution on the morning it is reported, without some consideration or some information as to what the plan is. It is said the resolution is drawn with very great care; and it may be as to its wording; but nobody seems to be able to tell us what the scope of it is or what is contemplated. It may be a uniform system of uar antine, but what kind of a quarantine, where established, how rigid“! What do they propose by it? I doubt whether it is desirable. this suggested to me that these Secretaries can do anythingunder the resolution. I have no doubt they can, but I doubt whetheritis desirable to give them that power at once. I think we had otter consider it.
Mr. CHANDLER. The Senator has had this identical resolution on his desk since the 6th day of March last, and if he does not know anything about it, it is time that he did. If the resolution is of any use at all, it is of immediate importance. f it is not of any use, kill it. We have had, as I said, before the ComCommerce the most eminent surgeons in the U.S., and on consultation with those eminent surgeons and in consultation with the heads of Depts we have introduced this resolution. Put it over ifyou like; but if it is of importance at all, it is of importance now. The cholera is in NewYork nr bor today. I do not think it will land; I hope not; but it may. You can wait a month; you can Wait until the middle of July; you can wait until next December. If the Senator could not learn what this resolution means between the 6th of March and the 8th day of May, it takes him a great while to learn. That is all 1 have to say about it. It has lain on his desk the whole time ever since the 6th of March.
Mr. CHANDLER. As I said a moment ago, the ComCommerce have had this subject under consideration for more than 2 months; they have consulted many emineat surgeons; they have thoroughly considered the JtResolution; but in regard to this, as in regard to many other projects that came before the body, we met with opposition from men who had given the subject no consideration. It is under the control of the senate; if the Senate sees fit to postpone or to defeat it, it is a matter of no concern to the ComCommerce or to myself any more than it is to any other man in the U.S. As I have said before, we have consulted the most eminent surgeons in the U.S.; we have had before us the health officers from NewYork, Baltimore, and Philadelphia; the provisions of the JtResolution have been thorou hly considered; and now the Senfrom NewHampshire wants some plan proposed. We have proposed a lan. We propose to place this power in the hands of the heads of Depts to be exercised at their discretion. vote on the subject, and it is immaterial to me whether the Senate postpones it till tomorrow or kills it. I only say we have thoroughly considered it.
Mr. HARRIS. I hope this measure will not be acted upon today. As I understand, its effect will be to bring on acollision between the Federal authorities and the State authorities. I suppose if it goes into operation its edict will be to supersede the quarantine regulations of the State of NewYork over the harbor of NewYork; to take the power of the State of NewYork out of the hands of the officers appointed by that State, their board of health, their officers of quarantine, their efficient regulations, and place them all in the hands of the Federal authorities. If that is to be the effect of the JtResolution it had better be considered a little before it is adopted. I move that it be postponed until tomorrow.
Mr. CHANDLEPR. I hope not. I hope it will be acted upon now, and either rejected or passed.
Mr. HOWE. Perhaps it is not very important whether the Senate acts upon this question today or tomorrow; but before the Senate votes to postpone action upon it at all, I should like to make a suggestion. I do not think it will be the practica operation of this JtResolution to brin about a collision between the authorities of the U.S and those of any State or any municipality. We understand that there is a general desire that there should be a uniform system of quarantine established; that is, a system ofquarantine established which should be uniform at all orts and at all points of entrance. It is said that an effective quar antine before the harbor of NewYork is really I simply ask for a of no considerable practical value to NewYork itself, if the ports of Philadelphia and Boston and NewHaven are left without anysystcin of quarantine and it is said, too, that quaran tine regulations established for all these ports do not protect the U.S. nor those several cities against the introduction of those diseases which are said, upon the authority of medical gentlemen, to be portable diseases. They pronounce that this disease of cholera is a portable disease, and can be transferred from one point to another, and although you may establisha mosteffective quarantine before cac of the ports to which I have alluded, yet it may be brought into some port on the Gulf, some port on the Mississippi, or over some railway connecting us with teCauadas. Now, it is very evident that the authority of the State of NewYork is confined to her own limits in establishing these regulations, and however effective they may be within those limits, they are useless, unless the regulations are just as effective in other States.
Mr. GRIMES. Permit me to make an inquir. Is it contemplated by the Committee on ommeroe that there shall be quarantine established on the various railroads connecting this country with Canada, at Niagara falls, at Portland, and at the other termini of these roads; that there shall he the same quarantine regulations established at these various points that are established at NewYork.
Mr. HOWE. Perhaps not that every provision shall be made in a small port as in a large port, but there shall be the same system; that is, the regulations adopted to keep a suspected vessel out of NewYork shall be adopted to keep a suspected vessel out of every other port, but the measures necessary to protect a small port against the entrance of a suspected ship may be different at different points. I do not know how that is. It is very evident that if we are to have a uniform system, it must be provided by the national authority, or by compact, agreement between the different States or different municipalities in the several States. Whether the U.S. will undertake to secure this uniformity, is a question that we have got to pass upon. Something we have done in that direction already. We have passed certain hills which tend to charge us with the care of the health of the U.S.
Mr. HOWE. such as appropriating certain vessels of the Navy to this work, dedicating certain ships for this purpose. If you will have a uniform system you can only have it by the national intervention. That seems to me very certain; and medical gentlemen agree in the testimony that a system which is not uniform is of no sort of value; and it was said to the committee that if the U.S. would undertake the work of providing a uniform system for all its ports and all its avenues our neighbors in Canada would conform to it and establish just such an effective system there, and the same system that we have here, so that there shall be no favoritism shown to one port over another, either in the different States of this country or in the neighboring States. 1 do not understand that any arrangements have been made with our neighbors to the south in Mexico; and if no arrangement can be made with them we shall have to protect our southern border when it becomes necessary.
Mr. GRIMES. I thinkI am not open to the rebuke of the Senfrom Michigan, that I have not examined this bill. I read it several days ago, and I am as ready to vote upon it now as I shall he at any future time; and if the committee are anxious that it should be taken up, I am willing that it should come up and I am prepared to vote against it. I do not recognize the obligation on the part of Congress that because certain physicians in the cit of NewYork believe that it is necessary that t er! should be a cordon established in order to keel the cholera away from this country, therefore we shall be justified in abandoning all the powers of Congress into the hands of a commiesion and in conferring upon the SecyTreasury and the SecyWar and the SecyNavy all control over the military arm of the Government and over the Treasury, which this bill virtually does. I addressed an inquiry to the Senfrom Wisconsin to learn from him, if I could, what was the full scope of this measure. I understand that it confers upon these officers
Mr. HOWE. I did not understand that to be the inquiry.
Mr. HOWE. Take care of their own cholera!
Mr. GRIMES. Yes, sir, take care of their own cholera. My State will take care of its cholera. I do not want to have a cordon, as they call it, against the cholera established between my State and the city of Chicago. I do not want officials. either of the Treasury or of the Army or the Navy out there to prevent a citizen from traveling from one place to an other, either on the lakes or on the Mississippi river, which authority is conferred by the provisions of this bill. In my locality we are familiar with this disease; we know that it has not got such terrors as it seems to have to Gentlemen who are not familiar with it, and we do not want to have our liberty restrained, nor do we want to have our privilege of locomotion restrained, nor do we want to have the Treasury afflicted by any such bill as this.
Mr. COWAN. I can only add to what has been so well said by my eloquent friendfrom Iowa, that in the present condition of the med ical science nothing can be more absurd than this legislation. If there is anyone thing I think well ettled, it is that cholera is not contagious in that sense of the word which would enable you by means of some legislative enactment to kee it. out of the country. I think for the credit of the body in that respect we ought to avoid this mode of dealin with that which is now pretty well understoo. I should just as soon think of legislating against coughs and colds as against cholera. As has been said, we have large experience in it now in this country; I have been myself 2 or 3 times in places where large numbers of people were dying of cholera; and I think the universal sentiment of the profession, the learned sentiment of the profession, is now that no kind of quarantine regulations can prevent the appearance and revalence of this disease. It is an epidemic instead of a contagion. It exists in the air; and hence there was great propriety in the jest of some Senator the other day who proposed to refer the whole subject to the ventilation committee. If on could prevent the introduction of that air mm which the disease arises, if you could prevent it from traversing its circle around the world every 16 or 18 years and from comin into our atmos phere, perhaps something might be done; but am satisfie no kind of regulation other than that of cleanliness and care when the poison is in the atmospherewill have the slightest effect to stay the revs es of the disease.
The PRESID NTpro tempore. The morning hour having expired, it becomes the duty of the Chair to callup the unfinished business of yesterday, which is House bill No.280. TAX ON PETROLEUM.
The PRESIDENT proIempore. With the permission of the Senate, the Chair will lay before the body the JtResolution from the HoRep referred to by the Senfrom Pennsylvania. The JtResolution (H.R.No. 137) to provide for the exemption of crude petroleum from internal tax or duty, and for other purposes, was read twice by its title.
The PRESIDENT protempore. The JtResolution will be referred to the ComFinance.
Mr. CONNESS. I hope it will not be referred. Itrust the Senate will proceed to consider the resolution now.
The PRESIDENT protempore. It requires unanimous consent to considerit at the present time. By unanimous consent the JtResolution was considered as in ComWhole. It proposes to exempt from internal tax or duty paratfine oil not exceedin in specific gravity 36 degrees Baum hydrometer, the product of a residuum of distillation, crude petrolcum, and crudeoil the product of the 1st and single distillation of coal, shale, asphaltum, peat, or other bitumine us substance.
Mr. CONNESS. I beg to say one word on the motion that I have made to proceed to the consideration of this measure now. When the cppestion was before the Senate hitherto, and this tax wasimposed, I for one was notin favor of it. Living as I had lived for many years in a mining country, where perhaps one in 100 enterprises succeeded, I understood well the nature of the enterprise of seeking for oil. I believed then that the imposition 0t this tax would prove precisely what it has proven to be a tax rat or upon effort than upon property. such has proved to be the result, and I hope that no person will object to remitting it, so that this great interest may be relieved om aburden which is really intolerable to those engaged in it. The JtResolution was reported to the Senate, ordered to a 3rd rea ng, read the 3rd time, and passed. HOUSE BILL REFERRED. The bill (H.R.No. 563) to regulate the time and fix the place for holding the circuit court of the U.S. in the district of Virginia, and for other purposes, was read twice by its title, and referred to the ComJudiciary. USE OF THE HALL.
Mr. HOWARD. I move to take up Senate bill 109.
Mr. SHERMAN. I hope that will not be done. I desire to have the unfinished business of yesterda disposed of.
Mr. HOi AR I do not think this bill will take much time. a
Mr. SHERMAN. I think we can dispose of the postoffice appropriation bill, which is the unfinished business of yesterday, in alittle while. The debate is exhausted, I imagine, and we can take the vote.
The PRESIDENT protempore. The unfinished business of yesterday is the bill (H.R.No. 280 making appropriations for the service of the Post fIice Dept for the fiscal year ending the 80th of one, 1867.
Mr. WADE. I ask the Senate once more to take up the resolution granting the use of the Chamber to Mrs. Walling. I suppose there will be no debate upon it.
Mr. SHERMAN. Let us take a vote on is question.
Mr. SHERMAN. The question debated yesMter.rda“yA.DE. This will not take a moment to decide it one way or the other. I ask the unanimous consent of the Senate to take it up. I only desire to have a vote upon it. If there is any debate n on it, I will let it go over.
The PRESIDENT protempore. The Senfrom Ohio asks the unanimous consent of the Senate to take up the resolution granting the use of the Chamber to Mrs.Walling for the urploses of lecturing). No objection bein may e, the resolution is before the Senate, an the question is, Will the Senate reconsider its vote reectin the resolution?
Mr. IOR AN. On that question I ask for the yeas&nays. The eas&nays were ordered.
Mr. WADE. I barely wish to say this before the vote is taken on the reconsideration: this lady, I believe, was in Texas when the war broke out. She has 3 young children de pendent on her for support. She lectures, as understand, very muc to the acceptation of the people, and she endeavors to support her self in this way. She is exceedingly anxious that she should have an opportunity to lecture here at once, more, I belieVe, on account of the prestige it will give her to have this Hall than for any other reason. I hope this privilege will be granted to her. That is all fwish to say about it.
Skip Skip the question being taken by yeas&nays, resulte yeas 19, nays 11; ABSENT 19. So the mtR agreed to.
The PRESIDENT protempore. The question now is on the adeption of“ the resolution.
Mr. WADE. I move to amend the resolution by striking out “ Monday evening, the 7th instant." and inserting, “Thursday evening, the 10th instant." The amendment was agreed to.
Mr. DOOLITTLE. I should like to have the resolution read, as amended.
The Secretary read it, as follows: Rulilfltd. That the use of the Senate Chamberho anted to Mrs. M. C. Walling for the purpose of do ivering therein an addresson Thursday evening.the 10thinstant; the floor of the Chamber to be for the exclusive accommodationof membersof the Senate and HoRep and that hereafterthe Senate Chamber shall not be granted for any other purpose than for the useof the Senate. The resolution, as amended, was adopted. postoffice APPROPRIATlON BILL.
Mr. SHERMAN. I now call for the order of the day.
The PRESIDENT protempore. The unfinished business of yesterday, being the bill (H.R.No. 280) making appropriations for the service of the postoffice Dept during the fiscal year ending June 30, 1867, and for other purposes, is now before the Senate, the pending question being on the amendment of the Senfrom Illinois, l[Mr. TRUMBULL]
Mr. MORRILL. move to amend the amendment of the Senfrom Illinois by striking out the last clause, I think it is, which provides for a report of the cause of removal to the Senate.
The PRESIDENT protempore. The Senfrom Maine moves to amend the amendment by striking out the words “the cause, in case of removal, to be reported to the Senate at its next session;” so that the amendment, if amended, will read: Abife: That no personexercising or performing or undertaking to exerciseor perform. the duties of any officewhich by law is required to be filled by the advice and consent of the Senate shall. beforeconfirmation by the Senate receive any salary or compensation for his servicesunless such person be commissioned by the president to fill up a vucancy which has happeneddurins the recessof the Senate and since its last adjournment by death. resignatinn. oxpirntionof term.orremoval for actsdoneor omitted in violation of the duties of his office.
Mr. HOWARD called for the yeas&nays on the amendment to the amendment, and they were ordered.
Mr. GRIMES (after 1st votingin the aflirrn ative) said: Yesterday I paired off on this bill and all the amendments to it with the Senfrom Connecticut, [Mr. Dixox.] I understood that the pair only extended to yesterdaybut as he is not here today it is possible that he may understand that it. extends beyond yesterday. I therefore desire to with draw my vote. I voted “yea.” I do not know how he would vote if he were here.
The PRESIDENT prolempore. Shall the Senfrom Iowa be permitted to withdraw his vote? No objection being made, his vote will be erased. The result was announced yeas 22, nays 16; as follows: ABSENT 11. So the amendment to the amendment was agreed to.
The PRESIDENT protemporc. The question now is on the amendment as amended.
Mr. HENDERSON. I hope the Senfrom Illinois will now withdraw the amendment. I think there is nothing in the amendment now except the admission of the power of the President to make removals, and I certainly will not vote for it.
Mr. HOWARD. The reason which the honorable Senfrom Missourihas for voting against this amendment is the some reason that Will prevail with me. I regard it as a plain recognition by Congress or y the Senate at least, of the absolute an unconditional power of the President to make removals from office, and I cannot concede such a principle.
Mr. HOWE. I should like to have the amendment reported as it stands now.
The Secretary read as follows: Abife: that no personexercising or performing or undertaking to exorcise or perform. the duties of any officewhich by law isrequired to be filled by the advice and consent of the Senate shall. beforeconfirmation bg the Senate receive any salary or compensation for is services unless such person be commissioned by the president to fill up avacancy which has h penedduring the recess of the Senate and since its just adjournment.by death resignation, x nation of term or removal for acts doneoromit in violation of the duties of his office.
Mr. HOWE. I think there is enough left to vote “yea” upon it, and I believe Iwill stick to it.
Mr. DOOLITTLE called for the ycas&nays on the amendment as amended, and they were ordered.
Mr. TRUMBULL. I think as the proposition has now been amended, striking out a part of the clause in reference to removals, it would be better to strike out all about remov als and present it in the form in which it was oriinal y offered. The proposition as originaloffered was refusing ay to any person put in office in a vacancy which existed during the session of the Senate. It is clearly not within the constitutional power of the President to fill a vacanc which does not occur during the recess of the Senate. I prefer, as a part of the amendment has now been stricken out, to putitin that form, and letns see whether the Senate is prepared to vote to pay men who are put into office without the consent of the Senate, when the vacanc existed while the Senate was in session, an it could have been consulted; in other words, whether it is proposed to repeal the existing law.
Mr. SHERMAN. I will ask my friendfrom Illinois if the law of 1863 does not cover that very case.
Mr. TRUMBULL. It does not cover all the cases.
Mr. SUMNER. Then I suggest to the senator to modify his proposition.
Mr. TRUMBULL. I will modify it in that form by withdrawing the last clause.
Mr. HENDERSON. The Senator will reach it by strikin out the clause “or removal for acts done, ” c.
Mr. CLARK, (to Mr. TRUMBULL.) Moveto I strike out and insert your original proposition.
Mr. TRUMBULL. Yes, sir; will move to strike out the amendment as it now stands and insert the original proposition as printed: SEC, Abife:, That no person exercisingor performing or undertaking to exercise or pertormJhc duties of an office which by law is required to be filled by the a vice and conseut of the Senate shall before confirmation by the Senatere ceive any salary or compensation for his services. unlesssuch personherommissionedby the President to fill up a vacancywhich has happened by death. resignation or expiration of term. urins the recess of the Senate and since its last adjournment. Is the pending amendment now under my control? If it is I withdraw it.
The PRESIDENT protem ore. having been amended by the Senate.
Mr. SHERMAN. Bifore the question is put, I wish to show the precise legal meaning of this amendment. The Senator has read it and I ask him to say whether in case of removal after the adjournment of the Senate, the amendment would not still prevent payment to the officer who takes the place of the person removed. Undoubtedl it does, and therefore it is subject to all the arguments that were urged against it yesterday. The amendment as it now stands oul provides that in case of a vacancy caused death, resignation, or expiration of term uriu the session of the Senate, the President sha l have the power to fill the vacanc; but if the vacauc happens by a removal made during a recess of the Senate, then the person who is appointed to fill the vacancy, under the amendment as it now stands could receive no compensation until the Senate acts upon his nomination. It is therefore subject to all the objections I have named, and indeed more, because the Senator, in order to obviate some of the objections named endeav ored to qualify the amendment by providing for certain cases of removal for cause. But take the case of a defaulter who is removed after the adjournment of the Senate, and some one is appointed to fill his vacancy; that is not a vacancy caused by death, resignation, or expiration of term. but it is a vacancy caused by removal for cause. In such a.case as that, the incumbent who is legally appointed to a vacancy caused by a removal wou not be able to draw his sala. I therefore trust that the Senfrom IlllDOlS will adopt the suggestion of the Senfrom Missouri, and withdraw this amendment, and let the subjectbe referred to the committee of which he is chairman, to framca law on the subject. There is no dif ficulty in doing so. This amendment is still subject to all the objections that have been made to it.
Mr. TRUMBULL. Are the judges paid monthly?
Mr. SHERMAN. All revenue officers are paid monthly, and postmasters quarterly.
Mr. TRUMBULE. How are foreign ministers paid?
Mr. SHERMAN. I certainly will not prolong this debate, because nothing new is elicited by it. I will simply refer to the last point stated by the Senfrom Illinois, that this does not operate as a great hardship. It does operate as a great hardship. For instance, suppose the Senate should consider the nomi nation subsequently, when it is before them, and should reject it, then the man is without his pay entirely, and we have the spectacle of a public officer holding an office, performing the duties of that office, and getting no pay. Take the case of a Cabinet minister. Under this provision, ifa man is appointed a Cabinet minister during the recess, he cannot get any pay until we meet at the next session, with a prospect over him of being rejected. A poor man could not hold the office, requiring a large expenditure. It is not the mere delay of payment. If it was certain that he would get the pay whet the Senate acted, he might posibly borrow the money and pay his expenses; but this amendment provides that no money shall be paid out of the funds appropriated unless he shall be confirmed by the Senate. That certainly is a great hardship, for a man to hold an office the pay ofwhich is contingent on the action of a political body. Then again the Senator says that the amendment, as it now stands, does not effect anything more than to prevent the President from unconstitutionally fillin a vacancy that occurs during the session of the Senate. That certainly is not the meanigg of it. It provides that if a vacancy is cans by any other reason than death, resignation, or expiration of term, it shall not be filled until the incumbent is confirmed. Take the common case of a removal. Suppose after this session is closed the Prestdent should see fit, for good cause, to remove an Officer. He may remove him. That is one act. He may appoint another. That is another act.
Mr. SHERMAN. I cannot say that it is ever done, but the act of removal and the act ofappointment are separate and distinct things. It is the usual practice to appoint a new in cumbent when you make a vacancy; but the vacancy may be madeand then the new appointment.
Mr. TRUMBULL. That was the very point that I made, that the vacancy is not made until the new incumbent is appointed. Is not that the universal practice? and the vacancy does not occur if the new appointment fails to be confirmed.
Mr. SHERMAN. The Constitution provides very clearly that the President shall have power to fill up vacancies that may happen during the recess of the Senate. The vacancy must 1st happen, but how? This amendment points out 3 ways by which it may happen death, resignation, or expiration of term. All of them must be before the apointment. Now, add to that the other cause of vacancy, a removal
Mr. SHERMAN. Certainly, it is a vacancy caused by removal; so that it seems to me we ought not to deceive ourselves with the language. Indeed the proposition as it now stands is broader than it was before, when we voted upon it yesterday; that is, it does not provide for the case of a removal for cause. I o e we shall come to a vote upon it and vote it own.
Mr. STEWART. I think I understand the oint intended to be made by the Senfrom Illinois, but I do not think it is well taken. He says that an appointment to fill the place of an ofilcer removed is not an appointment to fill a vacancy, for the reason that the vacancy does not occur until after the appointment has been confirmed, if I understand him correctly. Now, I submit that the President cannot fill the office unless a vacancy occurs at the same time, because if the incumbent remains in the office the appointee cannot fill that Office. Then he is appointed for the purpose of filling a vacancy which shall occur, although it may not be in existence at that particular moment, by reason of removal which is to take place. Iydo not think it matters whether that vacancy exists in prwsenli, or whether it is to be created by a subsequent remOval; the practical operation is the same, SOfar as I can see.
The PRESIDENT protempera. The question is on the amendment to the amendment.
Mr. SHERMAN. I suppose there is no objection to that. The amendment to the amendment was agreed to.
Mr. SHERMAN. Now, on the amendment itselfI ask for the eas&nays.
The PRESIDE 1 protempore.&nays have already been ordered.
Mr. COWAN. I ask for the reading of the amendment, as amended.
The Secretary read it, as follows: Sac. Abife: That no person exercising or performing, or undertaking to exercise or perform. the duties of any office which by law is The yeas required to be filled by the advice and consentot the Senate, shall, before confirmation by the Senate, receive any salary or compensationfor his services. i unlesssuch person becommissionedbythe President ii to fill up avmeaucywhich has happoped by death, resignation, or expiration of term during the recess of the Senate and since its last adjournment.
Mr. CONNESS. I have not spoken on this subject since it has been before the Senate, and do not desire now to do more than explain the vote I shall give. I have voted consist ently for the amendment offered and as perfected by the Senfrom Illinois; but in the shape in which it now is I think it is reason ably obnoxious to the objections made by the Senfrom Ohio, that great injury, and really a wrong that we have not a right to perpetrate, may result from its adoption, against persons appointed who would be entitled to the offices to which they were ap pointed, and to the salaries belonging to those offices. The amendment would be particularl severe as against such persons legitimately an properly appointed on the Pacific coast. The distance between that country and this makes it already a matter of the greatest possible inconvenience, often very serious hardshi, in regard to the payment of salaries due. Iii the ape in which the amendment stands, I cannot conceive that there is enough to be gained compared to the objections that are properly, as I think, made to it. I should like to still continue and vote for a proposition which should regulate this question; and whether others support such a proposition or not, when properIy prepared and brought before the caste, as We are now promised that it will be, it shall receive my vote and support.
Mr. WILSON. My amendments were always right. [LaughterL
Mr. TRUMBULL. Himself and ten others voting with the Opposition in this body. One 3rd vote against 2/3rds of his friends, and then he complains of a division of his friends, and he divides off and goes with the enemy in a political point of view. Sir, that is the most extraordinary argument that I have ever heard in the Senate, and is only to be illustrated, as I have said, by the 11 obstinate jurors who would not agree with the 12th man. He is for a general bill. How many of your allies that are voting down this proposnion will vote for a general hill? How do you expect to carry your general bill? Here are 18 ofyour friends who are for this measure. Do you expect to carry your general bill without them? How many votes do you at for it? Ten. The Senator tells me ten. e will not find the Senfrom Kentucky and the Senfrom Delaware voting with him for his general bill. When he brings that in, he will find that he cannot can it, that his allies will not stand by him. Sir, I am making these remarks not by way of imputing anything to Senators who differ with me in reference to this measure. They doubtless think it is not best to put it on here; but I am making these remarks in reply to the charge that we are dividing our friends. The Senfrom Massachusetts has broughtit here and charges upon me and those with whom I act, 2/3rds of our friends, that we are dividing them, and it is in reply to that that I say the responsibility is on his own head, that he has deserted his friends in this respect when he deserts o majority of them and goes with his enemies; and tell him that his general bill stands no chance at all to be carried by the forces with whom he is now acting.
Mr. POLAND. We expect you to vote for it.
Mr. TRUMBULL. the Senfrom Ver mont quietly says that be exwas me to vote for that. By what right? Why do you expect me to vote with ten of you? Why expect the 11 urymen to go over to the one man?
Mr. TRUMBULL. Because it is right! Well, that is the same reason that the Senfrom Massachusetts gave a moment ago, that when he offered an amendment to an appropriation l bill itwas always right. The Senfrom Vermont says it is right. The Senfrom Vermont on one side of me, and the Senfrom Massachusetts on the other, 2 righteous men, never make a mistake, and they expect everybody to go with them Sir, I think they should have somcallowance for their brother Senators and suppose that it is very possible that they may be right, that it is barely possible that a majority of their friends may be right and they may be wrong, that it is barely possible that they ought not to be so very strong in their convictions that they know what is right and exactly how it ought to be done. Now, sir, I am not disposed to go over the grounds of this measure again. As it now stands before the Senate, it is simply a to osition not to pay men put in office, as think every Senator on the floor will admit, in violation of the Constitution; for if the Constitution means anything, it means that the President can onlyfill up offices in case of vacancies which happened during the recess of the senate; and if the vacancy has not happened during therecess of the Senate he has no authority under the Constitution to fill it. In reference to the power of removal and appointment to offices, which are one act, the incum bent holding until his successor is appointed and qualified, there no vacancy exists. That was fiic opinion of Mr. Hamilton. That was not the case of the happening of a vacancy, because, as I said when up before, the vacanc is contingent on the appointment and qualification of the successor, and there is no point of time when the office is vacant; and if the successor fails to qualify after he is appointed, the incumbent holds on exec t in cases where the officer is suspended and the office is put in charge of a special officer of some of the Depts.
Mr. DOOLITTLE. Will the Senfrom Illinois allow me to ask him a question right on that point? I will put this case: suppose that in vacation the collector of custoirls in the city of NewYork is found by the President to be actually squandering the ublic moneys, can the President remove him fiiom the office?.
Mr. TRUMBULL. That is a question not involved in this matter at all. This has nothing to do with it. The proposition before the Senate has nothing to do with such a case. It is contended that the power has been exercised by the President as a general thing, in vacation, of removing a man and putting another in his place. p
Mr. DOOLITTLE. The question is whether the President cannot remove a man and create avacancy. Suppose he finds a collector of customs stealing the money, can he not put him out of office? Must be allow him to eta in office until some other man is appointed an confirmed by the Senate to take his place?
Mr. TRUMBULL. I am not aware of his ever dismissing a man under such circumstances.
Mr. DOOLITTLE. I should like the senator to answer the question whether he believes the President has power to do that or not.
Mr. TRUMBULL. The Senator wishes to ask me a question not involved in this matter at all. I am not on the question of icmovals; I have not argued to any extent the question of removals from office.
Mr. DOOLITTLE. I understood the Senfrom Illinois to say that it was impossible that there could be a vacancy created by the President in making a removal; that when a man was in Office, the only way to put him out was to push him out by pushing another man into the office. That I understood to be his argument.
Mr. TRUMBULL. My understanding is that the President never did remove a man except by pushing another in his place. There are cases where he has put a special officer in charge of an office for the time being. There are grades in all these offices; the PostMGenl has special agents authorized by law to travel all over the U.S and authorized under certain circumstances to take possession of the mails and take possession of a postoffice. That is done sometimes; but if the President ever dismissed an Officer except in pursuance of a law that was passed authorizing it to be done. as is the case in some instances in the military service if he ever undertook to dismiss an officer and to leave the office vacant without designating some body temporarily, adinterim, to take charge of it, I am not aware of it. It has happened here with Cabinet ministers that sometimes a person has been designated to perform the uties adinterim of a abinet minister; but I have yet to learn of an instance where an officer has been removed and nobody put in charge. It seems to me such a case never would occur; or if it did occur it would be. as is suggested to me, safe to submit the matter to the consideration of the Senate whether We would not give compensation.
Mr. STEWART. I should like to ask the Senator a question. I do not know whether I understand him correctly. Does he contend that appointing a person to an office without in form removing the incumbent, that adopting the usual course of putting one out and putting the other in, is not appointing a man to fill a vacancy?.
Mr. TRUMBULL. I understand the Son ators question, and Isay it is not appointing a man to fill a vacancy; there is no vacancy in that case. It has occurred here within 2 weeks, it is n.matter now of public notoriety, that there was a person nominated to the senate as collector of internalrevenue in the district of StLouis in place of another man removed. Thatis the way the communication to the Senate reads. The Senate rejected the nominee. Now, is not the previous incumbent there? Has he been removed? If we had confirmed the nominee, would it have been a confirmation to the vacancy? It would have been a confirmation to take the place of the man removed, and there never would be an instant of time when there would have been a vacancy.
Mr. STEWART. But must there not be a vacancy necessarily before he can enter upon the office? Does the Senator contend that both can be in office at the same time, and that there is not necessarily a vacancy happening at some time, and that the appointment is not for the purpose of putting a man in that vacancy whenever it does occur? No matter how short a time there is, one must go out and the other come in. They cannot both be in the office at the same time.
Mr. THUMBULL. I suppose the Senfrom Nevada wants to demonstrate the math ematical proposition that 2 bodies cannot be in the same place at the same time. I suppose it is possible for the Senfrom Neva a to go out of his seat and somebody else to come into it, and that there never is an instant of time when the office is vacant, no more than there is a time when the office of the POTUS is vacant. It is not a vacancy. That is not the vacancy contemplated by the Constitution of the U.S.
Mr. DOOLITTLE. I will ask the Senator one question.
Mr. TRUMBULL. I am willing to be cat echised.
Mr. DOOLITTLE. In vacation cannot an officer resign his office and his resignation be accepted, and will there not then be a vacancy?
Mr. TRUMBULL. Have I not been arguing for an hour that that was the very vacancy which the Constitution authorized to be filled, that that was a vacancy, and that such cases were the only casesof vacancy, and that a removal is not the vacancy contemplated by the Constitution. When the Senfrom Wisconsin, afterihave repeated over the words of the Constitution, and argued to show as well as I could that the vacancy which the President was authorized to fill up by a commission was a vacancy occasioned by a resignation, death, or otherwise, as is provided here in the amendment, rises, and With a look of wisdom asks me if I do not admit that when a man diesment of the Government, forido not think it there is a vacancy, [laughter] and then wants i to ask some other question, why, sir, it is trifling.
Mr. TRUMBULL. I shall be through in a moment. I will not yield any further. I de cline to yield any further to that class of questions. lLaughter.iI I have said, sir, believe, all thatI designed to say in rising, which was chiefly to repl to the extraordinary speech of the Senfrom Massachusetts, who charged upon those of us supporting this measure an attempt to divide the party; and having replied to that I am willin“P to yield the floor to him or the Senfrom Vise onsin or anybody else that wants it.
Mr. WILSON. Mr. President, I followed the Senfrom Illinois and voted for his measure. I saw, on looking around the Senate, that some of our ablest and most trusted senators felt it to be their dutv to vote against it. Idid not then believe, I do not now believe, that any principle is involved in putting upon this bill this measure. I thought the Congress of the U.S. would be in session for 60 or 70 days to come; that we should have abundant time to mature carefully and act upon a propermeasure, onenot sprung upon us here in the Senate us an amendment to another measure, one not drugged in here by a few of our friends, without consultation with others, but a measure brought into the Senate by a committee, carefully framed and taken up and examined, and deliberately acted upon. It is well known that this question of executive power has been discussed in Congress on several occasions by the most eminent men of our country. The power of the President to remove was carried in the Senate, originally, by the casting vote of VEEP Adams; and a majorit of the men in the Senate at that time, who ha been members of the Convention that framed the Constitution, voted against this power of the President. This same question of executive power came up on other occasions, especially in the debate on Foots resolution, when it was discussed with great ability by Robbins, of RhdIsland, Clayton, of Dela ware, Barton, of Missouri, and other Senators, in perhaps the ablest debate the Senate of the U.S. ever knew. In 1835, on
Mr. Calhouns report on executive power and influence, the question was again elaborately de bated. It is a question on which the most eminent minds of the country have divided.
Mr. Hamilton said that “Tho termswhich may have happened, imply casualty, and denotesuchas.having beenonce filled, have beooumvacant by accidental circumstances." Daniel Websterthoughtas Hamilton thought, and Chancellor Kent thought as Hamilton thought.
Mr. DOOIJTTLE. Mr. President, the word “vacancy” I shall not discuss at length. I will state only 2 or 3 cases where, in my judgment, vacancies happen. If the officer dics there is of course a vacancy. If he shc nld remove out of the country there would be a vacancy in the o the c, The Senfrom Illinois would not doubt that. If he should resign there would be a vacancy, provided the resigh the vacancy I); resig ent or the head of a Dept acting under him accepts the resignation; and the question I put to the Senfrom Ilhums about resig nation requires an act of the President or the head of a Dept under him to make the vacancy. The President takes part in making the vacancy; the man cannot make it alone by mere resignation.
Mr. TRUMBULL. Does the Senator mean to say that a judge of the SCOTUS cannot resign without the consent of the President?
Mr. DOOLITlLE. A judge of the SCOTUS is not an officer under the President.
Mr. TRUBIBULL. Nor is any officer an officer under the President; he is an officer of the Government.
Mr. HOWE. Will my colleague allow mcto call his attention ton paragraph in the papers?
Mr. DOOLITTLE. I do not read the news papers much, and I pay very little attention to what the newspapers say. Latterly, sir, and for the last 5 or 6 months in relation to the course which has been pursued by me, I have been the subject of so much misrepresentation and abuse that I cease to have very much respect for the newspapers in these times.
Mr. HOWE. I supposed this was a clause which my colleague had overlooked; it has not reference to his own course at all, but to the mint which he is just now discussing. I would like to call his attention to it.
Mr. DOOLITTLE. 1 shall be through in a few moments, and if my colleague wishes then to read from newspapers, I shall not object.
Mr. DOOLITTLE. I was simply saying, Mr. President, that I believe the Senfrom Massachusetts is taking counsel of his fears, and not ofhis judgment; undl believe another thin, that thisiunexampled proposition, never hear of before in the 77 years of the existence of the Government, is not such a reosition as the Senate ought to entertain. h
Mr. WILSON. Sloanaker. Are there not other cases? Here is a man appointed marshal in western Pennsylvania who was tried by court martial, convicted, and dismissed the service, and I am told he would have gone to prison if it had not been for the influence of friends.
Mr. HOWE. It is the Wisconsin Union, which is published at Madison. My colleagues is familiar with the paper, no doubt. Ian er stand that it is a paperwhich supports the Presidents policy very vigorously. It copies from the Journal the following. I read as it appears in the Union: “Mr. Rublee. of the Journal writing from Washington. givrs the radical offiro elders the following pleasing assurance: Mr. ELDBIDGI (the Reprosuntiitive nL the 4th district) alleires that he an a number of othersof his party were at. the White House on yesterday evening and that the President assuredhim that every Federal office holdor in Wisconsin who does not sustain the Presidents policy will be removed and thosewho sustain him not in their pluces. This organ may be mistaken; Mr. ELDBIDOE may not have told the truth; but I really think Mr. Ewamus would not have made such a statement unless the President had made it to him, and I rather think this organ of the president would not have published it if it had not believed it and approved it. I quoted, itwill be remembered, the other do. a declaration which I have not heard refute yet, not from the President, but from one who certainly sustains the President most gallantly and most bravely, that no man should eat the Presidents bread and butter unless he did sustain the Presidents policy. There are papers lying on this table if it were proper to allude to them, which have given me further cause to distrust the entire accuracy of the statement submitted by my colleague. I cannot refer to them in this connection. I have thought it worth while to present these 2 or 3 items. for I really feel that my colleague may be mistaken; that the president will, if it is found that we agree to it, think it justifiable to insist upon making vacant all places filled by those who do not sustain his policy and to supply their places by those who do.
Mr. DOOLITTLE. Mr. President, in opposition to that proposition stood the 2 senators from Michigan, [Mr. CHANDLER and Mr. Howsan.] There was the Senfrom Massachusetts, [Mr. Summit] The other Senfrom Massachusetts [Mr. WILSON] was in its favor. The Senfrom Missouri [Mr. Baows] was opposed to it, and the Senfrom Ohio, [Mr. Whoa] Yes, sir, upon this question, the very question and the only question upon which there is adivision between the Presid at and gentlemen now who claim that Congr ss is in opposition to him
Mr. GRIMES. You do not mean the whole Senate?
Mr. DOOLITTLE. The whole Senate on this side that night, with the exceptions I have named. Mr. President, Mr. Lincoln, 2 years before Mr. Johnson was elected VEEP, entered upon this same policy. Mr. Johnson was appointed to carry out this same policy substantially in Tennessee. I mean it was the same on the 2 questions and the only 2 guestions upon which there has been serious ivision the question whether ssffra c should be extended to the colored people of the South as a condition precedent to these States coming back into the Union, and the othef question
Mr. MORRILL. Will the Senator allow me a moment? I wish to ask him if I am to understand him to maintain that the Senators to whom he has alluded, and whom he has named, were the only persons O wsed to the resolution for the admission 0.onisiana last year?
Mr. DOOLITTLE. On the night that question was up there were 18 of our friends who were for it.
Mr. MORRILL. How does the Senator ascertain that fact?
Mr. DOOLITTLE. Becausel was present. Perhaps the Senfrom Maine was not in the Senate that evening.
Mr. MORRILL. I was in the Senate, and I partincipatd in the opposition to the resolution that nig it.
Mr. DOOLITTLE. The only 2 material oints upon which the struggle was made were, grst, whether suffrage should be extended to the colored people of the South as a condition precedent to those States being recognized and their representatives admitted; and 2ndly, whether those States were not subju ated prov inces, and no longer States in the nion; and upon both these questions Mr. Lincolns policy was precisely that of Mr. Johnson. Now, we have had a great division here for 6 months, it is said, and when you come to your final report of the reconstruction committee upon these 2 oints on which the controversy beean, you hnd that they have abandoned both.
Mr. WILSON. Mr. President, the Senfrom Wisconsin seems to have addressed his remarks to [Mr. CONNESS. I rise to a question of order.
The PRESIDING OFFICER, (Mr. Amount in the chair.) The Senator will state his point of order.
Mr. CONNESS. It is that this discussion has no relation whatever to the question before the body. It has proceeded or nearly 2 hours and gentlemen rise here and occupythe entire time in repeated speeches upon interpo:lations introduced by themselves. If we are goingto consume the day in this kind of debate propose that there be an oportunity given tomore than the Senfrom Vise onsin and the Senfrom Massachusetts. I propose that we shall not listen constantly to the speech of the 17th of January repeated here upon every appropriation bill or other bill that may be introduced; and I ask either that the discussion be confined to the question before us, or that it be more general than it is.
The PRESIDING OFFICER. The discussion certainly does not relate to the subject before the Senate, but under the practice of the Senate the Chair does not fee authorized to rule it out of order. A wide range of debate has always been allowed in the Senate.
Mr. WILSON. It is very seldom that I ever say anything on these questions; I have occupied scarcely an hour during the whole of the session; and I am very much surprised that the Senfrom California, who occupies more time than any other member of the senate, shonld make a point of order of this character. I did desire at this time to reply to a few of the remarks made by the Senfrom Wisconsin; but as the Senfrom California has raised this point of order, if it is the vish of the Senate to close this discussion, I shall forego that answer.
Mr. COWAN. It is very well known that I never interfere in discussions of this kind, or very rarely, at least, because I know that the effect of them is not to convince anybody but perhaps to widen the breach. I only rise now for the purpose of correcting some errors into which the honorable Senfrom Massachusetts [Mr. Winsox] has fallen in the excess of his zeal, and, 1 may say, in the excess of his hostility to the President. The honorable Senfrom Massachusetts belongs to one wing of the Republican party; I belong to the other wing. We had the President heretofore, and he had to put up with it; we have got the President now, and he has got to put up with it.
Mr. WILSON. I should like to see the wing to which the Senator belongs.
Mr. SHERMAN. As the time for an adjournment is approaching, I rise to a point of order.
The PRESIDING OFFICER. The Senator will state his point of order.
Mr. SHERMAN. I ask ifthere is any lim itation upon debate in the Senate.
Mr. COWAN. I ask the Senator to put his point of order in writing. I believe that is the rule., Mr. SHERMAN. I will do so;. but in the mean timeI call on the Senator to take his seat. I am now serious. This debate has been continued for 5 or 6 days, and I hope we shall be allowed to come to a vote.
Mr. COWAN. I will change the subject and speak to another point. The honorable Senfrom Massachusetts has told the Senate
Mr. SHERMAN. I ask that the rule be enforced, and that the Senator take his seat until the point of order is disposed of.
Mr. COWAN. I clearly have a right to rely to personal matter.
The PRESIDING OFFICER. The Senfrom Ohio rises to a point of order.
Mr. SHERMAN. The Senator must take his seat, and I will reduce the point of order to writing. The Senator made his point on me, and I insist that the rule shall be enforced.
Mr. COWAN. I propose to ask leave of the Senate to repl to that art of the remarkThe presDING FFICER. The rules require that the Senfrom Pennsylvania shall resume his seat until the Senfrom Ohio has stated his point of order.
Mr. COWAN. at I ask leave to proceed upon a new subject. Several SENATORS. That is unnecessary.
Mr. TRUMBULL, (to Mr. COWAN.) You have a rght to say what you lease.
Mr. COWAN. I agree with my friendfrom California [Mr. Conssss] that this has all been crtrajudicc, beyond the rule; but I wish tosay to the honorable Senfrom Massachusetts, because it illustrates the folly of this persistent uarrcl that is kept u upon the POTUS an which has been brought into the body
Mr. SHERMAN. In compliance with the demand of the Senfrom Pennsylvania I send the point of order in writing to the Chair; and I should like to have the Senator comply with the rules as he enforced them against me.
The PRESIDING OFFICER. The Senfrom Ohio raises the following point of order: “The point of order is, that teremarks of the Senfrom Pennsylvania are not perti nent to the question before the Senate.”
Mr. HOl. Would a motion that the Senfrom Pennsylvania have leave to proceed be in order?
The PRESIDING OFFICER. Not until the point of order has been decided. The point of order is undoubtedly well taken according to the rules of the Senate. but under the practice and the wide range of debate that has always been allowed in the Senate, the Chair does not feel that he would be following the precedents in deciding that the Senator is out of order. The Senfrom Pennsylvania will proceed, unless the Senfrom (Thin appeals from the decision of Chair.
Mr. SHERMAN. I simply want it to be understood, because, having this bill in charge, I wish to do my duty, and I think it is the duty of the Chair to submit the question to the Senate and let us be governe by the will of the Senate. I believe that has been the usual course on such questions.
The PRESID NG OFFICER. The Chair will follow that suggestion and submit the point of order to the Senate.
Mr. TRUMBULL. I hope before that is done
Mr. TRUMBULL. The Chair decides to submit it to the Senate?
The PRESIDING OFFICER. To submit it to the Senate.
Mr. TRUMBULL. The Senfrom Ohio assumes that that is usually done. I have never known it to be done in the 11 years that I have been a member of the Senate.
Mr. TRUMBULL. Never on uquestion like this. This is the 1st time that it as ever been done.
Mr. FESSENDEN. The Senator is out of order unless he appeals from the decision of the Chair.
Mr. TRUMBULL. The Chair has not decided.
Mr. FESSENDEN. It is to be left to the Senate.
Mr. TRUMEULL. Very well; I have a right to argue it. Mr. FESSENDEN.
Mr. FESSENDEN. I make the point of order that the Senator has no right to argue the question unless he takes an appeal from the (Iecision of the Chair.
Mr. TRUMBULL. The Chair has not de cided it, and I have a right to argue how itshall be decided.
Mr. FIQSENDEN. That is for the Chair to settle. I understand the Chair has made a decision that it shall be left to the Senate.
Mr. TRUMBULL and now I can argue before the Senate how it shall be decided.
The PRESIDING OFFICER. The Chair submits the point of order to the Senate, but that is not a decision, and the Senfrom Illinois has a right to argue the question.
Mr. TRUMBULL. On this question I believe I have the floor. Sir, I would not have interfered with this question of order at all but for the remark which fell from the Senfrom Maine or the Senfrom Ohio, that it had No, sir. been usual to submit a question of this kind to the Senate. When an amendment has been offered to an appropriation bill and it was objected that it was a private claim, the Chair has often submitted thatquestion to the Senate for its decision; but have no recollection, and I think the Senfrom Maine will find it difficult to produce a case, where, on a question of debate. when the whole subject was up, when a bill was under consideration and a Senator was discussing that bill, be was ever called to order in the Senate of the U.S. for the irrelevancy of his remarks, and the question was submitted to the Senate as to whether he should go on or not. I consider it a veryimportant matter in this body to undertake to limit debate. The Senfrom Pennsylvania must be the judge himself of what latitudh he thinks proper to indulge in; and although I am quite willing to give him leave to proceed in order, as some one has suggested, I insist that he has a right to prooeed and discuss this bill and make such a speech as he thinks proper, and that there is no rule that has ever been enforced in the Senate to deny him that right. I should be very sorry at this day to see a majority of the Senate decide that the Senfrom Pennsylvania is out of order because in their opinion his remarks are irrelevant to the iaitienlar point under consideration. The whole bill is now open before the Senate. We are discussin an amendment to an appropriation bill, whic, in my judgment, preperly entitles any Seuatorwho thinks proper to indulge in remarks he must be his own judge as to the propriety of them in making such remarks as he thinks proper, not, of course, violating the rules of the Senate in what he says; but so far as relevancy is concerned, he is tojudge of that.
Mr. SHERMAN. I have now the rule, and Iwill read it to the Senate. It isa rule thatis very rarely referred to, because we do not look toutphese questions closely: i. If any member, in speakin or otherwise, transgress the rules of the Senate the presiding Officer shall or any membermay, cal to order: and when a member shall becalled to order by the President or a Senator. he shall sit down, and shall not proceed without leave of the Senate." That settles that question. " and every questionof order shall be decided by the President without debate, subjectto an n rpeal to the Senate; and the President maycall fort e sense of the Senateon any questionof order." and my impression is that it is usual for the Chair to submit aquestion of order to the senate. On the question of practice I may not be correct. Senators who are older than I am can speak as to that.
Mr. SHERMAN. That is the general pan liamentary law. How far that is to be enforced in the Senate, is a matter for the Senate to determine. I do not wish to be discourteous to in friendfrom Pennsylvania, but thisquestion has been before us for 5 or 6 ays, and I want to have it disposed of.
Mr. TRUMBULL. A point of order on a gnestion of relevancy is never submitted to the Senate.
Mr. CLARK. If the Senfrom Ohio will allow me, I will suggest to him that he had better, in this case, withdraw his point of order, because there can be no general rule on a question of this kind. You may in this case decide that the Senfrom Pennsylvania is out of order, but that does not decide that any other Senator is out of order until the Senate take the question on that particular case.
Mr. SHERMAN. I am perfectly willing to withdraw it. The only reason whyI insisted upon it. so far was that the Senfrom Pennsylvania took the technical objection thatimust reduce my point of order to writing, and that being unusual, I thought I would insist on the enforcement of the ru e.
The PRESIDING OFFICER. The Chair did not insist that the oiiit of order should be reduced to writing. he Senfrom Ohio had a right to state it without reducing it to writing. Not on a question of
Mr. SHERMAN. The Senfrom Pennsylvania insisted on the point of order being reduced to writing, which was very unusual.
Mr. COWAN. The words on which you made your point of order.,
Mr. CLARK. Allow me to say that on that point I think the Senfrom Pennsylvania was wrong. When a Senator is called to order for words spoken in debate, because they are oplprobrious or improper, then they are to be reuced to writing, but not in a case of this kind. I think the point of order had better be withdrawn, and let the debate go on.
Mr. GRIMES. I object to the withdrawal of the point of order, because I want to have this question settled.
Mr. GRIMES. I want to have it settled for hereafter. Several times during this session when a Senator has been debating a question here and arguing it as he chose to argue it, somebody has got up and raised a point of order that he was out of order. I have never Idea it done until this winter, and I want to have a stop put to it.
Mr. CLAlIiK. The Senfrom Iowa will allow me to suggest to him that taking this question now will decide nothing with regard to it. I have never known it done before, and I presume it will not be done again, if this point of order is withdrawn, any more than if we were to vote upon it. I think if, by General consent, the point of order is withdrawn, and the debate is allowed to go on. Senators will keep themselves within the ordinary rule of parliamentary law. They must, in a great measure, be allowed to judge for themselves what is proper.
Mr. SUMNER. I wish to call the attention of the Senate to a debate that is historic, perhaps the greatest debate that ever occurred in this Chamber, known as that between Mr.Web ster and Mr. Hayne. Senators will remember that that occurred on a simple resolution relating to the disposition of the public lands. On the consideration of that resolution, the wholequestionof the relations between the North and outh was opened; also the question between the rights of the States and e General government, and the original formation of the national Constitution, all of which were most thoroughly discussed by RIrWebster in at least 2 separate speeches. I am not aware that on that occasion anyone undertook to call Mr. Webster to order by saying that he must confine himself to the consideration of the public lands. [take it, that debate may be considered ashaving practically settled in this Chamber that a discussion may be made a departure, if I may so express myself, from the original topicbut that de arture must always be reg ulated by the goo sense and the discretion of the Senators who take part in it.
Mr. CONNESS. With the permission of the Senfrom Pennsylvania I desire to say one word. I understood the Senfrom NewHampshire to say that a question of order arising out of the latitude debate had taken and the inappropriateness of the debate to the subecthadnever been raised in the Senate before. think the Senator was in error in that statement. I have several times since I have been hereheardsuch questions of order made.
Mr. CLARK. Questions oforder have been raisedupon particular motions, such as a mo tlOutocommit or a motion to take up a subject, where the debate is always limited; but upon ageneraldebate like thisI never knew a question made.
Mr. CONNESS. I wish simply to say, in conclusion, without intruding on the time of the Senfrom Pennsylvania, that I had no intentioncertainly to raise the question for the 1st time, but supposed I was following the ordinary path that was pursued here, as the debate adtaken a very wide course. I drew a on myself remarks, somewhat personal, from t cSenfrom Massachusetts, and which I think had better not have been made by him, as theywere not strictly correct. I did not intend any offense to the Senator. I an posed I was doin that which I had aright to db, and which couId not be regarded as offensive by any Senator.
Mr. WILSON. somethings have fallen from the Senfrom Wisconsin and the Senfrom Pennsylvania that Idesire to notice; but at this hour I do not like to ask Senators to stay here for that purpose. I therefore move that the Senate do now adjourn. The motion was agreed to; and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. Tussmv, May 8, 1866. The House met at 12 oclock in. Prayer by the Chaplain, Rev. C. B. Borxrox. The Journal of yesterday was read and approved. RECONSTRUCTION.
The SPEAKER stated the 1st business in order to be the consideration of the constitutional amendment reported by the JtComReconstruction.
Mr. GARFIELD. I move that that special order be postponed, and that the House proceed to the consideration of the tax bill. do this for the reason thatI believe in 3 or 4 days at the farthest we can finish the tax bill. If we enter now into the discussion of the constitutional amendmentitwill bring up the entire subject of reconstruction, and the debate will run on for 3 or 4 weeks. It seems to me to be almost a national calamity to delay the tax bill that long. I call for the previous question.
Mr. STEVENS. I ho of there will be no such disposition made of t ie special order. have no idea that the constitutional amendment will take up more than 2 or 3 days. It Ought to be in the Senate at once, if it is ever to c acted on. As to the tax bill, we will not lose anything by letting it lie over. Some additions have been recently made to it which I have not had time to read. We have set apart the night sessions for the consideration of that bill.
Mr. WASHBURNE, of Illinois. I understand it was the agreement of the House yesterday that the constitutional amendment should be considered during the day and the tax bill during the evening.
Mr. GARF ELD. I do not think that was the understanding. It was not mine.
The SPEAKER. To what time does the gentleman propose to postpone it?
Mr. GAlth ELD. Until the tax bill has been disposed of.
Mr. STEVENS. I move that that motion be laid upon the table.
Mr. RAYMOND. In case We do not finish the constitutional amendment today, will it be so crsoded by the proposition made the special order for tomorrow?
The SPEAKER. The constitutional amendment remains the special order until disposed of.
Mr. STEVENS. I withdraw my motion to lay upon the table. I will say that the intention is not to press the accompauing bills until this constitutional amendment has been disposed of by the Senate.
Mr. JENCKES. I ask the Gentfrom Ohio to modify his motion so that we may have the day for the tax bill, and the evening for reconstruction.
The SPEAKER. That will require unan imous consent.
Skip Skip Mr. GARFIELD. Then I insist on my motion and demand the previous question. The previous question was 2nded and the mainquestion ordered. Mr. LEBLOND. Idemand the ycas&nays. I want to see whether the negro shall have preference of the finances. The years&nays were ordered. The question was taken; and it was decided in the negative years 51, nuys 82, not voting 50; So the House refused to postpone the special order.
Mr. WASHBURNE, of Illinois. I ask the Gentfrom Pennsylvania to yield to allow me to offer a resolution.
Mr. STEVENS. I will yield if it does not come out of my time. MERCHANTS, NATIONAL BANK OF WASHINGTON.
Mr. WASHBURNE, of Illinois. I ask unanimous consent to introduce the following resolution: Resolved. That the ComBanking&Currency be directed to examine into all the facts and circumstancese onnectedwith the reoentfulnro of the Mcrchants National Bank of Washington and report to the House the amount of moneydo positedin the said bank and by whom. the causesof its failure and alsowhat further legislation is uecm sary in reand to the national banks to protect the public an the Government and that the said committee be empoweredto send for personsandpapers and examine Witnessesunder out.
Mr. HOOPER, of Massachusetts. I suggest an amendment that it be made to apply to other banks.
Mr. WASHBURNE, of Illinois. that “and other banks." The resolution, as amended, was agreed to.
Mr. WASHBURNE, of Illinois, mtRtv the resolution was agreed to; upon the table. Agreed to. GRADE or VICE ADMIRAL.
Mr. RICE, of Massachusetts. I ask the Gentfrom Pennsylvania to yield to allow me to introduce a bill.
Mr. RICE, of Massachusetts. I ask unanimous consent to introduce and put upon its passage a bill to amend an act to establish the I am willing to agree to I accept ade of vice admiral in the U.S. avy. The bill was read in
Mr. RICE, of hi ssachnsetts. gentleman will allow this to pass.
Mr. ROSS. We have had flummery enough of that kind. RECONSTRUCTION AGAIN.
Mr. BLAINE. hen I must say if the Gentleman answers the question in that way that he puts a strange construction on the section. I Wlll read it again. It is as follows: 81:0. 3. Until the 4th day of July. 1870a.ll persons who voluntarily adhered to the late insurrection. HVIDR it aid and comfort shall be excluded from the right to votefor Renresentniivesin Congressand fUonr itceldeeStotarstefosr. President and VEEP of the Now, I understand the distinguished Gentfrom Pennsylvania to say that those under the rank of colonel who were pardoned will not be considered as having “ adered” to the rebellion, and that this will not apply to them, or in any way affect them. This certainly is a very strange construction, and it seems to me that it etfectually uullifies what has been understood as the intent and purpose of the section. In that view the section is worthless; and in the viewI have given it involves bad faith.
Mr. STEVENS. The law says that a man convicted of fclonyshall not testify. You call him as a witness; the objector shows his conviction; he shows his pardon; and he is not a felon.
Mr. BLAINE. The Gentfrom Penn Bylvania will excuse me. There is no pardon that can be shown in this case.
Mr. STEVENS. Oh, yes 3 there is a pardon.
Mr. BLAINE. There was no pardon granted except by the proclamation. These men have no pardons which they can produce in court as a malefactor can. A vast class was pardoned by wholesale, and being pardoned, t maystand today just as well in point of civil rights and privileges as they did before the rebellion. ow, 1 maintain that this constitutional amend Iment would lead to serious misunderstanding throughout the entire South.
Mr. STEVENS. Of course the fact of having complied with the conditions of pardon will be shown.
Mr. BLAINE. But there were no conditions.
Mr. BLAINE. President Johnsons proclamation pardoned all below a certain rank in the rebel army. Mr. Lincoln, I know, did exact conditions; and if there were no proclamation out except that of Mr. Lincoln, why, of course, there could be no misunderstanding. But Iwaut the gentleman to ob serve the phraseology of the act of 1862, for it was evidently written with a view to bei applied after the war should have ceased. says: “The President is hereby authorizedat any O hereafter, by proclamation, to cittendtopers ho may have participated in the existing relax. any State or part thereof, pardon.” in Ate. It alluded to a future time when the rebellion should be suppressed. That future time has been reached. The rebellion was concluded and its armies disersed, and President Johnson, in direct and ) literal pursuance of law, issued his proclamation pardoning all that class below the rank of colonel who had participated in the rebellion. Now, this constitutional amendment would be held to override the Presidents proclamation, being organic in its nature and supreme. I understand, to use the cant phrase of the day. that it “goes back” on these men, and deprives them of the civil rights which this full pardon restored to them. That is my understanding, and that, it seems to me, would be the legal construction. But if the Gentfrom Pennsylvania is correct, and itdoes not apply to that class of men, then I maintainthat it is the bounden duty of the House to make the language so plain that “ he who runs may read, ” and that there may be no doubt about its construction.
Mr. STEVENS. I have only to say, again, that whenever a man can show a full pardon, no penalty can be inflicted. It
Mr. BLAINE. I desire to make no motion at this time, but if this provision is to be left, according to the construction which I have given it, what I think is the obvious one, or according to the construction which the Gentfrom Pennsylvania has given it, which. it seems to me, would lead to infinite mise hief and complication. I shall avail myself, at the propertime, of the right to move to strike it out.
Skip Skip massaoa rnou The snxarn. A message from the Senate, by Mr. Foam iv, its Secretary, announced that the Senate had passed aJtResolution of the House (No. 133) relative to the attempted assassination of the Emperor of Russiapvrth an amendment, in which he was directed to request the concurrence of the House. RECONSTRUCTION AGAIN.
Mr. STEVEI S. Will the gentleman allow me to interrupt him a moment?
Mr. STEVENS. I was not perhaps sufficiently explicit in what I said in answer to the interrogatory of the Gentfrom Maine, [Mr. Burma] I admit that a pardon removes all liability to punishment for a crime committed. But there is a vast difference between punishing for a crime and withholding a privilege. Nobody will doubt that you may distinguish between classes in the privileges accorded to them if you think their enjoyment would be dangerous to the community. While I admit that the pardon will be full and operative so far as the crime is concerned, it confers no other advan tages than an exemption from punishment for the crime itself.
The SPEAKER. A motion to amend is not in order pending a motion to recommit.
Mr. GAR ELD. Then I move that the resolution be recommitted to the committee, with instructions to report it back to the House with the 3rd section stricken out.
Mr. RAYMOND. I inquire whether it will not be in order to call for adivision on the different sections of this amendment. I think that will be the better way to test the sense of the House.
Mr. GARFIELD. Mr. Speaker, I think when the vote comes to be taken on the motion to recommit, with instructions to strike out, the merits of the question will be tested by the House.
Mr. RAYMOND. I ask whether itwill be in order to call for a division new, or at any time.
The SPEAKER. A resolution can be divided if each part can stand by itself, but a bill or JtResolution cannot be divided. It may e amended. Sometimes the House considers them section by section. They stand as a whole, and must be so considered.
Mr. RAYMOND. Can this be considered section by section?
The SPEAKER. It has been reported as a whole and must be acted on as a w nlc.
Mr. RAYMOND. If this be considered se e tion by section, then a 2/3rds vote will be required to carry each section. If amendment is necessary a majority can make it.
The SPEAKER. A majority can amend it, but it will require 2/3rds to pass it.
Mr. ELDRIDGE. I rise to make an inquiry. This being an amendment to the constitution in 3 different particulars I ask whether it will not be required that we shall vote on them separately. I ask whether we can amend the Constitution by adding provisions grouped together in the manner in which these are without voting on each distinct ropposition. Do not the Constitution an law require that they should be so voted on I
The SPEAKER. They do not. The rep position is reported by the committe mm whole, and although it embrace different provisions, yet this House and the Senate and the people will vote on it as a whole.
Mr. GARFIELD. It appears, then, that my motion is the only one that will bring us to a vote on this subject.
The SPEAK It. The Gentfrom Pennsylvania [Mr. Srsvnxs] as the right to with draw his motion to recommit, and with the withdrawal of that motion the instructions would fall.
Mr. GARFIELD. Would I not have the right to renew the motion?
The SPEAKER. The gentleman could renew his instructions if the previous question were not sustained.
Mr. GARFIELD. Would I not have the right to move to amend if the previous question were voted down?
Mr. GARFIELD. Now, Mr. Speaker, if the gentlemen who report this bill will put in a section, that all who participated in the rebellion shall forever be excluded from the right of elective franchise. in all cases relating to national offices, then I will say the proposition will be just and one we could standpupon as a matter ofv principle. Anything is just which excludes rem privilege and power all those infamous men who participated in rebellion. The proposition, withoutany modification.with outany limitation, would meetwith my approval as one eminently just, if it could be practically carried out. But when you attempt to make it extend only fora limited period, you thereby acknowledge that as a principle they ought not to be excluded except for a limited period. am unwilling to admit that proposition. Asa matter of principle they should either be forever excluded, or allowed to come in when they comply with such conditions as the loyal people of this country, through their representatives in Congress may rescribe. I do not think we can so well stan a mixed proposition like this.
Mr. DAWES. The gentYeman proposes to submit practical views on this question, and in that view I ask him by what method the congress of the U.S. could carry out that proposition if it is to deprive these parties of the right to vote in State affairs wilhout erecting themselves into a tribunal in which to settle the question itself. I ask in that connection what tribunal is erected either in the Constitution or laws of the U.S. by which to settle the question in the appointment of electors of President and VEEP? Is there any tribunal provided either in the Constitution or the laws of the U.S. to test the question, should the time ever come when the elections of a President and VEEP depends upon the right of certain men to vote as electors or members of the Electoral College, and yet their right so to vote be disputed? It seems to me there is a defect somewhere in the want of any tribunal known to the constitution and laws by which you can ever determine this question, and the time may come when the whole nation will be rent in twain upon that question.
Mr. GARFIEL. I am oblied to the Gentfrom Massachusetts. I adnoted that point, and in this running debate was about to overlook it, that in case this provision should prevail and there should come up at the next presidential election anumber ofclectors from those 11 States whose vote would determine the fate of the election, and then in the Electoral College the question should be raised whether those electors were chosen by men who had been in rebellion, what tribunal have We to decide that question? Have we any 00mmittee of elections provided for in the Elec toral College? Have we any court, have we any tribunal whatever under the Constitution to which that important question could be referred? It is not impossible that this section might bring us face to face with a new and most dangerous question, the solution of which is not sy to see.
Mr. SCOFIELD. Will the gentleman yield for a question?
Mr. SCOFIELD. The gentleman says that he will go for an amendment to the Constitution that shall disfranchise this class forever. Now, I wish to ask him, if he should get the report amended to suit him in that respect, how is he going to get a tribunal todecide that question any better than now?
Mr. GARFIELD. The gentlemans question does not involve me in any difficulty. I did not say I was in favor of putting such a clause into this amendment in view of all the circumstances, but I said that that proposition would be more just than the present one, and I would prefer it. There would be practical difficulties in the way of either proposition, but more I think in the way of this. HOTCHKISS. Will the gentleman c with. GARFIELD. Excuse me; I shall conclude my remarks in a few moments. My colleague [Mr. FINCK] denounces this proposition an the whole scheme of the reconstruction committeeaa revolutionary, and calls upon the South to rally unitedly, and trusts they will have the manliness to resist it. It is not the 1st time that gentlemen on that side of the House have asked the South to rally avainst the North. During the last 5 years of bloody war their voices and their votes here and their actions elsewhere have been characterized by the same spirit, and have he]ed to unite an rally the South against the nion. It. does not become these men who have so long pursued these revolutionary schemes against liberty to charge this House with being revolutionary when it is strug ling to restore both liberty and Union to the Republic.
Mr. FL CK. Does the gentleman refer to what I said a few moments ago 2
Mr. FINCK. The gentleman has misstated what I said. I called upon the South to rally around the policy of AndrewJohnson; noth in aboutrebellion.
Mr. GARFIELD. Well, Mr. Speaker, how much difference there is between the gentlemans sentiment as I repeated it and as he himself states it I leave it to the House to judge. I understood him to call upon the people of the South to have the manlmess to resist the operations of Congress and of the great Union party.
Mr. GARFIELD. The gentleman can consult his notes. If he did not use the word he knows best, and I desire to be corrected if I misrepresent him. But I understood him to say that be trusted there was sufficient man hood in the people of the South to unite and resist the revolutionary schemes of this congress, as he was pleased to denominate them.
Mr. FINCK One word. I said I hoped they would have the firmness and manliness of spirit to unite and reject this proposed I did not use the word, nary legislation of Congress. of these persons the accumulated ruin of 4 amendment, which was calculated to subordinate them as States in the Union.
Mr. GARFIELD. They have undertaken to reject and resist our scheme of restoring the Union for 5 years, and they propose now, and the gentleman by his own congression in vites them to continue to unite and reect the scheme of the great Union party an of the people to build up liberty in this country and put down traitors and treason everywhere. I call upon the teat Union party to stand together, and with all their manhood resist the revolutionary schemes not only of these rebels at the South, but of their coadjutors and abet tors on this floor and everywhere who would unite with them and trample not only upon the rostrate body of the Union party, but, as I believe of liberty herself. I have done.
Mr. FINCK. Will the gentleman allow me just one moment?
Mr. THAYER. I will yield to the gentleman for a moment.
Mr. FINCK. I desire to so to my colleague, for whom I have the higiest respect, that in my judgment there is but one party in this country that is a disunion party, and he belongs to it. [Laughter on the Republican side of the House]
Mr. GARFIELD. I am willing to stand by my record as a Union man.
Mr. THAYER. Mr. Speaker, the proceedings of the House today will, I trust, silence, at once and forever, the clamorous calumnies which have been industriously propagated by desiguin persons ever since this Congress convened, in which it. was asserted that this Congress had no intention of taking any steps the object of which was the restoration of peace and concord to this whole country. There have been persons, sir, very wise in their own conceit, great builders of States in their own judgment, and great law makers, if their own opinions are to be received as truth, who have supposed that the great work upon which this Congress has entered was awork which might be accomplished with as much facility as a justice of the peace would dispose of an insignificant case in his court; and who saw, in the subject which engages the attention of this House, a matter of no grander dimensions than those which characterize the ordi In the opinion years ofcivilWar was to be remedied in an hour; States which were disorganized and rent from the arent Government by organized secession; by the deliberate and solemn act of conventions of the people; by the passageof laws during a period of 4 years; by the formation of new local governments; and by the exercise of every defacto sovereign power, were, in the opinion of these wiseacres, to be regenerated and restored to their normal relations to the Government, whose laws they had everthrown and trampled under foot, with as much facility as von would pass the most unimportant bill, and with as little delay as it would require to call the veas&nays in this House. Let the American people,
Mr. NIBLACK. I give notice that I will offer the following amendment if I shall have the opportunity: Add to the 5th section as follows: Provided, That nothing contained in this article shall beso construedas to authorize Congressto reg uluto or control the elective franchise within any State or to abridge or restrict the power of any State to regulateor control the somewithin its own uris diction, except as in the 3rd section hsrco prescribed.
Mr. BO E. Will the gentleman allow me to interrupt him?
Mr. BOYER. I did not propose by anything I said to hand this Government over to the control of rebels. As I understand it the people of the South, once rebels, are rebels no onger; and I say that when they are ready to submit to the laws, as I believe they are, and send loyal men to represent them in this Hall, they have a right to be here and a right tAo be heard in the atiairs of the Government.
Mr. KELLEY. I will not repl to the Gentleman 1.my own language, but ffom the pen of one who was as faithful to the rebellion and the confederacy as be, but made greater sacrifices for them. For he was in NCarolina and stood h the confederacy until its last army was surren cred. I read from his letter of 3d instant.
Mr. BOYER. Do I understand my colleague to say that I was faithful to the rebellion 1
Mr. KELLEY. I so. this: thatthe Democratic party of the North fought for the rebellion where there was no personal dun er as zealous! as the Democratic party of the South did on the field of mortal danger.
Mr. BUYER and I sayt at my colleague fights for disunion as zealously as ever armed traitors at the South fought or it during the rebellion.
Mr. KELLEY. Opinions differ that is all. Nothing further need be said on that subject. In this letter of May 3, my clear headed and sta“tIesmanlike correspondent says: have always held that it wasabsurdin us.after being reducedto submissionby the Federal Government. to set up any claim of right to regulate the terms at settlement. O me it is simply ridiculous to assertthat the Stateshad both the right to secede, and, upon a failure to establish it. the right to return at leasuro. No conclusion is more logical to my mind than this, namely, that if the rightof secessionexisted and was t9hxaetr, c is od, tShteatesarenow conquered territory: or failingifi intdaidrneovtoelxuntigotnt.h. efoprefeoipteled, athfteeirramt toesmtpvtainlugaabnlde political rights and in either casethe consequences are practically not very different. Whatever I thin of the wisdomof your plan may of reconstruction, the right of the Government to makeouc.nohodybut an insanemancandeny. Like the vanquishedevery where, I glory now thiinnkfotrhtietupdeeoaplloenoef.t”he Southwill reap true That comes from as stout a champion of secession, rebellion, and war as there was on the floor of Congress during the war one who gave 4 years and most of his property to sustain the cause. I turn to another distinguished son of the same State.
Mr. ROGERS. I ask the gentleman to give the name of the author of that letter.
Mr. BOYEr. Where does my colleague findhis authority for saying that they have lost all their civil and political rights?
Mr. KELLEY. I reform to theletter from the cutlemans coworker in the southern wing of the Democratic party duriInIg the last 4 years, my correspondent from NCarolina.
Mr. BOYER. I ask better authority than that of a rebel, although he may pass current with m colleague.
Mr. ELLEY. The time was when such. would have been a good deal better than republican authority with the gentleman.
Mr. BOYER. It is just as good today as the authority of the gentleman.
Mr. KELLEY. O advantage will accrue from involving great national questions inpersonal wran lcs. I quoted the authority, and will ram it own the gentlemans throat in the 6th district in the coming congressional cam ai n. p
Mr. BOYER. Yod had better take care of your own congressional district, and I will take care of mine.
Mr. RANDALL, of Pennsylvania. I think so, too.
Mr. BOYElt. I desire to ask my colleague what sort of a government he would call that in which 9 10ths of the adult male population are not allowed to vote whether that is the kind of republican government which he has been telling us the Constitution guaranties to eve State I
Mr. ELLEY. Sir, if 9 10ths of the people of a State commit felony, and are convicted of it, they are deprived of the right to vote; and armed and warring treason involves all crimes. While, therefore, bloody handed traitors, though numberin 9 10ths of the people, are disfranchised y law, let the loyal people carry on the republican government of the State.
Mr. KELLEY. No, sir; no further interruption. My colleague believes that in SCarolina 4 7th s of the people, every.soul of whom were loyal, should be disfranchised, and 3 7th s, every soul of whom.were disloyal, should govern the whole 700,000 people of the State. That is not republicanism. That is not democratic repablicanism. That is not the sort of republicanism to which the interests and destiny of this country can be safel confided.
Mr. BOYER. My colleague is very apt to interrupt other gentlemen; and I trust he will have the courtesy to permit me, in this connection, to ask him one other question; and that is, whether he would disfranchise 9 10ths of the adult male population of a State because of their treason after they have repented of that treason, have become loyal citizens, and returned to their obedience to the Constitution and the laws? I ask him whether he would, for the sake of punishing them still further, establish oligarchlies in these States, (by excludin the great mass of their citizens from the bal ot box.
Mr. KELLEY. Sir, if Probst, who recently murdered 8 members of one family in my city, repented ever so much, I should still say, enforce the law against him; if you find hismental and moral nature so low that you ought not to execute him, because you do not believe 5him to be resonsible, kee him in the peni tentiary for the residue of his life, but never turn him loose on society. Protect society against him, however penitent he may profess to be. He only killed 8 persons some of.those rebels, for whose equal citizenship the gentleman contends, killed their 100s, and all of them struck at the life of the nation. This measure does not propose to punish them on the contrary, it is an act of amnesty, an proposes, after 4 years, to reinvest them with all their rights, which they do not possess at this time because of their crime. The only other section of this much abused proposition is as follows: 8:0. 5. TluOonerm shall have power to enforce by appropriate legislation the provisions of this urtw e. So far as I am individually concerned, I object to the amendment as a whole, because it does not go far enough and propose to at once enfranchise every loyal man in the country. I wish to see its power assorted by the Government. I want to see traitors in cart or head, those who would hatch or effect treason, made to understand that the Constitution of the U.S. is the supreme law of the land; that treason is a crime which must be made odious; that traitors must be punished; and that it is the purpose of the governing people of the North, “that proscriptive bod of men known as the great Union party, to maintain these propositions be and “all cavil or dispute.”
Mr. SMITH. I would ask the gentleman if he is in favor of disfranchisin all the colorod men who went into the robe army.
Mr. KELLEY, I am in favor of disfranchising every traitor in the land, whether he be white or black. But I do not believe the Gentfrom Kentucky [ML SMITH] can find a black voluntary traitor. Millions of colored people were property when the war began; they were owned; they were dragged or driven like cattle to where their owners would have them go; and if that was to the battle field, being there they defended their lives. They were not allowed to assume responsibility when they were owned. Therefore do not adduce the fact that the master dragged his hound, his horse, or his slave into the held as evidence against the poor chattel. Prove the treason, make it evident in anyway that he was a volunteer in the cause of the rebellion, then punish him as though he had been General RobtELee.
Mr. SMITH. I happened to have seen myself in the field colored men who were volunteers in the rebel service; who were captured with arms in their hands; and who confessed that they had gone into the rebel service of their own accord. I have seen in the city of Washington, since I have had the honor of being a member of Congress, black men whose whole sympathies were with the South, and I must, say, in opposition to the Gentfrom Pennsylvania, Mr. KELLEY ] that I do not feel like hanging these men of dark comlexion who have voluntarily gone into the recl army as privates. I wish to forgive them. Yet these men, as black as the aceof spades, went into the rebel army of their own accord to fight against the Government and against you, and yet you would not hang one of them, while you would hang the white men who volunteered as they did to go into the rebel army.
Mr. HIELLEY. Do you think the ought to vote because they fought for the rebellion as one would have these others? [Laughter]
Mr. SMITH. Now the laugh comes from the other side. [Renewed laughter.] That is pretty good. Now, I do not object to letting the black rebel vote if he was a voter before the rebellion. But the State of Alabama from whence these men came
Mr. KELLEY. The gentleman has got through hisquestion, I suppose.
Mr. KELLEY. How much time have I left, Mr. Spekcr?
The SPEAKER. The Gentfrom Pennsylvania [Mr. KELLEY] has 2 minutes of his time left.
Mr. KELLEY. I want to say in those 2 minutes that all that the Gentfrom Kentucky [Mr. SMITH] says may be true. I have known colored men to come in all along our lines, bringing their arms, ammunition, and sometimes horses with them, saying they had pretended to volunteer in the rebel service, in order that they might get to the front and run over to the land of freedom. I have no doubt there were 1,000s of such cases, and I should, therefore, require more proof to convict a freedman, whose master was in the rebel service, of treason than I would to convict Lee or any of the volunteer soldiers of the rebel army who were free men, the masters of their own bodies, the possessors, under God, of their own soils, as the poor negroes were not allowed to e.
Mr. SMITH. Now I will take the other half a minute. I wish to say to the Gentfrom Pennsylvania, [Mr. KsLmY] in an ort of his own position, thatI have been myseF if I may be pardoned for using that expression at this time the reci ient of the kindest and strongest and most loya admenitions of that dark complexioned race of which the gentleman has just been speaking. I have known an instance in, which my own regiment and myself, and, as I believed at the time, the interest of the “ front ” to which I was ordered, were protected and saved by a man born in slavery, aman as dark as Egyptian blackness itself.
Mr. KELLEY. I wish to ask the gentleman whether a white traitor is better entitled to vote for Congress and President than that dark skinned patriot. Here the hammer fell.] Mr. SCHENCK obtained the floor.
Mr. SMITH. Mr. Speaker, I would like to finish to s ccch.
The SPEAKER. Does the Gentfrom Ohio [Mr. Seusxex] yield to the Gentfrom entheky, [Mr. SMITH?]
Mr. SMITH. I wish to say to the Gentfrom Pennsylvania and to the House and to the country, that because of the action of that black man to whom I have referred, I secured to him his freedom by transporting him, under the authority of the Government, be ond the section of country where men were held as slaves; and for this he gave me his thanks, which Iapreciate. No man today is more willing and ) more determined to interest himself in giving to these people full and complete protection than I am. I yield nothing to the Gentfrom Pennsylvania, [Mr. Kahuna I yield nothing to that class of men, in a rea iness to acknowledge and reward the services of men, black as well as white, who have been faithful to this Government.
Mr. SMITH obtained the floor. MISSISSIPPI and OHIO RIVER PILOTS.
Mr. WHALEY. I ask unanimous consent to present the remonstrance of pilots on the Mississippi and Ohio rivers against the passage of House bill No. 447. I
Mr. WASHBURNE, of Illinois. I object; let it come in under the rule. ENROLLEDJtResolution SIGNED.
Mr. TROWBRIDGE, from the ComEnrollBill, reported that the committee had examined and found truly enrolled a JtResolution to provide for the exemption of crude petroleum from internal tax and duty, and for other purposes; which was thereupon signed by the Speaker. RECONSTRUCTION Again.
Mr. THAYER. I rise to a point of order. It is out of order tomention by name any member present. I would not make this point upon a new member, but I think I can airly make it upon the Gentfrom Kentucky as the practice has become of late a very common one.
The SPEAKER. The rule is, imperative that members must not be referred to except as from the States which the represent. M
Mr. SMITH. I only use the gentlemans name in parenthesis. [Laughter Now, sir, I have heard the gentleman who called me to order as well as other gentlemen upon this floor mI ention the names of members in parenthesis. would like to know, then, by what authority he has called me to order. on will find in the printed speeches the names of members printed in larenthesis.
Mr. THAYER. The names are interpolated by the reporters. The gentleman cannot mention any instance in which I have called the name of any member upon this floor. 1 consider it unparliarnentary. I hope in future we will not have any more of it.
Mr. SMITH. I do not want the gentleman to take up all of my time. I wish to say I have precedents. Every gentleman who has any reputation in this country, and who has spoken upon this floor, has again and again called members by name when it was necessary to do so. There is the Gentfrom Illinois, I will notmention his name, and many others, have called members by name ten, 15, and 30 times.
Mr. WASHBURNE, of Illinois. If the Gentleman refers.to me I will say that he never heard me call a member by name.
Mr. SMITH. There are other gentlemen 0n the floor from Illinois.
The SPEAKER. To calla member by name in the British Parliament is considered the highest censure.
Mr. SMITH. Mr. Speaker, I want to have one thing settled right here. I find every time within the last 4 or 5 weeks that I have risen to address the House I have been interrupted by questions of order. I am a.man of cod humor, and you cannot make me mad. I do not mean to do any wrong to anybody, but I do mean to speak the truth. If it offends anybody, why tllen let them call me to order. I mean to say that none of these States are out of the Union, and that they never have been out of the Union.
Mr. SMITH. I do not yield to the gentleman. The gentleman with his point of order has diverted me from the course of my arment. I am willing to stand on the prinnciples I have avowed. There is the Gentfrom Ohio I will not call him by name, but the House will see whom I mean by looking where I am pointing myfinger wus allowed to go on making his speech without interruption, but how does it happen when I undertake to speak in vindication of the great principle of the Union party I am constantly called to order?.Mr. "HAYER. Does the gentleman want an answer?
Mr. KELLEY. Will the gentleman yield for a.question?
Mr. SMITH. Mr. Speaker, how much time have I left?
Mr. SMITH. Well, how long do you want me to yield?
Mr. KELLEY. I ask the gentleman whether he knows the fate of those who are neither hot nor cold.
Mr. KELLEY and whether that is your posltion.
Mr. SMITH. Yes, sir, [laughter] I understand what is “ the condition ot those who are neither hot nor cold.” The Bible informs me they are spewed out, and you are about the worst “spewed out” man I ever saw in my life. [Great laughter.], You take care of yourself and some of your colleagues over there from Pennsylvania. oistol.know them, who have l Now, Mr. Speaker, I want it distinctly under stood that the friends of the black man, and I use the words with emphasis, are those who been associated with them and familiar with all their characteris tics. They are the men who have defended them in the past, and will defend them in the future. Now, the “spewed” Gentfrom Pennsylvania talks about hanging rebels, and hanging all sorts of men. I remember, as he must too, the time when he saw, walking through the streets of Washington, a whole company of black men, dressed in grey, who were prisoners of war. Would you hang them, sir?
Mr. SMITH. Then you were blind. [Laughter.] Your deeds were dark, and on could not see what was going on. [Great aughter.} I tell you I saw them, and they were there. would not ban those men. would not prosecute them. would not interfere with them. I would give them ageneral amnesty, and I would extend it to the great masses of the pee le of the South. ou will have to live with those people; they are a part of the Government; their States are States of the Union; they are under the Constitution; they are subject to your laws, and they obey every precept that you lay down for them. and, sir, one remarkable thing is this: that if a rebel obeys the law, you want to hang him because he does obey it, you believe the law must be wrong because he assents to itl, But, if he violates the law, you want, also, to hang himl What is the poor man to do? If he obey the law he is hung, and if he does not obey it he is hung. Now, Mr. Speaker, there is one other thing I wishto say. There are 2 parties in this countrywho are against this Government, and are attempting to overthrow and destroy it the one is an extreme party on the one side, and the other is an extreme party on the other side.
Mr. PERHAM. To which party does our friend belon 1
Mr. MORRILL. Mr. Chairman, the amendment pending, offered by the Gentfrom Maine, [Mr. LYNCH] provides that a certain amount, either 600 or 1000 pounds of cotton 600 pounds, I believe shall be exempt from tax throughout the South wherever cotton is produced.
Mr. LYNCH. If the gentleman will allow me, I will modify my amendment.
Mr. LYNCH. I with raw my amendment, and move to add to the section the following: Procided. That any producermayin eachyour procure an exemption of not more than 600 pounds of cotton producedby himself and ownedby mi from wanting to baling and exeiiiptic n. bycomplying ivit such regulations as the ComrIntRev shall ircscribe. under the direction of the SecyTreasury.
Mr. MORRILL. In my judgment, this amendment, if adopted, will be utterly destructive of all revenue from this source and as I know my friendfrom Maine [Mr. LYNCH] is in favor of a tax upoa cotton, I trust he will withdraw it. But before ielding the floor let me say that if. this amendment should be adopted every piccaiiinny in the South would have 600 pounds of cotton to be exempted. All of the land would be leased or so managed that every workman, whether employed for wages or otherwise, would come forward with what would appear to be a valid claim for an exemption, and if this amendment should be adopted, I should regard it as equivalent to the rejection of this proposition to tax cotton.
Mr. LYNCH. I should be very sorry to propose any amendment here which would efeat the object of the committeein levying a tax upon cotton. When I offered my 1st amendment I stated that my object was to encourage the small producersof cotton in the South; and also to follow out the general principle of the bill which exempts the small manufacturers of the North, the miners that produce a small amount, and incomes to a certain amount. I think there will be no more difficulty in guarding against fraud in the exemption of this amount than there is in guarding against fraud in the exemption of $600 worth of manufactured goods. It is hardly to be supposed that a planter can form out to all his hands his plantation, while he really owns all the crop, and have every one of them come forward and make oath that the each own 600 pounds of cotton, an obtain exemption papers upon that amount under any regulations that may be made by the ComrIntRev. I do not see that the farmer can attempt that any more successfully than the manufacturer at the North can share out his factory and thus avoid the 5%. tax. I think it is a matter of a great deal of importance that we encourage these small producers of the South by giving them the advan tage of this exemption, and let them feel that the Government is a beneficent one. While at the North I would not encourage any class distinction, I would permit this at the South. I think it is for the interest of the Government that they should make the poor white people and the poor black people of the South eel that they had certain privileges and certain exemptions, and I think it is no more than right and just that the same principle should be applied at the South that is applied at the horth. I will leave the House to decidethe matter.
Mr. MORRILL. I regard this matter to be quite as important as the Gentfrom Maine [Mr. LYNCH] can regard it and I would like to reach the point of being able to give these men the bounty which he proposes, for it is nothing less than a bounty. If we do not adopt the provision the gentleman proposes they Will have nothing taken from them; they are as well offas they would be ifwe do notpass the law. out the country wherever it goes. trict. Now, let me say, in relation to this proposal, that there is a very great difficulty about it. This provision, if adopted, cannot be enforced. By the provisions of this bill we provide for the collection of this tax when the cotton m removed from the district or when it is manufactured in the district where it isiproduced. If there is anyone in any of those districts who raises cotton and who slhll see fit to manufacture an amount of cotton equal to thatallowod to persons in the North, he will have the some privileges of exemption as the man who manufactures cotton in the North. If we allow this 600 pounds of cotton to be exempted for each producer, then every bale of that exempt cotton must be traced through It is quite enough to be called upon to trace this cotton to the manufacturers or when it leaves the disTo undertake anything more would be futile, and in my judgment absolutely impos sib e.
Mr. LYNCH. I would like to ask the chair man of the ComWays&Means [Mr. MORRILL] if there will be any more difficulty in putting the exemption stem on the bale than to put astamp on to show at it has paid the duty.
Mr. MORRILL. The cotton the gentleman proposes to exempt will be in very small parcels, about a bale and a half each, and it will come in from all quarters, whereas in the General administration of the law it comes in in large parcels.
Mr. LYNCH. I understand that each bale is to be stani ed. The CHAI tMAN. Debate has closed upon the amendment. the question was taken on the amendment of Mr. YNCH, and it was not agreed to.
Mr. UPSON. I move to amend this section by strikin out the word “5” and insertin the wor “ 3, ” as the tax perpound to be evied on raw cotton. I will state briefly my reason for this amendment. I consider the tax proofpfeorsieng by the bill as exorbitant and calculated to have an injurious effect, that tax being equivalent to 20 or 25 dollars perbale. Besides, it will be found, by an examination of the bill, that after the cotton is manufactured into fabrics there is to be an addition of 5%. advalor cm, so that the consumer of this cotton, when it is manufactured, will have to pay that 5%. duty added to this tax. Although it is said that the consumers who will pay this tax will, to a considerable extent, be those in foreign countries, still a larger portion of these manufactures will also be used in this country and I find that the lilroducer is generally very desirous to exempt the product from tax, as in the case of petroleum, in regard to which the question was considered so urgent that a bill on that subject was yesterday rushed throu has an independent proposition. Iinfer, from acts of this sort, that a tax of this kind does, at least in some cases, affectin a measure the producer as well as the consumer. I submit that, in the present state of our country, a tax of v 5 cents perpound on cot ton would be a very heavy burden, and is calculated, I think, to work more inury than benefit. This tax will weigh heavi y upon a large class of our people who make use of manufactures fabricated from cotton. The tax is now 2 cents perpound. I notice that some of the southern States, NCarolina for instance, have gone through the process of levying a tax of 2 dollars perhole on cotton to an port their provisional governments. The artic e is also subjected to other local taxes in the States where it is reduced.
Mr. STEVENS. f the Gentfrom Michigan [Mr. UPSON had not moved to reduce this tax, I should have moved to amend by striking out “5” and inserting “eight.” I think there is very good reason why this one article should pay a very l. r e portion of the taxation which we are oblig to raise. If we had a right to lay an export duty, which the Constitution at present forbids, we could, with an export duty of ten cents perpound, raise $200,000,000 annually, while at the same time protecting our own manufacturers and selling abroad just as much cotton as we do now. Under the circumstances we must do the best we can. The only thing we can do is to in an internal duty, and then allow a drawbac uplon that portion of the manufactured article which is exported. That is the only mode by which we can now do what we ought to do.
Mr. UPSON. I wish to inquire whether the object of the drawback is to enable us to sell more cheaply to foreign countries than to our own people.
Mr. S"EVENS. The object of the draw back is to enable us to go into the markets of the world with our manufactures, where we cannot now go to enable us to go where England is able to go by her free trade system at home to enable us to go to South America, to France, to the continent of Europe. If we would manage our concerns wisely, if we would lay a tax, for instance, of ten cents upon all of the article that is exported and nothing at home, there is not a market in the world to which the fabrics of this country would not find their way. We must approach the object as nearly as we can; and as we have to raise a considerable amount by internal taxation, let a portion of it be borne by those who raise the article of cotton and who created the neces sit for this taxation.
Mr. UPSON. I thought the object was to benefit the home market.
Mr. STEVENS. Internal duty is not protection; it is just the reverse of protection.
Mr. STEVENS. The object of the draw back is to enable the people of this country to send their manufactures advantageously into the markets of the world, without being over borne by the competition of the cheap manufacturing countries of Europe. How can we accomplish this except by a drawback as proposed y the bill? We now allow a drawback on whisky. We put no tax upon whisky exported. Why is this? It is that we may go into other countries and sell that article without being atiected by the burdens of taxation which we are compelled to bear here. But it enables us to pay taxes in proportion, if we can sell a portion of our surplus production abroad at some kind of profit. An therefore, instead of sending the raw material abroad, let us now manufacture it here, and when we have manufactured it here, and our manufactories have been fully employed, let us send the product abroad to other countries where it is needed. But in order to do that you must take off a portion of the duty which is necessary here. Therefore I are opposed to the amendment of the Gentfrom Michigan, [Mr. Ursox] although I am deterred from sayin anything about the 8 cents tax, as I inteu ed.
Mr. HOOPER, of Massachusetts. I move to amend the amendment by making it 2 cents instead of 3. I regret to differ from my colleagues on the committee upon this or any other item in this bill, and I believe it is the only importantitem in regard to which I differ from them. But my conviction is very strong against this tax. The main object of this bill is to relieve the country from some portions of the burdens of taxation, and cotton is the only article on which the tax is increased the present tux being 2 cents, equal to about 9 dollars perbale and this bill proposes to increase it to 5 cents, or about 22 and a half dollars or bale. During the war Congress refused to impose more than 2 cents upon citton. It seems to me unust and impolitic, now that the war is over an every one desires to see the industry of the South revive and flourish, to oppress the production of cotton with this bur densome tax. as It is not true that this tax will be paid by the consumers of the cotton. In the present condition of the supply of cotton the tax must come out of the producer. The price of cot ton both here an abroad will depend on the extent of the supply, and whether you tax it 2 cents or 20 cents the price will not be affected by the tax until it o crates to restrict the production of cotton in this country. It is a mistake to an pose that because we produce more cotton than any other country, or perhaps than all other countries, therefore we have the monopoly of the article. whatever tax we impose on cotton is paid by the producer until it restricts the production; and then it will operate as a bounty to encourage its reduction in other countries. I9shall not force the foreign consumer or even the consumer at home to pay this tax. It must come out of the producer of cotton until the extent of the crop is so great that this tax will operate use restriction upon its production.
Mr. MORRILL. Mr. Chairman, this subject is not a new one. It is very clear that if the reposition which was made at the last session of congress to tax cotton 5 cents a pound had bee arried, we should have got many millions of mono without impoverishing the countrya dollar. livery dollar of it would have been paid by the foreigner and so long as cotton remains at the present price, or unti it comes down to a much lower rate, the position taken by the revenue commission without a single exception, I believe, was that it would continue to be the same; that the price levied by the tax would mainly come out of the cotton sent abroad and not one of the manufacturers were opposed to itat the time. It was accepted provide a little pittance of drawback was given upon manufactured cotton. Now, if we are to have any revenue at all of this sort let us put it at some figure that will make it of some importance, and not whittleit down to a point so fine that it will cost more to collect it than the revenue is worth.
The CHAIRMAN. Debate is exhausted on the amendment to the amendment.
Skip Skip The question being taken on the amendment to the amendment, it was not agreed to.
Mr. PIKE. I move proforma to amend by making it 6 cents. The House ought to recollect in actin upon this subject of cotton, that the other ay we passed a bill making an appropiiation for the next year of very nearly 12 million dollars, in great part for the purpose of protecting, encouraging, and assistinv this raising of cot. ton; that is to say, for the ireedmens Bureau. The necessity for that bureau lies in the fact that the population in the South, both white and black, need assistance for the next year, and that they were largely engaged in raising cotton and in raising the corn necessary for their own subsistence. So that it is one of the neces sities of our position that so long as we make this large expenditure, such as we make in no other section of the country, the region in which we make this liberal expenditure should make a liberal contribution in return. Another consideration is, that it is necessary to keep up a standing army in that section of the country where cotton is raised. It will be necessary to employ a large portion of our Army in that section for the coming year, if not for years to come; and so long as these extraordinary expenditures are necessary in that part of the country, so long we should draw a revenue from that section somewhat to correspond with those expenditures. Now, the revenue commission, viewing this simply as a revenue matter connected with safety to the production of cotton, and to its maintenance in the markets of the world as an article of export, have proposed a duty of 5 cents a pound. I am satisfied with that.
Mr. MORRILL. I merely desire to show to the Gentfrom Massachusetts that Gentlemen who are interested in this subject, and have given it great attention, differ with him as to the amount of tax that cotton will hear. I have recurred hastily to the report of the commission on the subject ofinternalrevenue, and I will note the names of certain parties who, I thin, will be good authority with the gentleman. I take 1st the name of Mr. William Dwight, a wealthy and distinguished manufacturer. He was asked if he recommended a tax of 7%. upon the raw material, and his au awer was, “I do.” Another gentleman recommended a tax of only 2 and a half cents a pound, the only one I can call to mind who recommended so low a tax. Erastus Bigelow, agentleman well known for his enlightened views and practical information upon these subjects, was in favor of a tax upon raw cotton.
Mr. BOUTWELL. Will the Gentfrom Vermont [Mr. Manama] allow me to inquire whether this testimony was not taken when the price of raw cotton was something like twice what it is at the present time; and also, too, when the anticipation of the quan tity of cotton in the South to be brought out was something like a million bales, whereas in fact we have obtained one million 900,000 bales or more?
Mr. GRISWOLD. Is there any evidence before the committee as to the price at which the English manufacturers would use American cotton exclusivel I
Mr. MORRILL. I do not suppose that that would ever be the case. Surat cotton, valued usually at 1/3rd less than American cotton, will most likely always be used for some purposes. RHere the hammer fell.]
Mr. KASSON. I move proforma? to amend the amendment by striking out “ 3 ” and inserting “ 4.” I desire to refer to the effect of placing the tax too high upon the quality of the article that gets into the hands of the people. We all know that the high rice of wool has resulted in the insertion, in all woolen fabrics which we are compelled to use, of a large amount of shoddy and it is precisely in that direction that a heavy tax would produce the effect in this case; it would lead to a largely increased introduction of an inferior kind of cotton. I refer to this in addition to what I said before in regard to the practical operation of this tax in increasing the price of cotton goods in the markets at home. I beg again to say, in connection with this subject, what in effect was suggested by the Gentfrom NewYork, [Mr. GiiiswoLn] that the consumption of this material by the English manufacturers is very much dependent upon the price at which they can obtain it. Suppose we put on a tax of 5 cents perpound, or the high tax perbale as suggested by another gentleman, to be paid by the producer, or secured to be paid before the cotton leaves the plantation, which is substantially the effect of this amendment, that very moment you reduce the price of the labor of every freedman in the soutern States. In proportion as you facilitate the production og cotton and increase the demon for it at home and abroad, just in that proportion do you enhance the price of the labor of the freedmen of the out.
Mr. UPSON. Let me inquire of the gentleman whether it is not a fact that at some seasons cotton has been raised and sold for 6 cents perpound.
Mr. KASSON. Unquestionabl, and some qualities even lower than that hot I apprehend is that the production of American cotton may hereafter exceed possibly the de mand which will exist for it at the high price at which our taxes will permanently fix it. It is this apprehension which makes me hesitate very much to vote for this tax of 5 cents perpound at the beginning. I should prefer to wait until we can ascertain what is to be the effect of the increase of two%. in our taxation.
Mr. GRISWOLD. I desire to state to the gentleman that I believe it is an established act that at 25 cents perpound American cotton takes the preference in the markets of the world over every other kind of cotton.
Mr. KASSON. I should be glad to know the authority upon which that is stated, for I noticed that in the remarks of the Gentfrom Vermont, the chairman of the ComWays&Means, he cited the testimony of certain gentlemen in this country, and I was reminded of what transpired before the committee of “Toys and Means in the last Congress in reference to the tax upon tobacco. There were certain gentlemen who advocated most strenuously the imposition of a high rate of tax upon the raw material, declaring that we had the monopoly of the markets of the world, and that it made no difference what tax we might impose. When we followed up those inquiries, it was found that certain gentlemen back of the witnesses held a very large amount of tobacco on hand, then deposited in Europe, the price of which tobacco, would, by an increased tax, have been enhanced to such a degree as absolutely to make a fortune for the holders of it. I do not know that anything like this was the fact with the gentlemen who have testified in reference to the article of cot ton; butImention the incident to show the danger which is to be guarded against in cases where the personal interests of a witness may seriously affect his testimony.
Mr. HOOPER, of Massachusetts. 1 under stood the Gentfrom NewYork to say that American cotton at 25 cents perpound has the preference in the markets of the world over the cotton of any other country. I desire to inquire on what authority he makes that statement, as it seems to me Here the hammer fell.] Mr. MORRILL obtained the floor.
Mr. STEVENS. If the Gentfrom Ver mont will yield to me a moment, I desire to say, as some gentleman has spoken of cotton having been sold at 6 cents peround, that gentlemen in whom I have full conidence, who have traveled through the South within the last 2 years, assure me that with free labor cotton can be everywhere produced there at one cent a ound.
Mr. WILSON, of Iowa. With the consent of the Gentfrom Vermont, I wish to put a question or 2 to the advocates of the reduction of this tax, for the purpose of eliciting an answer upon a practical euture of this question. The amendment which is proposed by my colleague [Mr. Kassox] will reduce the amount of tax proposed to be collected under the provisions of this bill to the extent of about 9 million dollars. The amendment offered by the Gentfrom Massachusetts [Mr. Hoornn] would reduce the amount to the extent of about 27 million dollars. Now, I wish those who advocate a reduction of this tax to state from what source the expect to make up that amount of money. lie light which they may throw on this subect may have some effect upon my vote on these propositions relative to the tax on cotton. The ComWays&Means, in preparing this bill, have had.in view the raising of a certain amount of revenue. If we reduce that amount. by these amendments we must increase the tax upon some other articles or must include as so jects oftaxation some articles which are not now embraced in the bill. I hope, therefore, that those who favor this reduction will give us some lightas to the articles on which they propose an increase of taxation, as well as the articles not now included which they propose to embrace in the bill.
Mr. MORRILL. The Gentfrom Iowa [Mr. Ksssos] has made some allusion to the testimon taken before the revenue commission. 1v at remark shows that the gentleman knows nothing at all about the character of the men who gave that testimony;.for I undertake to say that there are no men in this country who stand higher where they are known and they are widely known than the gentlemen who gave their testimony before this commission. Let me make a single remark in relation to another point so gested by the Gentfrom Iowa, the difiicu ty of collecting this tax from the poo.le of the South. This bill has been prepare with great care, and isnow presented after repeated revision. This tax will only be collected in [the South when it goes to the large manufactories. There will not be a dollar collected of planters on their own plantations on cotton for their own use. When it is removed from the district, however, then the tax will also he collected. In conclusion let me say, if gentlemen strike out this amount, they must be prepared to levy on equal tax in some other quarter.
Mr. RAYMOND. I move O formfi to raise the tax to 6 cents. I o it merely to get an opportunity of saying I think 5 cents, the amount of tax reported by the committee, is one which the cotton crop will bear, at presout at least. The immense sum by which the revenue provided for will be reneed if any change is made in the tax on cotton, seems to be conclusive that no change should be made. The testimony which the committee has taken and especially what the commission took during their investigation on this subject, if gentlemen will examine it, I think they will find is conclusive on this point that live cents is a very fair medium tax on cotton. The chairman of the committee has submitted some of this testimony. More of it is published in this sum mary of the report, appendix No. 3, from which extracts might be read to the House to throw light on this subject. But there is no time in this form of debate to go into that. Mr. Derb a recognized authority on cotton in Englan, says, in his opinion, on excise tax should be levied, and that 5 cents is not too high. All who accede to this amount of tax desire a drawback should be made on manufactured goods when exported. It seems to me we cannot do better than follow the recommendation of the committee. If any member of the House has the facts which will overthrow the evidence upon which that recommendation is made, then we will have some substantial argument to go upon. this ured this will he a discouragement to cotton cu tnre. If it were a necessity the tax now fixed should be a permanent tax there would be weight in that argument. No one supposes the price of cotton will rule lower for a year or 2 to come. It is not the expectation of those who are most directly concerned in the manufacture of cotton goods. If 5 cents is not too high now and should prove to be too high when the next Congress revises the internalrevenue system it can be reduced. We are fixing it upon the price cotton will rule for the next 2 cars.
Mr. MORRIL J. I move that the committee rise to close debate. The motion was agreed to. The committee accordingly rose: and the Speaker having resumed the chair, Mr. Dawns reported that tie ComWhole on the state of the Union had, according to order, had the Union generally under consideration, and particularl House bill No. 513, to amend an not entitle “An act to provide internalrevenue to support the Government, to pay interest on the public debt, and for other purposes, ” upproved June 30, 1864, and acts amendatory thereof, and had come to no resolution thereon. CLOSE OF DEBATE.
Mr. MORRILL moved that debate be closed ibnnten minutes on the pending section of the i. The motion was agreed to. TAX BILL AGAIN.
Mr. MORRILL 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 accordingly resolved itself into the ComWhole on the state of the Union, (Mr. Dawns in the chair) and resumed the consideration of the special order, being a bill of the House (No. 513) to amend an act entitled “An act to provide internalrevenue to so port the Government, to payinterest on the public debt, and for other purposes, ” approved June 30, 1864, and acts amendatory the reof.
Mr. HOOPER, of Massachusetts. Mr. Chair man, the proposition, I understand now, is to raise the tax to 6 cents. The gentleman who made that proposition said, if the tax be reduced below 5 cents it will be necessary to substitute some other tax to make up that amount. I think the gentleman is mistaken. By the returns from the Treasury Dept it appears the revenue for 9 months of this year has been $410,000,000. The estimates for the remaining 3 months of the year, which have been made on a very low scale, give $91,000,000 additional, making $501,000,000 as the total revenue of the year. From the actual data, my own impression is, the revenue of the year will not be less than 500 audl 20 millions. The SecyTreasury says that $350,000,000 of revenue will give him not less than 50 millions to appropriate toward the payment of the public det next year; and he places that as the maximum amount of revenue which ought to be raised for the year commencing the 1st of July next. Now, I say the reduction of tax we have proposed in this bill, without anything additional upon cotton, would not amount to the difference between $350,000,000 and the revenues of the present year, even with considerable allowance for the falling off of production the next year; and of that I have no apprehension. The South has come in, am we are preparing for 30 instead of 20 million people. I I think, at the same rate of tax, the revenue for the next year will be as great as for the present year. I think we need have no apprehension on that score if we levy a tax on cotton as it was during the past year, and at the rate imposed while the war continued, a rate which the last Congress refused to increase after an animated debate. I hope the tax will not be raised; that cot ton, a southern production, will not be singled out. as the only article upon which we shall impose increased taxation.
Mr. STEVENS. The gentleman has spoken of the amount of revenue. I wish to know whether he considers it exceptional, or does he suppose, if Our present rate of tax remains, that amount will be realized? [Here the hammer fell.]
Mr. BOUTWELL. When I was upon the floor before, I made a statement as to the amount of cotton introduced into Great Brit ain for consumption; that while the amount of American cotton between the years 1861 and 1865 fell off more than one million and a half bales, the total. decrease of cotton consumed in England was only 336,000 bales. I say, also, thatby the same tables, between the years 180land 1865, all the cottonimported into England, aportion ofwhich was exported to the Continent in 1861, was oVer a million, exclusive of American cotton while in 1865 the amount of cotton imported into England other than American cotton was 2 milion bales and over, showin in 4 years the amount of that cotton was ouble.
Mr. DODGE. It strikes me the subject before the House to night has a wider ran O than has been given to it in this debate. Whfie we are looking at the income to be derived from cotton alone, we must not forget cotton is the basis upon which our importations are to he made in the future, and on any provision we make for the payment of the public debt we look to the duties on imports. We cannot have large importations unless we have some large article to export. There is nothing more important, to my mind, than that our country should sin as soon as possible the position we held in ui opean markets previous to the war We must not forget during these 5years mos“; gigantic efforts have been made to reduce cot ton in India; that where they prouced cottor. at a great disadvantage on account of the distance and cost of transportation, now, by means of railroads built by English capital, they are producing immense amounts of cotton. It strikes me, as a matter of importance to the U.S., we should, as soon as possible, return to our normal condition, and raise not only 2500,000 but 5 million bales of cotton. When we do that the price of cotton cannot be sustained above 12 and a half cents perpound.
Mr. MORRILL. I ask whether the Gentleman does not know that they have raised cotton so extensively in India as to produce a famine because of the non-production of food, and that an order has also been issued by the Pacha of Egypt by which the land devoted to the culture of cotton will be largcly restricted in amount for the same reasons.
Mr. DODGE. That was very natural. It; arose from the high price of cotton and the immense stimulus given to its production. All that will be exported; they will not raise so much as to starve hereafler. We are to meet a tremendous competition from India, such as we have not met before; and I apprehend no act can be passed by this Congress which will give enlis capitalists more than the imposition of this tax.
Mr. BOUTWELL. I withdraw my amendment to the amendment. The question recurred on
Mr. Ursous amendment; and being put, the said amendment was disagreed to. The 2nd section was then read, as follows: SEC. 2 and be“ Abife: That the aforesaid tax upon cotton shall be levied by the assessor the reducer, owner or holder on thereof and said tax 9 all be aid to the collector of internalrevenue within and or the collection district in which said cotton shall have been produced and before the some shall have been removed the re from . except where otherwise provided in this act; and every collector to whomany tax upon cottonshall be {rid shall mark the bales or other packages upon which the tax shall have beenpaid.in such mannerns may clearly indicate the payment thereof, and shall give to the owner or other person having chargeof such cotton a crniit for the removal of the same.stating therein tic amount and payment of the tar. the time and place of payment and the weight and marks upon the bnlesand packages, so that this same may be fully identified: and it shall be the duty of every such collector to keep clear and sufficient recordsof all such cotton inspected or marked, and of all marks and identifications thereof and of all permits for the removal of the same and of all his transactions relating thereto;andho shallmake full returns thereof. monthly, to the ComrIntRev. No amendments were offered. The 3rd section was read, as follows: 880. 3. Abife: That the ComrIntRev is hereby authorized to designateone or more placesin each collection district where an assessoror an asst assessorand a collector or deputy collector shall be located and where cotton may be brought for the purpose of cimr weighed and appropriately innrkt d: Irovidvd. That. it shall be lawful for the IL1$CS OTOTZl$SalsSsNeHssltor and the collector or deputy collector to assess and cause to be proserly marked the cotton whereverit may he in sat district their necessary tr iveling expensesto and from said designatedplace.hir that purpose. being paid by the owners thereof.
Mr. SHELLABARGER. I move to amend that section by striking out in the 7th line the words “lawful for” and inserting in lieu thereof the words “the duty of.” Also, by inserting at the commencement of the 10th line the word “provided, ” and also by striking out in the 11thline the word “being, ” and inserting “be” in lieu thereof; so that it will read: That the ComrIntRev is hereby authorized to designatpone or more placesin each collection distriotwheroan assessoror an asst assessorand a collector or deputy collector shall be located and where cotton may bebrought tor the arposeof beingweighedand appropriately marked: rovitled, That it shall be the dutyof the assessoror asst assessorand the collector or deputy collector to assessand causeto be properly marked the cotton whereverit may bein saiddistrict: Promdegi Their necessarytraveling expensesto and from said designated place. for that purpose, be paid by the owners thereof.
Mr. MORRILL. I have no objection to that amendment. The amendment was agreed to. The 4th section was then read, as follows: SEO. 4 and by Abife:. That all cotton having been weighed and markedashereln provided and for which permit! shall have beenduly obtained of the pssessor, may be removed from the district in which it has beenproducedto anyone other district. without prepayment of the tnx duothereon, upon the execution O such transportation bonds or other security. nud in accordance with such regulations as shall be preseribed b the ComrIntRev subjectto the approval of the SecyTreasury. The said cotton so removed shal be delivered to the collector of internalrevenue or his deputy forthwith upon its arrival at its point of destination and shall remain subjectto his control until the taxes thereon shall have been paid; but nothinl herein contained shall authorize any delay of the nymentof said taxes for more than 90 daysfrom hedate of the permits" and when cotton shall have been weighed and marked for which a permit shall have been granted Without prepayment of the tax. it shall bathe, duty of the assessor grunting eachpermit to give immediate notice of such permit to the collector of internalrevenuefor the distriot to which and cotton is to be transported and he shall also transmit therewith a statement of the taxes due thereon and of the bonds or other securities for the paymentthereof and he shall make full returns and statements of the someto the ComrIntRev.
Mr. KASSON. It strikes me that there is an omission in that section to which I desire to call the attention of the chairman of the Committee of We s and Means. It provides that the cotton shall remain under the control of the collector or his deputy until “ the taxes thereon shall have been paid, ” but. says nothing of the necessary charges of its custody. move to insert after the word “thereon, ” in the 13th line, the words “or any neces sa charges of custody thereof.” he amendment was agreed to.
Mr. KASSON. I now move to strike out the word “one” where it occurs in the 5th line, so that the section will read: That all cotton having beenweighed and marked asherein provided and or which permits shall have beenduly obtain of the assessor.may be removed from the district in which it has been producedto any other district. without prepayment of the tax due thereon. fire. I would inquire if it was the intention of the ComWays&Means not. to allow more than one removal.
Mr. MORRILL. The design of the committee was to allow the cotton to be moved from the place of production without pre payment. of the tax to the ort of destination, whether it be Savannah, IJeW York, or Boston.
Mr. KASSON. Let me say that an imor tant question is involved in this matter. this of very great importance, when you levy a tax upon the raw material before it gets into consumption, that ou allow the utmost freedom of transit and ing of hands, so that the tax may be collected as near the point of consumption as possible. This was the principle settled by the former ComWays&Means on questions of this kind; and I am very desirous that the chairman of the ComWays&Mcans shall consent to such liberty in the trims actions of commerce as would be involved in the authority to make any number of chances of location under the security of bonds and, under regulations to be prescribed by the SecyTreasury. his is a very heavy tax, and it is going to be very inconvenient to commerce unless you, as far as possible, emancipate commerce from unnecessary restrictions; and us the cotton cannot be removed from the district until a permit is given, let there be free transit from one point to another in the district.
Mr. MORRILL. I think if the gentleman will read the Section he will see that the party may move the cotton to any other district upon giving the properbonds or other security.
Mr. KASSON. There may be oneremoval. I want more than that. The amendment was disagreed to. Section 5 was then read, as follows: SEC.5 and be“ Abife: That it shall be unlawful from and alter the 1st day of September. 1866.for the owner. master. supercarzo. agent or other personhaving charge of any vessel or for any railroad company or other transportation company or for any common carrier or other person.to conI vey or attempt to convey, or transport any cotton the Growth or produce of the U.S. toany point out of the district in which it shall have been moduced. unlesseachbale or package thereof shall have attached to or accompanying it the proper mark or evidence of the payment of the revenue tax and a.permit of the collector for such removal or the pennit of the assessor.as hereinbefore provided. under regulationsof the Commissionero internalrevenue. subject.to the approval of the SecyTreasury and any person or persons who lhall Violate the provisions of this act in this respect shall be liable to a penalty of $100for each halo of cotton so conve or transported or attemptedto be conveyedor transported or to imprisonment for not morethan oneyear or both: and all vessels and Vehiclcs employedin such conveyanceor transportationshall be liable to seilure and forfeiture by proceedings in.any court of the U.S. haying competent Jurisdiction and all cotton so shipped or attempted to be shipped or transported beyond the collection district in which it was produced Without payment of the tax or the execution of such transportation bonds and other security. as provided in t ll act shall be forfeited to the U.S. States, and the proceedsthereof distributed according to the statutein like casesprovided.
Mr. HOOPER, of Massachusetts. to amend this section by strikin out after the words “ U.S., wheret ey 1st occur, the words “to any point outof, " and inserting the words “from any point in, ” so that that portion of the section Will read, “transport any cotton, the growth or produce. of the U.S., from any point in the district in which it shall have been produced, ” and I also move to amend by inserting after the words “subject to the approval of the SecyTreasury, " the followmg: Nor to convey or transport any cotton from any State, in which cotton is produced.to any port or place within the U.S. Without a certificate mm the collector of internalrevenueof the district from which it.was brought, and such other evidence as the SecyTreasury may prescribe. that the tax has beenpaid thereon and such certificate and evidenceas aforesaid shall be furnished to the collector of the district. to which it is transported and his permit obtained beforelandinz. discharging or delivering such cotton at the place to which itul transported as aforesaid. As the section now stands, without this amendment, no railroad company, or common carrier, or any party could transport cotton in any part of the U.S. without having a permit from the collector of the district from which the cotton is taken, to make the transportation. We have provided in the previous sections for the tax on the cotton being paid befOre it is ship ped from the State where the cotton is proneed. When that shipment is made, this amendment proses that evidence shall be had that the tax has been duly paid before the shipment was made. My object is that when the cotton arrives at NewYork, or Boston, or Cincinnati, the transportation of it shall be free like that of any other article; that the railroad that conveys it shall not be responsible I move for the fact that the tax has not been paid upon it. I believe this amendment has the sanction of the ComWays&Means.
Mr. MORRILL. I am not quite sure thatI fully understand the amendment of the Gentfrom Massachusetts, [Mr. Hooritn] I will ask the gentleman if his amendment will cut olf the right of transporting cotton in bond from one ort to another.
Mr. HOOPER, of Massachusetts. There has been no power given by the previous sections to transport from one port to another. The power given in section 4 is to transport from the district where the cotton is produced to anyone other district meaning to cover the district. from whence the cotton is shipped. For instance cotton produced anywhere in Alabama or Louisiana maybe sent from the district where it is produce to the port of NewOrleans, from which it is usually shipped, and the tax on the cotton can be pai at NewOrleans.
Mr. WILSON, of Iowa. I would inquire of the gentleman if the latter part of section 5 does not provide that this transportation may be in bond. The amendment which the Gentleman proposes requires the tax to be aid before any person can transport cotton from the district. 1Mr. HOOPER, of Massachusetts. the district where it is produced.
Mr. WILSON, of Iowa. Yes, sir; from the district where it is produced. I understand that under the 4th section cotton raised in Tennessee may be transported to Charleston, SCarolina, in bond, and the tax there paid. But. under the amendment of the Gentfrom Massachusetts [Ma Hoorua] the tax must be aid before the shipment is made.
Mr. HOOPER, of Massachusetts. I be the gentlemans pardon. The amendment a ows the shipment to be made from Tennessee to Charleston. But it is confined to one district, the district of Charleston. There the duty must be paid. When it is shied from Charles ton to go to the North, to NewYork for exam lo, a permit or certificate from the collector at harleston must be obtained, and shown to the collector at NewYork to satisfy him that the tax on this cotton had been aid. when it was shipped from Charleston. hen the collector at NewYork gives his permit to land it, and after that it is free to be transported any where. without imposing upon the railroad, the wagons, or the vessel the trouble of ascertaining that the tax has been paid.
Mr. KASSON. Let me ask the Gentfrom Massachusetts whether it will not boneces sury in that case to make revision for properly stamping or certifying the bale as free. e have these other provisions requiring that it shall be verified as liable to tax; and now the gentleman proposes that at a certain time it shall be discharged from that liability. But in the same market there will be other bales which will be liable to tax; and how will the discrimination be made after the cotton once leaves the shi?
Mr. fiOOPER, of Massachusetts. In reply From Mr. to that question, I be to call the gentlemans attention to the fact that all the cotton has to be ins acted and marked when the tax is paid, or be ore it is aid. My object is to provide for what actual y occurs, that in handling these bales in the course of the different shipments these marks become erased. What I reose is that after the cotton arrives at NewYork or elsewhere in the North, it shall be assumed that the tax has been paid although the cotton may not have these marks upon it. I am told that now, by the regulation, every bale of cotton must have attached to it a tag showing that the tax has been paid. But in point of fact those tags get destroyed in the course of the handling and shipment of the article. If you should examine the cotton in the factories of NewEngland you would find that 9 bales out of ten were without tags, or any other evidence that the tax had been paid. Under the bill, as it read Without. the amendment which I offer, it would be impossible for any railroad company to take the responsibilitv of transportin abale of cotton., Mr. MORRILL. thin is right. The amendment was agreed to.
Mr. MORRILL. I move to amend by striking out the word “and” in the 27th line of the 5th section, and inserting in lieu thereof the word “or.” The amendment was agreed to. The next section was read, as follows: SEC.6. Abife:.That upon articles manufactured exclusively from cotton. when exported, there shall be allowed as adrawbaek an amount equal to the internal tax which shall have been assessedand paid upon such articles in their finished condition and in addition theretoa draw back or allowanceof as many centsperound upon the pound of cotton cloth, yarn, or otier articles manufactured exclusively from cottonand exiorted. as shall have been assessedand paid in the form of an internal tax upon the raw cotton enterin into the manufacture of said cloth or other artic e. the amount of such allowanceor drawback to he ascertained in such manner as may by prescribedby the ComrIntRev under the direction of the SecyTreasury; and so much of section 171 of the act the amendment of June 30.1864.to provide internalrevenueto support the Government. to pay interest on the public debt and for other purpOse s.as now provides for a drawback on manufactured cotton, is hereby repealed.
Mr. LYNCH. I move to amend by striking out, in the 2nd line of this section, the words “when exorted;” and also the words “and exorted, 7 in the 8th line. Mr. Chairman, as has been said by one gentleman, a member of the Committee ofWays&Means, the consumer of the cotton goods must finally pay this tax as provided by the bill. The effect of my amendment will be to relieve the consumer from this tax, and place it only upon such portions of the crop as is exported. It will accom lisli what the Gentfrom Pennsylvania [Mr. STEiizss] seeks to accomplish by a constitutional amendment, the success of which is, I think, very doubtful. This bill is presented as one designed to reduce the taxes of the people; yet it is proposed to put a tax of 5 cents perpoun on cotton goods, which are consumed mainly by the poorer classes of the people. The wealthy people use silks, linens, &c., while the poor use more of the cotton goods. If this amendment be adopted, the consumers of cotton goods in this country will be relieved of the tax, while it will be placed on the exported cotton. I presume this will satisfy those persons who go for an export tax upon cotton, and also that class of gentlemen here who are in favor of reducing the tax; for it will reduce the tax to just the amount of the drawback upon the amount manufactured in the U.S. You raise revenue simply on the amount exported. As to the amount consumed in this country, the tax upon it would be paid finally by the consumer here.
Mr. MUORHEAD. The gentlemans proposition would amount to a tax on exports.
Mr. MOORHEAD. Can you do that constitutionally?
Mr. LYNCH. I suppose no one will doubt the constitutional power to collect the tax in the 1st place; and I think there can be no doubt that the Government has the right to remit this tax by way of drawback. It seems to me we ought not to put this heavy tax upon the poorer class of the community, while we are reducing the taxes generally in this bill.
Mr. MORRILL. I am somewhat surprised at the motion of the Gentfrom It nine. Although he has always said he was in favor of the tax, yet in his motion he is in favor of refundin the tax we are proposing to levy.
Mr. LYNCH. I will say that I intended to prepose on increased tax of ten cents pergound, and then to have given this drawback. at I did not get an opportunity to offer that amendment.
Mr. MORRILL. The gentleman not having had an opportunity to offer that will see that he ought not to have offered this. Of course we understand on whateverwe consume or manufacture of this cotton we pay a tax; but the object is to get not onlya tax upon that used by ourselves, but on what is consumed and purchased by others. There is another objection. We have been desirous to avoid all constitutional scruples as to levying this tax. If we levy it upon our own people they have to pay the precise tax paid by those abroad. We obviate all objection on the ground that this is an export duty in disguise.
Mr. HARDING, of Illinois. I move to make the drawback 6 cents.
Mr. PAINE. I rise to ask the Gentfrom Vermont [Mr. MORRILL] a singlequestion. He state that he was in favor of imosing a tax on cotton manufactured in the U.S and consumed in the U.S. so that a tax might also be imposed upon cotton exorted to foreign countries.
The CHAIRMAN. Debate is exhausted on this amendment.
Mr. HARDING, of Illinois. I withdraw it.
Mr. STEVENS. I move to strike out the word “exported.” I believe it is there some where. I agree with the Gentfrom Maine [Mr. LYNCH] if you could fairly reach what he is at; that is, if he would make it ten cents, and then withdraw the home duty so as to leave it on the exported article, it would come to just what I propose in my constitutional amendment which I sent to the committeethe other day. I think there never was a grander time in the world for the manufacturing of all the cotton for the world wherever civilized man exists. An export duty often cents on cotton would give to your home manufactures the markets of the world. That is the true way to protect home industry and to wrest from foreigners a revenue which shall pay off your national debt. That is what ought to be done. I suggest to the Gentfrom Maine [Mr. LYNctig] that I won d go for an amendment of ten cents provided it was not liable to the objection as a gentleman here suggests, of chasing the old fellow around the stump; for it is whipping the devil around the stump there is no mistake. [Laughter]
Mr. LYNCH. No matter, if you can only hit him. [Laughter]
Mr. STEVENS. Now, as to the effect which the Gentfrom Illinois [Mr. Haanisog speaks of, I should be glad if this measure did have that effect, if it did induce our erple to manufacture ever dollars worth of the cotton we raise, and sea itabroad in a manufactured shape. I should be glad if our institutions and laws were so framed that in Illinois there would be 100s of 1,000s of spindles; that the engines which in Europe do the work of 20 million men should be planted all over this country to do the work here, so as to increase still further the necessity for laboring men and augment. their wages. My friendfrom Wisconsin [Mr. PAINE] says that he wants to see the provision so fixed as to favor the poor men who are clothed in cot ton. Who makes the cotton? Who manufactures it? Is it not the poor man? Why not so arrange it that you can raise his wages? You can do it by increasing the manufacturing interests of this country. When you have done that, when you have given the laborer his wages, he can afford to pay for what he consumes, and when you have done that you will double the price of the products of Wisconsin and Illinois; you will have a market at home for your products and not have to send them abroad to feed the laborer of Europe. But I do not despair of seeing the constitutional amendment allowing an export duty on cotton passed before the close of the session; if my friendfrom Iowa [.Mr. WILSON] will only report it back, I am sure we shall pass it, and that the country will approve it, and then our country will become the great hive of manufacturing industry for all the civilized nations of the world this side of the Indies. Here the hammer fell.]
Mr. GRISWOLD. The main object, Isuppose, of the bill under consideration is the raising of revenue, and I presume it will be conceded by all that the more generally you can distribute the tax the less onerous it is. Now, I desire, for the information of the gentlemen who have made use of the argument that this tax will oppress the poor of the countrythat the Clerk will read from the report of the revenue commission the extract I have marked showing the bearing of this tax on cotton.
The Clerk read as follows: “The above proposed rate of taxation on cotton, it is believed, will not prove in any dezrcc detrimental to any national interest, and will yield a revenuc.at 22 dollars perhalo, of "”, (X)U.0(X) for every million bales produced and sol for consumption. With a crop of 3 million bales and a tax of 5 centsperpound, the Governmentmight derive an annua revenue of $60“, (X)U.0tlo)r; of $s8.t)tll.O0o0n a crop of 4 million bales. which would be lessthan the cm of]&59 60. Of this sum iftho consumptionof the U.S shall reach, in either of theseyears, the consumption of ISGO the inhabitants of the U.S. would pay about 21 million dollars; and it is believed that there are fewtaxes which can be levied which would be soslight a burdento the consumer. The consumption of cotton perhead in the U.S. at. the highestpointeverattainedto, has not oxccede tl 12 pounds. A tax of 5 centsperpound would there foro be an average of about 60 cents to each individual perannum. (See Special Report No. 3.2 As the crop of the present your, in the opinion of competent persons consulted by the commission, is not likely to be less than 2 million bales and if good seed can be obtained may exceed this figure. the commissionare of the opinion that the Government may safely rely for the fiscal year ending June 30.1937 upon a revenue from this source of at least $4"tl, tunl.000. With an increaseof the crop, in subsequentyears, beyond 2 million bales perannum, accompanied by a consequent reduction of the market price of the same, a corresponding reduction of the proposed rats of tax may probably be found expedient: but. in any event, the commission believe that for the future an average revenue from cottonof at least $50,000, 00moay undoubtedly berelied upon."
Mr. ALLISON. I move to strike out this entire section.
The CHAIRMAN. That motion is not ger mane to the amendment of the Gentfrom Maine, [Mr. Lvxcu] which is pending, to strike out the words “when exported” and also the words “and exported.”
Mr. RAYMOND. Is debate exhausted on the ending amendment? the CHAIRMAN. It is.
Mr. MORRILL. Before the amendment of the Gentfrom NewYork [Mr. Rsvuoun] is withdrawn, I desire to say a few words. The debate has wandered widel from the proposition of the Gentfrom h nine, Mr. YNCH.] But it may be as well to confess that upon this section rests the whole question in relation to the imposition of a reductive tax upon cotton. So far at least as Ipam concerned it certainly does. I shall not be in favor of the tax if we so hamperit as to secure all the trade in cot ton manufactures now and forever to British looms and spindles. The question arises here, and it is suggested by the Gentfrom Illinois, [Mr. IARD no] that we are made to pay more for our cotton goods at home, in consequence of allowing thisdrawback upon manufactures exported. Now, with all respect for that gentleman, I do not conceive that to be the fact of the case.
Mr. UPSON. Will the Gentfrom Vermont [Mr. Mountl.i.] allow me to ask him a question?
Mr. PAINE. I rise for the purpose of asking the Gentfrom Vermont if he can inform us how large a proortion of the cotton crop is manufactured in the U.S., in order that the House may judge how large a proportion of the internalrevenue of the U.S. would be lost if a drawback be allowed.
Mr. MORRILL. From one quarter to 1/3rd perhaps not more than one 5th usually of the cotton crop is used in America, and not more than 1/10th of that is manufactured by us for exort. The amount is very trifling.
Mr. RAYMOND, by unanimous consent, withdrew his amendment. The question recurred on
Mr. LYNCHS amendment and it was disagreed to.
Mr. BLAINE. What is the average duty on manufactured cotton goods abroad I
Mr. BLAINE. Do I understand the Gentleman to say that with an average duty of 28%. abroad and an excise duty of 5%, American manufactures can comete with foreign manufactures?
Mr. ALLISON. That is not my statement. My statement is only the testimony of Mr. Atkinson, a distinguished manufacturer of Bos ton, who said to the ComWays&Means that the manufactures of cotton could comete in the future in the finest articles.
Mr. BLAINE. Of course that gentleman must have meant that with the existing rate of duties, both external and internal, we could compete. He could not have meant anything else than that. I admit that. If we need an import duty of 28%. to enable us to compete here, to eace us on a level at home, it is a simple absurdity our competing with any foreign market. herefore, unless we give to the American manufacturers the advantages we propose in this section, we just simply give up all idea, we surrender here and new all pretense of competing anywhere except on our own soil.
Mr. WILSON, of Iowa. I would ask the gentleman whether cotton manufacturers at the present time are not able to compete with foreign manufacturers in a great many articles.
Mr. BLAINE. I do not pretend to say but they do.
Mr. MORRILL. I will state that for the last 2 or 3 months our manufacturers have been doing a losing business, and many have stopped.
Mr. BLAINE. I do not hesitate to say that it is a perfect absurdity to attemptin this country to compete with these manu actures, for we have demonstrated over and over again that with from 25 to 40%. before our excise taxes were put on, we could not compete with them. Therefore, to take the ground of the Gentfrom Iowa, [Mr. ALLISON] and strike that drawback section out, is simply iving up all and surrendering to British and other foreign manufacturers. That must be the inevitable result. hrHere the hammer fell.]. RANDALL, of Pennsylvania. I move that the committee rise for the purpose of adjourning.
Mr. MORRILL. Dispose of this section rst.
Mr. RANDALL, of Pennsylvania. If fhe vote can be taken now, I will withdraw it. The guestion being taken on the amendment.
Mr. ALLisoN to strike out section 6, no quorum voted. Tellers were ordered; and the Chairman appointed Messrs. RANDALL of Pennsylvania, an KUYKENDALL. T he committee divided; and the tellers reported ayes 14, noes 56; no quorum voting. Mr. ANCONA. I raise the point of order that there being no quorum presentitis neces ary that the roll shall be called.
Mr. MORRILL. I rect that the gentleman makes that point, him if he insists of course we shall have to adjourn. I was in hopes we should sit until ten oclock each night.
Mr. ANCONA. I will withdraw the point of orderif the gentleman will movean adjournment at ten oclock.
Mr. MORRILL. I will as soon as we take the question on striking out this section. I think the House is ready to vote on it.
Mr. ANCONA. I will withdraw it with the understanding that the committee rise.
Mr. RANDALL, of Pennsylvania. This is a very important question and we ought to have a quorum.
Skip Skip The question being again taken on striking out the section, there were ayes 20, noes 60; no quorum voting. Tellers were ordered; and Messrs. PRRHAI and ELDRIDGE were appointed. The committee divided; and the tellers reported ayes 28, noes 65. 1 So the motion to strike out the section was disagreed to. The Clerk commenced to read the 7th section.
Mr. MORRILL moved that the committee rise. The motion was agreed to. So the committee rose; and the Speaker having resumed the chair, Mr. Dswss reported that the ComWhole on the state of the Union had had under consideration the special order, being bill of the House No.513, 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 ereof, and had come to no conclusion thereon and then, on motion of
Mr. WINDOM, (at ten oclock p. m.) the House udiourned.
@@@IN SENATE SENATE. Wsonusnsr, May 9, 1866. Prayer by the Chaplain, Rev. E. H. Gun. The Journal of yesterday was read and approved.
Mr. STEWART, it was Ordered, That John Graham have leave to with draw his petition and other papers from the files of the Senate. REPORTS OF COMMITTEES.
Mr. LANE, of Indiana, from the ComPensions, to whom was referred the petition of Enos Kelley, of Napoli, Cattorau gus county, NewYork, setting forth that he has not a dollars worth of property in the world, and that of 7 sons who entered the service of the U.S. at the outbreak of the rebellion, he lost 3, and praying that he may be granted a pension, asked to be discharged from its further consideration, and that it be referred to the ComMilAffrs ; which was agreed to.
Mr. WADE, from the ComDistCol, to. whom was referred a bill (S.No.289) to provide for the probate of and or the recording of wills of real estate situated in the DistCol, and for other purposes, reported adversely thereon. He also, from the some committee, to whom was referred a bill (H.R.No. 482) to incor orate the Howard Institute and Home of the DistCol, reported it withoutainendment.
Mr. LANE, of Kansas, from the ComPensions, to whom was referred the etition of Mrs. Sarah J. Purcell, praying 3dr a pension, submitted a report, accompanied by a ill, (S.No.814) for the relief of Sarah J. purcell. The bill was read and passed to a 2nd reading, and the report was ordered to be printc.
Mr. CLARK, from the ComJudiciary, to whom was referred the petition of George W. Martin, praying for an investigation of an alteration which he alleges to have been made in the executive record of the senate, whereb the confirmation of his nomination as a military storekeeper in the Army was not communicated to the resident, in consequence of which he failed to receive his commission, submitted a report thereon, accompanied by the following resolution: Resolved, That immediatelyupon the closeof each session of Congress, thp SecyS shall make a list of all nominationsnot act upon by the Senate, and after having madea recor thereof, shall transmit the sameto the President. The report was ordered to be printed.
Mr. GRIMES, from the ComNavAffrs, to whom was referred a JtResolution (H.R.N o. 130) to can into immediate effect the bill to provide for better organization of the pay Dept of the Navy;re orted it with an amendment.
Mr. WILLEY, from the ComDistCol, to whom was referred a bill (S.No.296 repealing the 34thsection of the docion of rights of the State of maryland so far as the same has been recognize or adopted in the DistCol, reported it without amendment.
Mr. EDMUNDS, from the ComPensions, to whom was referred a bill (S.No.72) for the relief of Ruth Ellen Grelaud, widow of John H. Grelaud, deceased, submitted an adverse report thereon; which was ordered to be printed.
Mr. MORRILL, from the ComDistCol, to whom was referred a bill (S.No.97) in addition to the several sets for establishing the tempore. y and permanent seat of government of the U.S., and toresiime the legislative powers delegated to the cities of Was ington and Georgetown and the levy court in the DistCol, reported it with amendments. He also, from the same committee, to whom was referred a bill (S.No.266) to protect the manufacturers of mineral waters in the DistCol, and for other purposes, reported it with amendments. e also, from the same committee, to whom was referred a bill (H.R.No. 510) to incorporate the Academy of Music of Washington city, reported it with an amendment.
Mr. MORRILL. The same committee, to whom was referred a hill (S.No.305) to amend an not entitled “An act concerning notaries public in the DistCol, ” approved April 8, 1864, have instructed me to report that legislation on the subject is inexpedient. I move that the bill be indefinitely postponed. The motion was agreed to. BILLS INTRODUCED.
Mr. DOOIiIlTIrE. I have received aletter from the SecyInterior, relating to the Sioux Indians, accompanied by a bill. I aSkleave without previous notice to introduce the bill that it maybe read twice, referred to the Committee on ndian Affairs, and printed. There being no objection, leave was granted to introduce a bill (S.No.312) to restore to certain bands of Sioux Indians the balance of certain annuities heretofore confiscated; which was read twice by its title, referred to the ComIndAffrs, and ordered to be printed.
Mr. CHANDLER asked, and by unanimous consent obtained, leave to introduce a hill (S.No.313) to regulate the transportation of nitroglycerinc, or lynoin oil; which was read twice gy its title, reerred to the ComCommerce, and ordered to be
Mr. HENDERSON as1perdin, teadn.d by unanimous consent obtained, leave to introduce a bill (S.No.815) to regulate appointments to and removals from otfiee; which was read twice by Mr. SUMNER. I should like to have that bill read at length, if there be no objection. SeverulSi imrons. Oh, no: letitbe printed.
Mr. SUMNER; As the subject is under discussion before the Senate now, I should really like to have it read.
Mr. SHERMAN. it is very unusual to read bills at length when they are introduced. I ask that it be printed.
The PRESIDENT protempers. The order to print will be entere, if there be no objection. Mr. EDMUNDS asked, and by unanimous consent obtained, leave to introduce a hill (3. No. 816) to establish a post route from West. Albnrg, Vermont, to Champlain, in the State its title. back without amendment, and recommend its terms. District by express terms.:States they expect to get acts of incorporation (within a State. Union corporations are incorporated by a of NewYorknmd for other purposes; which was read twice by its title, and referred to the ComCommerce. NATIONAL THEOLOGICAL I NSTITUTE.
Mr. WADE. I am directed by the ComDistCol, to whom was referred the bill (H.R.No. 352)to incorporate the National Theological Institute, to report it passage, and I am requested to ask for its im. mediate consideration. Those who have it in charge are exceedingly anxious that it should pass now on account of the great synod that is about to be held here in reference to it. If there be no objection and there can be no objection to it that I can see I ask that it be put on its passage now. There being no objection, the Senate, as in ComWhole, proceeded to consider the bill. It proposes to create and declare Abram D. Gillette, Edgar H. Gray, Edmund Turney, Zalmon Richards, Robert J. Powell, William T. Johnson, Henry Beard, Charles H. Morse, Joseph C. Lewis, John S. Poler, David Rees, D. W. anderson, Daniel C. Eddy, Leo nard A. Grimes, Justice D. Fulton, William
Mr. Williams Isaac Westcott, Howard Malconi, Joseph Kennard, Newton Brown, T. Dwight Miller, and all persons who shall or maybe associated with them, and their successors, a bod corporate and politic, in deed and in law, by the name of “ the National Theological In stitnte, " with the usual powers of a corporation. The object and purpose of this corporation is to be for the education of persons for the Christian ministry, and those associated with them as assts, in such course of theological and general stndies as maybe deemed proper for that purpose; but no person is to be excluded from the advantages of education afforded by the institute on account of theological belief.
Mr. PONIEROY. I simply want to inquire of the Senator reportin the bill whether this is a corporation confine to this District by its
Mr. POMEROY. I listened to the reading of the bill, and I thought that by its terms it was not confined to the District. It simply says that they may have a right to do anything not inconsistent with the laws of" the District; but ifI heard it aright, it is not confined to the
Mr. WADE. Their principal place ofbusiness is here, and if they do business in other for it.
Mr. SHERMAN. I do not like, even by implication, to assent to the proposition that the Congress of the U.S. cannot do as much in this District as any State may do
Mr. SHERMAN. In every State of the general law, and they go all over the U.S. fates and have the rights of persons. So far as this bill is concerned I do not raise the oint, but I do not for a moment admit, even y implication, that Congress ought. to surrender the power that we have in this District, to make corporations with the power of corporations all over the U.S.A or Europe, Asia, or wherever they may choose to go.
Mr. WADE. There is nothing unusual in this corporation. It is a mere ordinary church corporation for the establishment of a theo logical institute, and has nothing in it that does not relate to that particular thing. It locates it in the District, and that is all there is about it. Where they will do business, I do not know, and I do not care.
Mr. POMEROY. I hope the Senator will not consider that I was objectin to the bill. I only thought that if he intends to confine it to the District, he ought to say so in the bill itself. I do not object to it.
Skip Skip The bill was ordered to a 3rd reading, read the 3rd time, and passed.
Skip Skip MESSAGE FROM THIii HOUSE. Amessage from the HoRep, by Mr. Mclnnasos, its Clerk, announced that the HoRep had passed the following bills, in which it requested the concurrence of the Senate: A bill (H.R.No. 567) to amend an act to establish the grade of vice admiral in the U.S. Na; and A bill (H. No. 568) to repeal section 23 of chapter 79 of the acts of the 3rd session of the 37th Congress relating to passports. ENROLLED BILL SIGNED. The message also announced thatthe Speaker of the HoRep had signed an enrolled JtResolution (H.R.No. 137) to provide for the exemption of crude petro ldum from internal tax or duty, and for other purposes; and it was thereupdn signed by the resident protempore of the Senate. COMMANDER CHARLES HUNTER.
Mr. GRIMES. I am instructed by the comNavAffrs, to whom was referred the bill (S.No.307) authorizing the restoration of Commander Charles Hunter to the Navy of the U.S., to report it back with an amendment.
Mr. ANTHONY. I hope the Senator will ask for the present consideration of that bill. There will be no objection to it.
Mr. GRIMES. I ask the Senate now to proceed with its consideration. By unanimouse consent, the bill was considered as in ComWhole. The amendment of the ComNavAffrs was to strike out all after the enacting clause and insert the following: That the POTUS be, and he is hereby.authorized to restoreCharles Hunter, late a commanderin the Navy, to the position which he held on the retired list of the Navy when dismissed therefrom.
Mr. GRIMES. I will state that at the out break of the rebellion, Commander Charles Hunter was an officer of the Navy on the retired list. He was appointed to the command of a vessel which was emplOyedin keeping up the blockade. In the discharge of his duties he pursued a blockade runner, and ran her ashore upon the coast of Cuba, and destroyed her while he was within a marine league of the shore. The Spanish Government took umbrage at that action of an officer of this Government, and, in obedience to their demand upon this Government, he was dismissed from the service. It is now deemed properby the Administration that he should be restored to his former position; and it is but justice to Captain Hunter that I should send to the table, to be read by the SecyS, a letter from the SecyState, and also one from the SecyNavy, upon this subject.
The Secretary read the following letters: NAVY DEPT, WASHINGTON, May 5. 1866. S13: I have the honor to proposefor the consideration of the Senate ComNavAffrs it resolution authorizing the president to restore Charles Ilunter to the position which he held on the retiredlist of the Navy. The inclosed copy of a letter from the honorable SecyState explains the circumstancesunder which it was deemed proper to remove Commander Hunter from the public service. As no other reason than one of“ public policy” required his separation from the service, an no such reasonnow forbids his reinstatement. it would seem but just. by restoring him to the Navy, to remove any undeservedstilma which his dismissal might attach to him. I am, very respectfully.your obedientservant, GIDEON WELLES. SecyNavy. Hon. 1} W. Games. Chairman ComNavAffrs. U.S.:Senale. DEPT OF STATE. WASHINGTON, 111311111866. 6. Sm: In the opinion of this Dept, no reason of public policy now cXistSng uinrlt the restoration of Commander Charles Ilunter to the position in the Navy of the U.S. which he ll(ltlwhen he was cashiered pursuapt to a complaint oi the Spun ish Government for Violating its terntonal yunsdic lltion by chasing ashore on the island of Cuba the insurgent steamerGeneral Rusk alias Blanche. I have the honor to be sinfiour OIJNHLYH servant, ivn. IAM ILSEWARD. Hon. GIDEON WELLES, SecyNavy. The amendment was agreed to.
Skip Skip The bill was orderengross for a 3rd reading, was read the 3rd time and passed. SMITHBONIAN REPORT.
Mr. ANTHONY. The ComPrint in, to whom was referred the resolution for printingextra copies of the Report of the Smith sonian Institution. have instructed me to report it back with an amendment, by way of substitute, and to ask for its present consideration. By unanimous consent, the Senate proceeded to consider the resolution; and the amendment reported by the committee was agreed to; so as to make the resolution read as follows: Resolved, That 5,000 additional copiesof the report of the Board of Regentsof the Smith soninn iistitniion for theycar ending30(hJune. 1865, be printed; 2000for the useof the Smith sonian Institution and 3000for the useof the Senate: Prov ided.T hat the ugzrcgatenumberof pagese ontained in said report shall not exceed 450 pages.Without wood cutsor platt! Except those furnished by the Institution.
Mr. POMEROY. I should like to inquire of the Senfrom RhdIsland if he can give any assurance to the Senate about the time we shall get this Report in printed form. I make this inquiry because about 3 months ago, on his motion, we voted for printing a large edition of Banerofts oration, and we have not yet got them. I have no objection to voting this order if we can be assured that we shall have the copies during this session, or, indeed. at any time during ourlives. We voted also for printing another oration, delivered by my friendfrom Maryland, [Mr. Ciisswizi.i.] and we have not got that yet. It occurs to me that we ought not to increase this public printing if We cannot get it done.
Mr. RIDDLE. As a member of the ComPrintg, I will answer the question of my friendfrom Kansas. The difficulty in getting out the oration of Mr. Baneroft arose from the fact of the printers not having been able to get the steel plate of Mr. Lincoln to put in the book. The delay is not the fault of the printing office. That, however, does not interfere with other printing.
Mr. ANTHONY. I presume this will be printed with the usual rapidity. The pressure on the printing office has been very great during the war, but it is now in a very great der ee removed, though not entirely. Unless congress should be disposed to enlarge the facilities for the public printing, it is impossiblethat the work can all be done as rapidly as it used to be in quiet times. The Senate yesterday reduced 60%. a very large document, and I think now thatthe work which is ordered will go on as rapidly tis practicable. My friendfrom Delaware has explained the reason of the delay in printing the oration of Mr. Baneroft. They have been waiting for a steel plate of the late President. The oration delivered by my friendfrom Maryland [Mr. Cm:swn1.r.] will be out very soon. The Public Printer received only a few days ago a single order to print 3 million blanks for the internalrevenue branch of the Treasury Dept.
Mr. GRIMES. I thought they had a print in office of their own. Mr. ANTHONY. Not for such purposes as that, only for engraving.
Mr. ANTHONY. They have a little printing office there;.but this job I speak of will employ 17 presses for some time. This is the usual resolution that has been adopted every year. I The resolution was agreed to., Mr. ANTHONY, I am instwcted by the ComPrintg, to whom was referred a resolution to print 1000 copies of the eulogies delivered upon the late Hon. Solomon Foot. for.the use of his widow and family, to report it back and recommend its pas sa e. I ask for its present consideration. lliere being no objection, the Senate proceeded to consider the following resolution: ltnoloed, That 1000 extra copies of the addressesand funeral sermon delivered in the Senate on the death of Hon. Solomon Foot, a Senfrom the State of Vermont, heretoforeordered to be printed for the useof the Senate.be printed for the naepf the widow and family of the deceased. The resolution was agreed to. DEPOSLIS OF PUBLIC MONEY.
Mr. GRIMES submitted the following resolution; which was considered by unanimous consent, and agreed to: Resolved, That the ComFinance he in etructed to inquire into the expediencyof providing by law that no public moneys shall be deposited by any public Officers elsewhere than in the officeof the sub Treasurcrin any city where thereis a sub Treasury, nor elsewhere than in the Treasury of the U.S. in the city of Washinzton. saw your rosr orrien.
Mr. DIXON. I move that the Senate now proceed to the consideration of House JtResolution No. 66, in relation to the courts and postoffice in the city of NewYork.
Mr. CHANDLER. I would ask if the House JtResolution No. 116 was not. the unfinished business of yesterday at the close of the mornin hour.
Mr. CHANDLER. I now move to take up House JtResolution No. 116. The motion was agreed to; and the Senate, as in ComWhole, resumed the consideration of the JtResolution (H.R.No. 116) to prevent the introduction of the cholera into the ports of the U.S., the pending question being on the amendment reported by the ComCommerce in the nature of a substitute.
Mr. MORRILL. I should like to have the original resolution, as it came from the House, read. I believe it has not yet been read.
The Secretary read as follows: Resolved, Its" That the president be and he hereby is.authorized to make and earryinto effect such orders and regulations of quarantine as in his opinion may be deemed necessary and proper. in aid of State or municipal authorities, toguur against the introduction of the cliplera into the portsof the U.S.: and the President is further authorized to empower the military and naval coinmanders inports and places in the Statesthat haye beenor are in insurrection to enforcc such quarantine regnlations as maybe deemed necessaryfor the purpose of guarding against the introduction of cholera or yellow fever, and to provide for the proper care and treatment of patients and such an amount of ui oneays may be necessary to carry into effectthisJtResolution is hereby appropriated out of may moneyin the Treasury not at or wise appropriat.
The PRESIDENT protam ore. The moming hour having expired, it becomes the duty of the Chair to call up the unfinished business of yesterday.
Mr. CHANDLER. I hope the unfinished business will be permitted to lie over inform all. I think this will not take long. {In SHERMAN. It is very manifest that this will take time.
Mr. EDMUNDS. I will not occupy 3 minutes.
Mr. SHERMAN. I will not interrupt the Senfrom Vermont in the midst of his speech.
The PRESIDENT protam are. If there be no objection the unnished usiuess of yesterday Will be laid aside in order to proceed with the JtResolution now before the Senate. No objection being made, it is laid aside informally.
Mr. EDMUNDS. I think it was made man ifest before the ComCommerce and it is a subject so serious that I cannot regard it in the jocose light that my friendfrom Pennsylvania did esterday it was made manifest before the ComCommerce by the concurrent testimony of many doctors, who for once did not disagree, that cholera is the subject of preventive regulations; that it is capable, in a very large degree at least, of being excluded from districts, territories, and countries by the enforcement of sanitary and quarantine regulations; and a very eminent instance of that fact and a very strong proof of it is found in what we know of the history of cholera in Europe last fall. The quarantine in the Italian ports on the Mediterranean was very strictly enforced, and consequently the cholera passing from the East went by those Italian ports to the orts of France, and at last 1st reached the Italian territory by way of the railroad from Paris, having gone completely around the sea board and returned into that country from the interior, where the quarantine regulations were not enforced. Therefore it behooves us most certainly to try the experiment, and to try it upon that scale of uniformity and of severity which is commensurate with, the danger of this pestilence, which certainly is as dangerous as an pestilence or any evil can possibly be. t has appeared to me, with all deference to my friendfrom Maine, that we ought to go to the length of intrusting these large powers to the Government as we did in the case of the rinderpest which is a casein point as to the power, an to authorize the Secretaries of War and the Navy and the Treasury to put in force with uniformity and impartiality a system which willoperate for the protection of the whole country.
Mr. CHANDLER. They are placed jointly in 3 Secretaries, the SecyWar, the SecyNavy, and the SecyTreasur.
Mr. SUMYNER. I do not mean to express any decisive opinion on the question, but I mean to call the attention of the Senate to it, that it may go for what it is Worth. The language is: That it shall bethe duty of the SecyWar, with the cooperation oft O SecyNavy and the SecyTreasury, whoseconcurrent action shall be directed by the Commandor in Chicf of the y and Navy, to adopt anefficientand uniform systemof quarantine against the introduction into this country of the Asiatic cholera through its ports of entry, kc.
Mr. CHANDLER. With the permission of the Senator, I will state that all the southern cities are now guarded by U.S. soldiers, and naturally, those points being more exposed, it would come more directly under the SecyWarthan any other Secretary. The condition of things on the northern front ier is the same.
Mr. SHERMAN. I must interpose and call for the regular order of business. This debate is evident going to be much longer than was anticipated.
The PRESIDENT protampon. The unfinished business having been laid aside inform ally, is liable to be called up at any moment. postoffice APPROPRIATION BILL. The Senate resumed the consideration of the bill (H.R.No. 280) making appropriations for the service of the postoffice Dept during the fiscal year ending June 30, 1867, and for other puruses, the ending question bein on the amendment of gMr. Trumbull, to ad the following as an additional section to the bill: Snc and he il Abife: That no person exercising or performing or undertaking to exercise or perform.the duties O an o the c which bylaw is required to befilled by the edifice and consent of the Senate, shall before confirmation by the Senate receive any salary or compensation for his services, unlesssuch person be commissioned by the President to fill up a vacancy which has hap sued by death, rssl nation, or expiration of term. during the recess oft O Senate and sinceits last adjournment.
Mr. HOWE. With the leave of the Senator, I should like to correct him on one point. He does not quite do justice to the Union party of Wisconsin. He enumerates one paperthere that supports the policy of the President and of my colleague and of the Senfrom Pennsylvania. I believe there is no Union paperof that kind. There is a paperwhich was started a few weeks ago, and [suppose it is the one alluded to by the Senfrom Massachusetts, which supports the person of the President and of my colleague very actively; but I believe it has never ventured to so ort their policy. It regrets the defeat of the I the dmens bililreau bill and the defeat of the civil rights i.
Mr. Seward more than once telegraphed that the final action was in the Congress of the Unibed States; but when Congress met in December last, when it manifested its intention to investigate, to examine, to exercise its high powers, Democratic presses and politicians rained upon Congress their fiercest maledictions. But congress, cheered by the potential voice of the people, has investigated and examined, and Will, I trust, fearlessly discharge the high duties imposed upon it by the needs of the country. Let Congress promptly submit to the people a constitutional amendment not to pay the debts incurred in so port of the rebellion, notto pay for 4 and a half million slaves emancipated}: not to permit one man in the rebel States to be equal in the Electoral College and in the HoRep to 2 men in the loyal States, and to admit any rebel State when it accepts that amendment, and the people will sustain the action of the 30 Nin Congress and elect another HoRep that will adhere with unwavering fidelity to the amendment till it shall become a part of the organic law of the land. Most cheerfully would I accrapt the proposition of the Senfrom Nova a [Mr. Srswaar] for imartial suffrage and universal amnes; but if cannot secure that great mesgure justice and mercy, I will cheerfully act with friends who have preserved the unity of the Republic and achieved the freedom of a race.
Mr. COWA N. Mr. President, it may be well now to recur to the origin of this debate, for it really seems to have no relation to the subject matter at present before the Senate. I rose esterday to say to the honorable Senfrom Massachusetts [Mr. Wilson] that I thought he was in error in every way, politically as well as morally, in attempting to get up a quarrel with the POTUS, in assailing his motives, in expressing apprehensions of his future conduct, and particularly in personally attacking him for 2 appointments which hehad made. Iregretted the langu e which the Senator made use of both tower the President and toward the persons to whom I have just referred. I stated what that language was; it was not denied at that time, although there was a dubious shake of the head which might have been taken fora denial; but I reiterated it, and I reiterate it again, and I have only to ask in this connection the candor of the gentleman himself to confess that he has tonedgdown his speech, and that the “ record” to which he appeals in not a witness who has not been tampered with on this occasion.
Mr. WILSON. If the Senator will give way I will state that not a single word or line in reference to the President was touched in the report. The Senator charged that I had accused the President of betraying the party. There is no such word there, nor anything like it. I was sure of it at the time and I looked at the report and found that I was correct. If the Senator will consult the reporter he will find that he is mistaken.
Mr. COWAN. I ask the honorable Semv tor if he did not soften the charge against the marshal of western Pennsylvania recently app“ointed; whether he did not change the word enitentiary” to “prison?”
Mr. President, as I stated before, this discussion arose upon the question whether the POTUS had been true to his rty fealty. I asserted yesterday that he he been, and I defied any gentleman to put his finger n on any part or parcel of the Chicago or Ba timore platforms of 1860 and 1864 respectively, the published platforms of the party, to which he lied not adhered liter ally and distinctly, and I say that he is standing there upon them today, and I def contradiction. 10 make the matter short, have to say to the hmwrable Senator who boasts about the popularity of his wing of the party, and about the strength he has withthe people, that he durst not now avow his prinnciples, and he approached them very cavalierly even after he was oblied in this present speech to allude to them.Whut are they? Does he believe those States are in the Union or out of the Union? Are they States or are they not States? Are their people our vassals, or are they le having the same rights that we have an or the Constitution and the laws, subject to such punishments as the laws inflict upon them? s he in favor of negro suffrage, or “ imartial suffrage, ” as he callsit? Ifso, I should like to meet him in Pennsylvania where he has been talking to such multitudes upon that subject. I will promise him a good reception there, and as and some entertainment as a Pennsylvania landlord can serve for the occasion; and they are famous for having good things to eat and good places to sta at. Lot that be avowed. have no quarre with one who believes in universal negro suffrage; but announce it, avow it, put it in your platform, and let us discuss it.
Mr. COWAN. She is a sure State, but we have a much narrower plank to travel on in Pennsylvania. Our people are divided in opinion there; they do not allJgQ one way. We have halfa million voters, and I an pose that 8 or 10,000 men will turn tilie scale one way or the other.
Mr. SUMNER. We are outspoken in Massachusetts. If you adopted Massachusetts ideas perhaps you would have the same majority.
Mr. CRESWELL. Let me ask the Senator if Mr. Johnson did not advocates very general confiscation bill in some of his public speeches in Tennessee.
Mr. COWAN. I cannot tell anything about that. I was not talking about him in this connection.
Mr. CRESWELL. The gentleman vnll find that to be the case.
Mr. CRESWELL. Especially in the speech in which he accepted his nomination.
Mr. COWAN. The question is not whatMr. Johnson did 20 years ago, or 5 year ago, or 6 years ago, or at any other time; the question now is, whether he stands upon the platform of the republican or Union party, its published, declare platform before the world. suspect that if gentlemen here were to go back to their own O d records in order to catslish a character for consistency, they would not succeed very well. I do not know, indeed, how my friendfrom Maryland would succeed, for if I have been correctly informed
Mr. CRESWELL. I think I could measure it squarely and fairly with the Gentfrom Pennsylvania. on
Mr. COWAN. That may all be. I do not make the allusion for the purpose of reflecting upon the honorable Senator; but I have only to say that I found upon my table the other day what ur orted to be a copy of resolutions, I think) offered by him in his State, and which looked to me very strongly like secession, in the early part of this difficulty.I do not blame the Senator for that; I have no want of charity for a man who fell into an error of that kind.
Mr. CRESWELL. The gentleman of course will not blame me for that, inasmuch as I never offered such a resolution. I never offered a resolution which intimated that I or any part of the people of Maryland were in favor of secession, and no such resolution was ever adopted anywhere with my consent. Mr. COWAN. I do not know how that is. I only state this fact to justify what I hinted.
Mr. COWAN. It is a fact that the resolu tions are here and were put upon the desks of members. It is not such a very great distance but that the record, I suppose, may be found.
Mr. CRESWELL. Not at all; the record can be reduced.
Mr. EDMUNDS. I should like to ask a question of my friendfrom Pennsylvania whether, in his opinion, the political crime of treason does not justly involve the political punishment of a forfeiture of political rights on the part of the traitor?
Mr. OWAN. I can answer that very distinctly, and without a moments hesitation. The political crime of treason, or any other crime in this country, incurs just such forfeit nre as the laws impose upon it, and no more and no less; and I have no doubt that my learned friendfrom Vermont will see in an instant that that is vital and is essential to the very theory of our Constitution and laws. This is a Government of law, and not of arbitrary will on the part ofanybody.
Mr. ED UNDS. I would remind my friend that my question was whether, in his opinion, the political crime of treason did not justly involve the forfeiture of the political rights of the traitor as a theory of government. I was not discussing the question of indictments at law, but the general principles of government.
Mr. EDMUNDS. May I ask my friendfrom Pennsylvania. if it is not found in the general laws of nature, by which all communities are entitled to exclu e from the functions of society persons who are dangerous to it?
Mr. SAULSBURY. Will my honorable friend allow meto ask hini to whom that letter was addressed if he can inform me?
Mr. SUMNER. The fugitive slave law hallowed l”
Mr. COWAN. The fugitive slave law was hallowed by 57 years of undisputed own. in this country.
Min SUMNER. That is a confusion of terms.,
Mr. SUMNER. I wish the Senator would carry Africa into the war.
Mr. DOOLlTTLE. I do not precisely understand the force of that great witticism of my fiiilendhfrom Massachusetts, but I presume it is a rit. ME SUMNER. The Senator says he wishes to carry the war into Africa. I merely wish that he would carry Africa into the war.
Mr. DOOLITTLE. Mr. President, I have said nothing in relation to the resolutions of Wisconsin today. As I have stated, on some occasion I purpose to take up those resolutions to discuss them so far as they have bearings upon me personally; and when the question oes home to the people of Wisconsin, I shall look with confidence to their decision. I know that the convention of the Union party of Wis cousin last fall unanimously resolved in favor of the resolutions submitted by me in that convention, one of which was that the doctrine that these States are out of the Union is absolutely false and unfounded, and that there is not a sane man to be found North or South who will advocate that doctrine. That was one of the resolutions of the Union party of Wisconsin. They are sustained, and sustained even by the action of the reconstruction committee, for they abandon this idea that they are States out of the Union, recognize them as States in the Union to which they propose to submit some constitutional amendments for their ratification, recognizing them as States, organized as States, with the power of States to give or to 4 withhold their consent from constitutional amendments.
Mr. DOOLITTLE. No; I do not propose to be interrupted now, as I am:icarly t trough, and the Senator can then take his time.
Mr. CONNESS. The Senator does not understand me. I do not wish to interrupt him; I was about to ask him whether be de sired to finish to night, and if not, I would move to proceed to the consideration of exce utive business.
Mr. DOOLITTLE. It is too late to consider executive business today, and I am willing to come at once to the close of my speech if we can come to a vote. If the Senate is ready to vote I will sit down now. [“No, no.”]
Mr. CONNESS. My purpose was not to interrupt the Senator at all.
Mr. NYE. The question before the Senate, if m memoryserves me, is on an amendment to a bill making alppropriations for the postoffice Dept. think that a stranger, who had not been present at the time the amendment was introduced and discussed, would be at a loss to determine what the question under consideration was for the last 2 days. As was suggested by my friendfrom Oregon, [Mr. Nesuirn] most of the gentlemen engaged in the debate have got so far from the postoffice that it will trouble them to get their mails. [Laughter] As to the amendment proposed by the Senfrom Illinois, [Mr. liwiiiiui.1.] I have no particular anxiety, and certainly no fears. It is a question that I am ready to vote upon. I am in favor of the amendment. because] have always believed since I haVe been able to reflect upon the question that the power of absolute removal and appointment should be limited. I have no particular fears, and l mention this to quiet the nerves of my apparently agitated friendfrom Wisconsin, that the present President. would abuse this function. I do not believe that the simple removal ora pointment of an officer ives much aditional strength to him, but I know from sad expe rience that it brings a horde of additional weaknesses. I.would not occupy a moment in this debate after it has been so long protracted were it not for the fact that I have been an ardent and earnest supporter of the Union party of this nation. I was born into the party that begot it, as early as the distinguished champion of all the Presidents, the Senfrom Wisconsin. I entered this list in 1848, and the Senfrom Wisconsin was with me in that early struggle.
Mr. DOOLITTLE. If the honorable senator will allow me. Iwill state that [drew up in the convention at Syracuse, NewYork, and introduced the “cornerstone” on which the Freesoil organization of 1848 was founded.
Mr. NYE. Itisquite likely thatthe Senator drew it, as heis the author of most good things, in his own judgment. Whoever drew it, or whoever introduced it, I believed it then and have ever since. As the Senator has drawn me into this point, he will pardon me for saying that there was a period when he slipped a little off the “corner stone, ” in the State of Wisconsin, and was elected by the Democratic party ajudge in that State.,
Mr. DOOLITTLE. I desire to say to the gentleman that the Democratic party in the State of Wisconsin had adopted that corner stone qesolution as a part of its creed.
Mr. NYE. Quite likely, and it has not adhered to it much longer than the gentleman did. When I read that, knowing he was the author of the corner stone, I asked myself the question that was asked Peter when the Saviour came from the arden and found him elf guard, whether he cond not watch with me one hour.
Mr. DOOLITTLE. I have watched almost 20 yearsfor this, and fought for the victory, too.
Mr. DOOLITTLE. Certainly, if he was right and was attacked.
Mr. DOOLITTLE and i should defend the Senfrom Nevada if he were unjustly attacked.
Mr. DOOLITTLE. I will say to the hon brableSenntor that neither Mr. Lincoln nor Mr. Johnson.
Mr. NYE. Do not be too fast. I would have excused you if you said no. I will come right along to Mr. Johnson in a moment.
Mr. DOOLITTLE. I desire to say in relation to that point, if the Senator does not wish to misrepresent me, as the charge has been made again and again that I am for the admission of rebels, that it is not so. All I claim is that the loyal representatives from these States shall be admitted.
Mr. DOOLITTLE. Isay the men who come here who are loyal, who can take the oath prescribed by law, should be admitted.
Mr. NYE. Will the Senfrom Wiseonsin answer me onequestion: who are rebels?
Mr. DOOLITTLE. stllu. wBitgho lt.It“ the Senator desires
Mr. DOOLITTLE. Rebels, as a matter of course. are. those who have adhered to this rebellion against the Government of the U.S.
Mr. DOOLITTLE. Certainly not. I have said 100 times over that only loyal men should be admitted.
Mr. NYE. I am very happy to hear that the Senator agrees with me, and if he will keep agreeing with me I will get him right after awhile.
Mr. DOOLITTLE. I will say to my honorable friend that as far as Mr. Johnson lins spoken, to my knowledge, he has never intimated thnt one of these rebels should be admitted here. The charge is unfounded.
Mr. NYE. I am happy, then, to agree with the POTUS and his distinguished indorser. Hearken a little further. Again he says: “But in calling a contention to restore the State. wbo shall restoreand reEstablishit? Shall the man who gavehis influence and his means to destroythe Government? Is he to participate in the greatwork of nse rnanlsatlon1" Bight. there I want to call the attention of the gender from Wisconsin to the attitude of things now. I assert that none others have attempted to form a State government except the men who come within this dese riMen, who, the President says, should not s are in it. That being the case, what does he mean when he talks to us about passing laws here for States that are without representation when they are taxed? Does the Senator mean that in order to impose taxation upon these rebels they must necessaril have rebel representatives here? Who ever eurd of a criminal sitting on his own jury? These men have been engaged with the stron hand of arms in tearing down this temple of freedom and of liberty and who ever card of rebels being consulted about the way the temple should be built up that they had attempted to destroy? Sir, the whole thing is in such r confusion that I can see through it. I agree with the President that none of these men should be here; but who come here?
Mr. CONNESS. Worse than that; who send them here?
Mr. NYE. Who come here? I am something of a Yankee myself, and you judge the package by the sample article outside; and as a sample of one of these reconstructed States comes this lean, lank, cadaverous Cassius looking Stephens, [laughten who has got treason in everylincamentofhis ace and never lau hs. Who sent him? Loyal men, do you think? as he, the 2nd in command of this must wicked rebellion, sent here by loyal men? Sir, “ Can such things be, and ovurcomeus like a summerse loud. Without our special wonder1" O consistency, what a jewel! Alexander H. Stephens as a sample article for loyalt Y He believes, as he swears now, in that mo er and arent of secession, the doctrine that my friend lies become the distinguished champion of State rights. I had hoped that that ghost had disappeared with the rebellion. He swears that he believed, and his reople believed, and believe now, in the right of the States to secede; and yet the distinguished Senfrom Wisconsin comes here and tells us that they acceptthe issue, and reads a letter from Tarbell, whom I have known longer than he has. from Smith field, Chennngo county, and whose judgment is not worth as much as the Senators. Tarbell against Stephens! Tarbell must go down, of course, for Stephens is the honored representative of a loyal State! But again, sir, treason is odious and must be pnnisilred. Will the Senfrom Wise onsintell me how he proposes to punish it?
Mr. DOOLITTLE. I will, if the Senator will allow me to answer.
Mr. DOOLITTLE. Sir, 6 months ago I introduced a bill, which I had hoped long ere this would have been a law, providing for the obtaining of juries in criminalcases in U.S. courts, which wamferred to the comJudiciary, and has been reported by them, but has not conacted upon a bill which provides that when jurors are summoned by the courts they shall not be declared incompetent by reason of opinions formed upon history or newspaperreports. I will state to the Senator another thing on that point. The Supreme Court holds that a civilian or a man not in the Army cannot be tried by a military commission.
Mr. DOOLITTLE. The decision oes just that length. We have got to try them 1}: court and by a jury; and so far as the Presl deut is concerned, the published documents which we have seen show that he has made an effort to have a court held where Davis could be tried for treason.
Mr. NYE. That answers the question; and the bill that the Senator introduced was in fact supplemental to aid in their being acquitted if they were tried. I read that bill With some care. Will you go down to Virginia and find 12 men who did not sympathize with this rebellion, and who would talu: the oath and sary they were not prejudiced by the se news I do not understand the paper opinions? N of: at all. Their minds are made up that no c me has been committed. Sir, somebody has en at fault; treason has not been made odious; or we must acknowl edge the infirmity of our Constitution and laws to punish treason. There is not a hamlet in the State of the Senator but what demands that treason shall be made odious. But, sir, the delay in passin the bill of the Senfrom Wisconsin has u out done away with the necessity for its application because they are almost all pardoned, and those who are not are being pardoned every day. The men who have saved their 20,000 dollars out of the general wreck, and given the balance of their fortune to tear down this Republic are, as we learn from every days report, and in every newspaper, receiving executive pardons. The clerk told me the other day there were 300,000 applications for pardons, and if you take 300,000 of these 20,000 dollar men that are left, you need not trouble yourselves much about the balance.
Mr. DOOLITTLE. I will ask the Senator how many, in his judgment, ought to be tried and executed.
Mr. NYE. I shall be entirely satisfied, under the present circumstances, if you try one.
Mr. DOOLITTLE. Then let us pass that bill, so that we can have a jury, an no difficuitl in trying a man in any State.
Mr. NYE. Does the Senfrom Wisconsin mean to stand here and say that it needs the sage of a bill or any new law to convict a rebel that has declared himself one in this country an expostfacto law, that the gentleman or his coadjutor has talked so wisely about today?
Mr. DOOLITTLE. lfthe Senator will allow me on that point, this bill is simply in relation to the qualihcatioa of jurors; it is not an expostfacto aw, and not liable to any objection of that sort.
Mr. NYE and I repeat, it is a bill to aid in their acquittal.
Mr. NYE. I say in its effect. I do not say you intend it, by any means.
Mr. DOOLITTLE. It has no such effect, either. If the Senate and HoRep will pass it, there will be an opportunity to see wheter a man can be tried.
Mr. NYE. There is where the Senfrom Wisconsin
Mr. DOOLITTLE. I do not wish to interrapt the Senator. but this conversation seems to be going around.
Mr. FESSENDEN. I call the Senator to order.
Mr. SUMNER. If the Senator will give way I move that the Senate do now adjourn.
Mr. SHERMAN. upon thatI should like to have a division of the caste.
Mr. FESSENDEN. The Senfrom Ne ada has not.closed, I understand.
Mr. SHERMAN. But I desire to know whether the Senate wish to continue this debate. Several SENATORS. It is half past 5 oclock.
Mr. SHERMAN. I know it is time to adjourn, but I wish to know whether the Senate desire to continue this debate.
The PRESIDING OFFICER, Mr. POMEBOY in the chair.) The Senfrom Iassachusetts moves that the Senate do now adjoum.
Mr. SHERMAN. As I see my friends are in favor of continuing this debate, I shall not persist in opposition. The motion was agreed to; and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. Wsnsssnnr, May 9, 1866. The House met at 12 oclock m. Prayer by Professor B. N. MARTIN, of NewYork. The Journal of yesterday was read and approved. GRADE or VICE ADMIRAL.
Mr. RICE, of Massachusetts. Yesterday morning I asked the unanimous consent of the House to introduce a bill to amend an act to establish the grade of vice admiral in the U.S. Navy. The object of the bill is to have to Vice admiral Farragut a secretary. wish to say now to the House that this eminent and conspicu ous officer of the Navy has no assistance whatever in the discharge of his duties. The law allows him no staff, and all the burdens incident to his position are cast upon him individually and although still in the vigor of health his eye sight has become very much impaiiwd by the service through which he has passed, and as his correspondence devolves entirely upon himself, it is absolutely necessary that he 5 cold have this assistance. I am certain that no gentleman will object to it. The Gentfrom Illinois [Mr. Ross] objected to the bill yesterday underamisapprehensionofits object, and he has consented to withdraw his objection. I ask unanimous consent to introduce the bill. No objection was made, and the bill was received and read a 1st and 2nd time. The bill proposes to allow Vice Admiral Farra tasecretary with the rank and sea pay and a lowances of a lieutenant of the Navy.
Skip Skip The bill was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time and passed. Mr. RICE, of Massachusetts, mtRtv the bill was passed; upon the table. Agreed to. PASSPORTS.
Mr. WILSON, of Iowa, by unanimous consent, from the ComJudiciary, reported a bill to repeal section 23 of chapter 79 of the act of the 3rd session of the 37th Congress relating to passports; which was read a 1st and 2nd time.
Mr. WILSON, of Iowa. In relation to this subject I have received the followmg note from the SecyState: WADsEnPisAoRrToMs, ENATporrilSTATE. 25.1866. Slit: Iberzleave to call your attentionto an act3rd session 37th Congress. ohupter 79, appr ved March 3. 1863r, elative to the granting of passports“ to any class of persons liable to military duty in the U.S. “ As it was strictly a war measure and the causefor which it was enactedhas coined tooxist. I ringld spggesttpat it be repealed. I. our commission VSOIVIHI y WILLIAM H.8EWARD. Hon. JAIRS F. WILSON. Chairnnan ComJudiciary HoRep. The section which it is proposed to repeal is as follows: “SEC.23 and be“ Abife: That somuch of the not approved the 18thof August, 1856.entitled, An act to rerulnte the diplomatic and consular systemof the U.S., as prohibits the grant of passports to any other than citizens of the i U.S shall be, and is hereby, repealedso, far as its prohibition may cmbmcoany class of  nerI sonshable to military duty by the laws of the U.S. " I move the previous question on the bill.
Skip Skip The previous question was 2nded and the main question ordered. The bill was ordered be engrossed and read a 3rd time; and being engrossed, it was accordingly read the 3rd time and passed: Mr. WILSON, of Iowa, mtRtv the bill was passed; upon the table. Agreed to. RECONSTRUCTION.
Mr. SPALDING demanded the regular order of business. The House ase ordingly resumed the consideration of the JtResolution (H.R.No. 127) proposing an amendment to the Constitution of the U.S., reported from the JtComReconstruction. The motion to recommit the JtResolution had been made by Mr. Srnvrzxs. The pending question was upon the motion of
Mr. GARFIELD to amend the motion to recommit by adding instructions to the committee to report the proposed amendment to the Constitution with the 3rd section stricken out. Upon this question Mr. Smrn was entitled to the floor for one minute; but he was not present.
Mr. BROOMALL. Mr. Speaker, it was to be expected that the measure now before the House would meet the opposition and denun ciation of the unrepentant 33 of this body. The gentlemen who have voted on all occasions upon the rebel side of all questions that have been before the country for 6 years could hardly be expected to change their position at this time.
Mr. ROSS. Will the gentleman allow me to ask him a question?,
Mr. LEBLOND. Mr. Speaker, I demand the name.
The SPEAKER. The gentleman declines to be interrupted.
The SPEAKER laid before the House papers in the Penusylvania contested eledtion case of Koontz vs. offroth; which were referred to the ComElections. ATTYGENS OFFICE.
The SPEAKER. also laid before the House a communication from the acting AttyGen, transmitting, in compliance With a resolution of the House, a list of clerks, &c.; which was laid upon the table, and ordered to be printed. RECONSTRUCTION AGAIN.
Mr. LAFLIN: I am directed by the ComPrintg to report to the House a resolution that there be printed for the use of the House 1,000 extra copies of the modified internalrevenue bill. I wish to an nounce that this number of bills has been printed and are in the hands of the superin tendent of the folding room. It will give 5 co )ies to each member. The resolution was adopted or ii RECONSTRUCTION AGAIN.
Mr. The half hour of the Gentfrom Kentucky [Mr. McKnn] has exired.
Mr. RAYMOND. I will inquire of the Gentfrom Wisconsin [Mr. ELDRIDGE} whether he will not allow the Gentfrom Iowa to finish what he has to say and allow me to reply. It need not come out of a gentleman s time. Let it be regarded as an independent portion of the debate.
Mr. ELDRIDGE. I will consent to that if the House will.
The SPEAKER. If the Gentfrom Wisconsin does not claim the floor now, the Chair will recognize the Gentfrom Iowa.
Mr. ROGERS. My information is that this bill is to be brought to a vote tomorrow. There are a number of gentlemen who wish to speak; and I suppose it is desirable to give as many an opportunity as possible.
The SPEAKER. The Chair understands that the bill is to be brought to a vote tomor row; and there are some 30 gentlemen who desire to s ask.
Mr. ROGERS. I do not think it fair that time should be taken in this way. I do not object myself; but I think as many members as possible should be allowed an opportunity to speak.
Mr RAYMOND. I think that when one gentleman makes a personal point against another an opportunity should be all owed for a rel.
Mr. EESRIDGE. I have no objection to yielding to the gentlemen if I can have the floor as soon as this personal question is disposed of. But I do not wish the time to come out of my 30 minutes.
Mr. HIGB.I believe that we adopted, a day or 2 ago, a stringent rule as to the allotment of time in this do. to; and I shall object to any departure from that rule.
Mr. WILSON, of Iowa. I have said nearly all I intended to say.
Mr. HIGBY. I do not withdraw my objection. Gentlemen will have an opportunity to be heard before this debate is closed. I have no idea of closing this debate tomorrow. I do not believe in it.
The SPEAKER. The Gentfrom Wiseonsin will procced.
Mr. WINDOM. Will the Gentfrom Wisconsin [Mr. ELDRIDGE] yieldto me a moment, for a question?
Mr. ELDRIDGE. Certainly, for a question.
Mr. WINDOM. I desire to ask the gentleman, as he has s okpn of the Democrac of his district, whether iis home oi gan, the ond du Lac Press, represents the Democracy of the State of Wisconsin.
Mr. ELDRIDGE. It does not. There is no paperon earth which represents the De mocrac of this countr.
Mr.WINDOM. Will the gentleman allow me to send to the Clerks desk, to have read, an extract from that paper?
Mr. WINDOM. Will the gentleman allow me to read half a dozen lines from his home or n?
Mr. ELDRIDGE. No, sir, because I have already said that we do not recognize it or any other paperas the representative of the Dem ocratic party. We recognize no one person as authorized to speak for the Democracy. We speak by our acts; we are for the Union and a ways have been, and do not propose to let you prevent a restoration of the Union if we can hel it.
Mr. RINDOM. I will ask the gentleman if he himself considers Jeff. Davis atraitor. His home organ says he is not. MLELDRIGE. You work it in in that way, do you? [Laughter.] Well, I will say that I think he is. So you see the organ, as you call it, and I do not always a ree.
Mr. ELDRIDGE. Now will the gentleman tell me whether he thinks that anyone who seeks to prevent a restoration of the Union is a traitor
Mr. WINDOM. In some certain circumstances I think he is.
Mr. ELDRIDGE. Well, “ in some certain circumstances” I think he is, too. [Laughter.]
Mr. WINDOM. Will the gentleman allow me to read something from the papers in his own district?
Mr. BOU1 WELL. Mr. Speaker, the Gentfrom Wisconsin [Mr. Euminciz] has made some remarks in derogation of the JtComReconstruction. I do not purpose to rely at length to those remarks. He as said than the action of the committee is a failure. We knew very well from the beginning that so far as he and his friends were concerned the labors of the committee would be a failure. He puts, however, in behalf I suppose, ofhimselfand his Democratic friends, one question which I feel bound to answer. He says, “The committee have not told as when our troubles”meaning, I suppose, the troubles of himself and his Democratic friends “will cease."
Mr. RANDALL, of Pennsylvania. If the gentleman will insert the words “the loyal. ppople” I think he will state the position some emoeratic gentlemen take.
Mr. BOUI WELL. That is the difference between the Gentfrom Pennsylvania and his friend, Mr. Stephens, of Georgia. Possi bly there may be no difference. Stephens insists that if a man be loyal today there shall be no inquiry into his previous character.
Mr. RANDALL, of Pennsylvania. I do not know by what authority the gentleman classifies me with
Mr. BOUTWELL. I will not make any classification disagreeable to the gentleman. I “ wish to ask whether he means by the word loyal" a man who declares himself to be 10 al now, or does he pr use to ascertain whether the man has heretociiire been loyal?
Mr. RANDALL, of Pennsylvania. I mean to say, on the question of representation, that when a man comes from a State, competent to be qualiiied as you and I have qualified, we shoal admit him.
Mr. BOUTWELL. That is a proposition, and not an answer to the question.
Mr. RANDALL of peunsylvania. The Gentleman has urged the cat consistency of the Democratic party. If e will allow me, I will send to the lerks desk, to be read, a portion of the Chicago platform. I would like to show the inconsistencies of his own party.
Mr. BOUTWELL. I have no time for the inconsistencies of any party. When I have proved the consistency of the gentlemans own party I think he ought to be satisfied. They have been consistent in wrong doing so far as the interets of the country are concerned, and open the oint I make an observation which I desire to have considered in connection with the distinction with which I preface it. I do not say that every man who supports the propositions which I have stated here today gave aid and comfort to the rebellion and participated in treason, but the converse of this proposition is true, and the country ought to notice the fact. The instincts of men are higher than the reason of men, for through the instincts God teaches without the intervention of fallible logic and theories of reason. The instincts of men are right on all these matters. The affirmative proposition that Ila down is, that as far as there is an testimony before the country, every traitor of the South and every sympathizer with treason in the North sustains the policy of the Democratic party and the President. That is an alarming fact.
Mr. CHANLER. The gentleman dro ped his voice and we have not been able tohear the last words which he uttered.
Mr. BOUTWELL. If I have said something that the Gentfrom NewYork did not ear I commend him to the Globe of tomorrow morning, forido not propose to make any change in what I said.
Mr. CHANLER. Thement was evidently confine as we did not hear it here.
Mr. BOUTWELL. Now, then, we traverse Mpmprssrtitms, and if there be any gentle gentlemans argu to his own party man upon this floor not identified with the DemOcratic party who still sustains what he understands to be the executive policy, Iwill offer him 5 minutes of the brief time remainingto me to show to the House and country where the polic of the President differs from the ancient an consistent policy of the Dem ocratic art.
Mr. HANYDALL, of Pennsylvania. I will show the utleman.
The SPEAKER. The Gentfrom Massachusetts [Mr. BOUTWELL] has 2 minutes of his half hour left.
Mr. WILSON, of Iowa. That is so short a time I will not avail myself of it, as it will not admit of any reply from the Gentfrom NewYork, [Mr. Ramona] SUFFRAGE IN THE TERRITORIES.
Mr. JULIAN, by unanimous consent, introduced a bill concerning the elective franchise in the Territories of the U.S and the admission of new States into the Union; which was read a 1st and 2nd time, referred to the ComJudiciary, and ordered to be printed. increaSE OF PENSIONS.
Mr. TAYLOR, by unanimous consent, introduced to bill to increase the pensions of certain disabled officers of the volunteer service; which was read a 1st and 2nd time, and referred to the ComInvalidPens.
Skip Skip LEAVE OF ABSENCE. Mr. ORTH asked and obtained leave of absence for his colleague, Mr. Fmqurun, for 2 weeks from last lifiiunday. RECONSTRUCTION AGAIN.
Mr. STEVENS. I desire to give notice that unless the House shall feel otherwise inclined I will tomorrow, at 3 oclock, call the previous question, and ask a vote on this JtResolution. Several of our friends wish to go away tomorrow evening, and I desire that they shall have the pleasure of voting for this measure before they lpnve the city.
Mr. TROWBRIDGE, from the ComEnrollBill, reported that they had examined and found truly enrolled an not (H.R.No. 352) to incor orate the National Theo logical Institute; when the Speaker signed the same. PROCEEDINGS BEFORE JUSTICES OF Tm; PEACE.
Mr. CULLOM, by unanimous consent, introduced an act to regulate proceedings before justices of the peace, and for other purposes: which was read a 1st and 2nd time, and referred to the ComDistCol. COMPENSATION TO A CLERK.
Mr. CULLOM also. by unanimous consent, introduced the following resolution; which was read, and referred to the Committee of Ae counts: Reached.That the comensution of John Bailey. pmstsut disbursing clerk, c and thesameishereby. increasedand madethe sameas that of the Journal clerk. beginningwith the presentCongress. RECONSTRUCTION Again.
Skip Skip MESSAGE FROM THE SENATE. A message was received from the Senate, by Mr. Former, its Secretary, informing the House that the Senate had passed, without amendment bill of the House No. 862, toincorporate the National Theological Institute. Also, a JtResolution (H.R.No. (.6) relative to the courts and postoffice of NewYork city, with an amendment, in which the concurrence of the House was requested. Also, Senate bill No. 307, authorizing the restoration of Commander Charles Hunter to the Na, and Senate bill No. 306, to amend an act entited “An act concerning notarics public for the DistCol, ” approved April 8, 1864; in which the concurrence of the House was requested. L. INDIAN RESERVATIONS IN CALIFORNIA.
Mr. BIDWELL, by unanimous consent, introduced a bill in relation to Round Valle and other Indian reservations in northern California; which was read a 1st and 2nd time, and referred to the ComIndAffrs. POST ROADS IN CALIFORNIA.
Mr. BIDWELL, by unanimous consent, introduced a bill to establish certain post roads in the State of California; which was read a 1st and 2nd time, and referred to the ComPostOffice. RECONSTRUCTION AG AIN.
Mr. RAY 0ND. I desire to say, in reference to that point, merely that while in that speech and elsewhere I did declare myself to in favor of extending and securing to all citizens their rights in courts and elsewhere, I did not declare in self in favor of the doctrine that Congress had the power to enforce those rights by such penalties as is prescribed in the civil rights bill. Then, as to invading the jurisdiction of the States, the gentleman misunderstood me. I did not mean simply that the civil rights bill authorized Congress to enter into the territorial jurisdiction of the State, I meant that it seemed to me that it trenched upon the exclusive legislative jurisdiction of the State. I did not say or intimate that every member of the House a who voted for this amendment would stultify, his vote for the civil rights bill, nor did 1mean 1 further to amend by striking out in the 50fifly. to impugn the motives of any member. I merely said that it seemed to me that by this vote the belief could fairly be inferred that Congress had not now that power. The hour of half ast 4 oclock p.m. having arrived, the I Ibuse, pursuant to order, took a recess until half past 7 oclock p. m. EVENING SESSION. The House reassembled at half past 7 oclock p. m. TAX BILL.,
Mr. HOOPER, of Massachusetts. I move to amend by striking out in the 11thline, on page 7, the word “amount, ” and inserting in lieu thereof the word “quantity;” also, by inserting before the word “quantity, ” in the vision of the 14thline, the word "whole, " also, by inserting alter the word “quantity, ” in the 15th line, the word “consumed.” The amendment was agreed to.
Mr. HOOPER, of Massachusetts. I move 6th line, on page 9, the words “a ply to or;” also, by strikm out after the wor “person, ” in the same to, the word “to ” and inserting in lieu thereof the word “for. The amendment was agreed to.
Mr. JENCKES. In lines 53 and 54 of this section there is a provision that any person making a false oath or affidavit shall be guilty of erjut y, “ and be liable to impris onment not ess than 2 years nor more than 5 years.” I move to strike out the latter clause of that provision and insert these words: and shall besubjectto the punishment prescribed by existing statutesfor that offense. It is a singular fact, of which the committee should be aware, that the statutes of the U.S. prescribe 2 kinds of penalty for the offeuse of false swearing. The courts of the U.S., not having any common law jurisdiction over the offense, are governed by statutes, and by those alone, and if this probill should take effect in the manner prescribed here it would make a 3rd statute penalty for the offense of false swearing. The existing statutes prescribe a penalty which is sutficient, bein in fact more stringent than the one proposed ere.
Mr. HOOPER. of Massachusetts. I think there is no objection to that amendment, and I hope that it will be adopted. The amendment was agreed to. The next section was read, as follows: Sec. 8. Abife: That the provisions of the aot of unc $0, 1864a. s amended by the act of March 3, 1865.relating to the assessment of taxesand enforciu the collection of the same and all proceedingsan remedies relating (hereto, shall apply to the assessmentand collection of the duty, fines and penalties herein imposed.sofarastbesnma are applicable and not inconsistentWith the provxsions herein contained: and that the ComrIntRev. subjectto the approval of the SecyTreasury shall make all necessary rules and regulations for ascertaining the weight of all cotton to beassessed, and appropriately marking the same and generally for carrying into cticct the foregoing lpl0V1$l0n5of this act and the SecyTreasury is inspectors. weighcarust.hortled toappoint all necessary and markers of cotton. whose compensationshall be determined by the ComrIntRev and paid in the same manner as inspectorsof distilled spirits are paid.
Mr. HOOPER, of Massachusetts. I move to amend by striking out, in the 7th line of this section, the wor “ duty, " and insert in lieu thereof the word “tax.” he amendment was agreed to.
Mr. HOOPER, of Massachusetts. I move further to amend by striking out in the same line the word “herein.” The amendment was agreed to.
Mr. HOOPER, of Massachusetts. I move further to amend bystriking out in the 7th and 8th line the words “ so far as the same are applicable.” The amendment was agreed to.
Mr. HOOPER, of Massachusetts. I move to amend by striking out the words “herein contained, ” in the elghth and 9th lines, and inserting in lieu thereof the words “of the preceding sections of this act.” The amendment was agreed to.
Mr. HOOPER, of Massachusetts. I move to amend by inserting after the word fim posed, ” in te7th line, the word “by.” The amendment was agreed to.
Mr. HOOPER, of Massachusetts. I also move to amend by inserting before the word xiipprppriately, " in the 12th line, the word or. The amendment was agreed to.
Mr. HOOPER, of Massachusetts. I to amend move by striking out, in the 14thhue, the words of this act." The amendment was agreed to.
Mr. PAINE. I apprehend that the Gentfrom Massachusetts has made a mistake in the amendment which has just been adopted on his motion. In the oriinal language of the section, it is the proceeings and remedies which are stated or referred to as not inconsistent with the provisions of the act; but as it has been amended the language is, “tax, fines, and penlaties not inconsistent with the provisions erein contained.”
Mr. HOOPER, of Massachusetts. I think, ifthe gentleman will examine the amendment, he will find that it is correct. As amended the languace reads, “shall apply to the assessment an collection of the tax. fines, and penalties imposed by and not inconsistent with the provisions of this act.”
Mr. PAINE. The word “inconsistent” before referred to the proceedings and reme dies; now it refers to something very different. Perhaps the gentleman intended that; but I supposed he did not. lhe Clerk read the 1st and 2nd para graphs of the 9th section, as follows: Snc. 9. Abife:.That the act entitled "An act to providejntornal revenuetosupport the Government.to pay interest on the public and for debt. other purposes." approved June 30. 1864. amendedbythe actofMarch 3. 1865b. e, and thesame is hereby.amendedas follows: That section 5 be amendedbyadding theretothe following: and any ins cctoror revenueagentor any specialagentappointe by the $ecretaryof the Treasury. who shall demandor receiveanycom enshtion. foe, or reward.other thansuchasare provided by law for or in regard to. the performanceof his ctficial duties or shall beguilty of any extortion or willful oppressionin thodisehnrgeofsueh duties shall. upon conviction thereof in any circuit or district court of the U.S. havingjurisdiction thereof.besubject to a fine not exceeding$1.0000rto imprisonment for not exceedingone year or both. at the discretion of the conrt and shall be dismissed from office and shall be forever disqualified from holding any othee under the Government of the U.S and 1/2 of the fine so imposed shall be for the use of the U.S and the other half for the use of the person.to be ascertained by the judgment of the court. who shall 1st give in ormation whereby any such fine may be incurred.
Mr. HOOPER, of Massachusetts. I move to amend by inserting in the 24thline of the aragro h just read the word “the” before the wor” information.” The amendment was agreed to.
Mr. HOOPER, of Massachusetts. I move to amend by striking out in the 70th line, on page 12, the word “him, ” and inserting in lieu thereof the words “such asst assessor." The amendment was agreed to.
Mr. HOOPER, of Massachusetts. I move to amend by inserting before the word “ 20 ” in the same line the word “ each 5” so that the clause will read:. Allowing such asstassessorat the rate of one day for each 25 miles he may berequirod to travel. The amendment was agreed to.
Mr. HOOPER, of Massachusetts. I move further to amend by inserting in the 70 tirst line after the words “computed from” the words “his place of residence to.” The amendment was agreed to.
Mr. HOOIER. of Massachusetts. I idove also to amend by striking out in the 70 2nd line the words “ to the place ofexami nation."
Mr. BROMWELL. Mr. Chairman, it appears to me that the design of this provision must have been to give the party timeto repairfrom his place of residence to the place where the examination is to be made; and if we make the language apply to the asst assessor we ive notime to the person summoned.
Mr. HOOPER, of Iassachuse tts. If the gentleman will examine the provision be will see that the object is to provide for the serving of the summons by tie asst assessor, and for his pay for the service in going from the place of his residence to the place where the summons is to he served. This provision has nothing to do with the examination. It merely relates to the summons for the examination. The amendment was agreed to.
Mr. HOOPER, of Massachusetts. I move to amend in the 73rd line by striking out the word “an” an inserting “such, ” so that it shall read “signed by such asst assessor.” The amendment was agreed to.
Mr. HOOPER, of Massachusetts. I move to amend in the 78th and 70 9th lines by striking out the words “ according to its exigency, ” so that it shall read, “ to obey such summons or to give testimony." The amendment was agreed to.
Mr. HOOPER, of Massachusetts. I movo to insert the words “or a commissioner of the circuit court of the U.S. ” before the words that now appear in the next line, “for the district within which the person so sum moned resided.” The 2 ines should be transposed. if The amendment was agreed to. Mi“. HOOPER, of Massachusetts. I move t“o strike out of the 84th line the words who are” and insert in lieu thereof “ such Judge or commissioner, ” so that it will read, f such Judge or commissioner is hereby authorized and empowered, ” die. The amendment was agreed to.
Mr. STEVENS. I want to call the attention of the committee to what has been suggested to me by an assessor, that although they are authorized to enter into a district and make an examination there is no provision for paing witnesses.
Mr. THAYER. If my colleague will yield I will offer an amendment to cover that suggestion.
Mr. STEVENS and while I am up I will an gestanother thing. The original law and I dgo not see that there is any alteration in this allows the assessor in case of an alleged fraud to enter into an examination, being himself the judge and jury, and after settling the question of fraud, to double the amount assessed.
Mr. MORRILL. I call the attention of the gentleman to page 116, where there is this provision: The bills for the attendance and mileage of said witnesses shall be taxed by the assessorand paid by the delinquent parties or othermse by the collector of the district. on certificate of the assessor.at the rates usually allowed in said districts for witnesses in courts of Justice.
Mr. THAYER. That only applies to cases of appeal.
Mr. STEVENS. I desire to state further according to the construction of the law. the assessor is the final judge of fraud to any amount, so that a man may e fined $100,000 and his property sold without remedy. I know a case in my county where, although there was a conflict of testimony, and an assessment made of $60,000, not on an annual but on a monthly return, it could not be remedied. In such cases the party who is assessed may have his property sold according to law, and he can do nothing until after it is sold, and all that he can collect then is the amount of the error.
Mr. THAYER. I move to amend this section by adding at the end of line 122 the following: When thensse ssorisrequired orcompelled to travel to make examinations. as provided in this section. he shall beallowed mileage and his necessary and propertraveling expenses; and the bills for the attendanceand mileageof witnesses shall betaxed by the assessorand paid by the delinquent party, or otherwise by the collector of the district on the cer tificate of the assessor, at the ratesusually allowed in said district for witnessesin courts of justice.
Mr. UPSON. I would suggest to the Gentleman that in order to make his amendment conform to the one read by the chairman of the ComWays&Means, he should strike out the word “ bills” and insert “costs.”
Mr. THAYER. My impression was that it did conform. I will accept that modification.
Mr. GARFIELD. Let me suggests. further modification: that instead of the words toward the close of the amendment, “at the rates usu ally allowed in said district to witnesses in courts of justice, ” he insert “ at the rates allowed to witnesSes in the district court of the U.S. " That will make it definite.
Mr. THAYER. I accept that modification a so. Mr. Chairman, there are 2 proceedings provided for by this section. One is a.prelim inary examination where there has been no return, or a suspected fraudulent return. In that case the assessor is oblied to make a preliminary examination, and e examines witnesses and persons, in effect the same forms of proceedingwhich he pursuessubsequentl upon a hearing upon an appeal taken.The effect of this amendment is simply to add thisprovision which the committee have already incorporated in that part of the section which relates to the hearing ofap eals to the other part of the section which reates to the preliminary examinations. It is, of course, quite as necessary that provision be made for the payment of witnesses in the one case as in the other; and I presume the amendment will meet with the approval of the ComWays&Means. The amendment was again read.
Mr. GARFIELD. I did not observe the 1st art of that amendment, when it was read he bre, and I now desire to call the attention of the committee to what it seems to me would be a very great abuse that would grow up under it if it became a law. If we give assessors the right to go into other districts to assess delinquent or absent tax payers, and allow them mileage and their actual expenses, they may make all sorts of trips. A man in Ohio may make a trip into Illinois, or a man in Massachusetts might make a trip into Ohio, and thus great expense might be incurred. I do not think it would be safe to make such a provision as this. It would open the door to much fraud. I hope the amendment will not be adopted in its present form.
Mr. THAYER. I do not think the committee will find in this amendment the terrible results up rehended by my friendfrom Ohio. I would h e to know under what law an as sessor can go into any district but his own to make assessments. I will yield to the gentleman to explain what he means by that.
Mr. ALLISON. By this very section an assessor is authorized to go from one district to another.
Mr. THAYER. I am willing to qualify my amendment so as to confine it to his own district. But we all know, who know anything about the operation of the law as it stands, that cases constantly occur in which assessors i are required to go into remote parts of their ! districts for the purpose of making these examIinations. There are cases in which it is impossible to make an examination at the place where the Office of the assessor is, because the examination, in order to be worth anything, must be made at the place where the business of the party is carried on. That renders it necessary for the assessor to go to the place of business; and oftentimes it is very distant from his place of residence. Now, sir, is it not proper, where an assessor is required to incur expense in traveling to a remote corner of his district to make an examination which is for the benefit of the Government, that he should receive at least his traveling expenses for that service? I do not see any liability to abuse in it, nor do I see any injustice to the Government.
Mr. THAYER. I movepro formd to strike out the last words of the amendment, for the purpose of making an explanation. There would be force in the remarks made by the Gentfrom Ohio, [Mr. GAiiiiai.n] if I could see that this section is to have the effect which he states. But I do not read it in that way; I find this provision in it: and if any person, on bein notified or requiredns aforesaid, shall refuse or neg out to render such list or return within the time required asaforesaid, or if any personwithoutnotice, asaforesaid, shall not de liver a monthly or other list or return at the time required by law, or if any person shalldeliver ordise lose to any assessoror asst assessorany list, statement, orreturn which, in the opinion of the as sessor is false or fraudulent, or contains any under statement or undervaluation, it shall be lawffll for the assessorto summon such person. his agent or other person having possession, custody, or care of heck: of account containing entries relating to the trade or businessof such person, or anyotherpersons he may deemproper, to appear before such assessor and producesuch book, at a time and place therein named, and to “live testimonyor answerinterrogatoq ries under oath or affirmation respecting any objects liable to duty or tax as aforesaid, or the lists, state iuents, or returns thereof, or any trade, business, or professionliable to any tax ns aforesaid and the assessorma summon, as aforesaid any personresid ini: or foun within the State in which is district in eituated.
Mr. MORRILL. The amendment proposed Ry the Gentfrom Pennsylvania [Mr. nurse] I think has some merit in it. But I think it requires a little more careful consideration than we are likely to give it to night. Therefore, I would suggest that it be passed over for the present, if the committee will consent that it may be considered at some other time.
Mr. THAYER. I will consent to that, and withdraw the proformd. amendment I submitted.
Mr. HOLMES. I move to amed that portion of the section which gives an iority to the assessor to go out ofhis districtto find the party assessed by striking out in the 61st line the words “may enter, ” and inserting in lieu thereof the word “ of;" and by striking out in the 62nd line the wor s “and there, " and inserting “ may;” so that the clause shall read: and when the person intended to be summoned does not reside and cannot be found within such State, the assessorof any collection district where such person may be found may make the examination hereinbefore authorized. That will obviate the objection made by the Gentfrom Pennsylvania [Mr. Srnvaus] in regard to there bein no provision for mile age. If that is adopte it will render it necessary to strike out the sentence immediately following, to wit: and to this end he shall there have and may exerciseall the powerand authority he has or may law tiillyExercise in the district for which he is commis SIOHC.
Mr. MORRILL. I will receive it as a suggestion, but will not accept it now as an amendment.
Mr. HOLMES. I am Willing that the committee should consider it and report upon it.
Mr. STEVENS. Ipow offer an amendment to remedy the evil which I spoke of before, to come in at the end of the paragraph, line 122. I do not see any better place. If it should turn out that it is supplied elsewhere, of course it may be stricken out: In lieu of the remedy now provided wherebyfraud is or shall beehargedtoexistin any annual, monthly, or other list, or in any annual, monthly, or other returns and the party charged with the said fraud shall deny the same, demanda trial and shall tender sufficient bail for the amount of the alleged fraud, deficiency and costsofsuit, proceedings shall be suspendedandsuit bebrought in the court of the U.S. for said district to recover the amount of the alleged deficiency or fraud and the same shall be prosecuted to judgment as in other cases: provided, That this sectionshall not be construedto take the right to proceed by indictment as new provaimd eii bylaw.
Mr. ALLISON. I move to amend the amendment by inserting after the word “deficiency” the words “and also for the penalty.” The amendment to the amendment was agreed to.
Mr. JENCKES. I ask the gentleman whether it is consistent with the languageof the section as it stands. As I understand it it provides for a suspension of proceedings and a commencement of a suit afterward.
Mr. STEVENS. It provides for proceedings by the assessor and then refers him to the court.
Mr. ALLISON. I would ask the Gentfrom Pennsylvania how he proposes to have this security or bail decided upon, whether by the collector or by the court.
Mr. STEVENS. I suppose to the satisfaction of the assessor.
Mr. ALLISON. Then it should be inserted.
Mr. STEVENS. I will modify it by adding the words “ to the satisfaction of the assessor.
Mr. WILSON of Iowa. I suggest to the Gentfrom lennsylvania to pass thisover and let the committee consider it. I understand some of the committee are of opinion that it is already provided for in the bill.
Mr. STEVENS. I will let it pass with the understandin that I may renew it.
Mr. JENC (ES. I move to amend the section by striking out lines 83, 84, 85, and 86, as follows: f Or a commissioner of the circuit cour of the U.S., for the district within which the person so summoned resides who is hereb authorized and empoweredto perform the duties crein required. for llllattachment againstsuch person as for a contcinpt., Also to strike out the word “ commissioner” wherever it occurs afterward. I do not think a commissioner appointed 1) the SCOTUS should have power to issue an attachment for contempt in any case. That is a matter that belonvs exclusivelyto the court, and should never be delegated to any other than a judge.
Mr. MORRILL. I shall not strenuously contend for ibis provision. It is in the present law. No change is made. It is n. matter of very considerable convenience, because all the district courts are overloaded with business, and it is necessary that we should have some tribunals to dispose of these cases promptly., Mr. JENCKES. That is all very true.
Mr. MORRILL. Let me add that these commissioners are quite as well qualified to discharge such duties as many of the judges themselves.
Mr. JENCKES. That may be, but I do not believe in delegatin such powers as these to any others than the judges nown to the constitution and laws of the U.S. I move, therefore, that the provision be stricken out.
Mr. THAYER. There seems to me to be one objection to the suggestion of the Gentfrom Rhdlslnd, which ought to have some force in the determination of the question on his amendment, and that is, thatif the court is substituted for the commissioner, it will necessarily increase the expenses of the working of the law, and also the trouble of it; because the commissioners are scattered over the different districts of the U.S., and the can be applied to with much greater facility an at much less expense for this process than the ud es of the U.S. courts.
Mr. IENCKES. That is true, but the Gentfrom Pennsylvania will agree with me in the statement of what is an attachment for contempt. It is punishment without trial and without hearing, except upon affidavits, and at the pleasure of the judge or officer ordering it.
Mr. MORRILL. I hope the amendment will not be adopted. It would veiy much impair the efficiency of the law.
Skip Skip The question was put on Mr. Jexexsss motion, and there were ayes 29, noes 38; no quorum voting. Mr. MORRILL demanded tellers. Tellers were ordered; and Messrs. Monaiu and Jnu excs were appointed. The committee divided; and the tellers reported ayes 44, noes 51. of the amendment was not agreed to.
Mr. MORRILL. I move to amend that par agraph in line 141 by striking out after the word “and” the words “the said, ” and inserting in lieu thereof the word “such.” The amendment was agreed to.
Mr. MORRILL. In line 142, after the word “assessor, ” I move to strike outthe words “for each collection district.” The amendment was agreed to.
Mr. MORRILL. In line 137 I move to strike out the word “always” where it occurs before the word “open, ” and also to strike out all after the word “open, ” to and including the word “therefrom;" so that it will read: and the officeor principal place of businessof the said assessorshall be open during the business hours of eachday. the The amendment was agreed to.
Mr. MORRILL. On page 16, 1ine 164, I move to strike out the words “given by a note." The amendment was agreed to.
Mr. MORRILL. In line 165, after the word “writing, ” I move to strike out the words “to be, ” and to insert “and” in lieu thereof. The amendment was agreed to.
Mr. MORRILL. In line 173 I move to strike out the word bills, ” and insert “costs” in lieu thereof. The amendment was agreed to.
Mr. MORRILL. I move to further amend. P the last sentence of this paragraph by striking out the word “ otherwise;” also by striking out the words “collector of, ” and insertin the words “disbursing agent for, ” also by striing out the word “ usually;” also by striking out the words “ in said district for, ” and insertin the word “ to” before the word “ witnesses; and also by striking out the words “courts of justice, ” and inserting the words “district courts of the U.S. " The sentence will then read: The costs for the attendance and mileage of said witnesses shall be taxed by the assessorand paid by the delinquent partics or by the disbursing out for the district. on certificate of the assessor.at the rates allowed to witnessesin district courts of the U.S. The amendment was agreed to.
Mr. KELLEY. I have no objection to the amendment of the Gentfrom Illinois [Mr. FARNSWORTH] as far as it goes. But I would suggest to him that however ade note it might be for the rural districts it would every inadequate for large cities.
Mr. FARNSW RTH. I propose this in addition to the notice required by the para graph as it now stands.
Mr. MORRILL. I desire to say to the Gentfrom Illinois, [Mr. FARNSWORTH] and to the committee, that the provision he proposes would impose a very onerous duty upon these officers. In some towns there are no less than 5 or 6 postoffices, and a notice posted up at each of them would not become so generally known as an advertisement in a, single newspaper. People who go to the postoffice do not go there for the purpose of looking at the we ls to see what is osted on them and in some districts it would impose upon these officers the duty of posting up not ess than from 150 to 200 of these notices, without any adequate benefit resulting therefrom.
Mr. STEVERS. I would suggest to the Gentfrom Vermont [Mr. MORRILL] that he alter it so as to require the notice to be osted up at each grogshop and tavern.
Mr. MORRILL. l begto inform the Gentfrom Pennsylvania [Mr. STEVENS] that in Vermont we have reformed all that since he left the State. Laughter.]
Mr. FARNSWORTH. In my district we have more postoffices than we have taverns; the people receive more letters than they take glasses of grog. It may be different in Pennsylvania. The Gentfrom Vermont [Mr. MoniuLL] says that the posting u these notices at the postoffices will not be likely to bring the notice so much to the attention of the people as the advertising it in one single newspaper. In that I think he is mistaken. In a great many districts in the West a large portion of the pepulation is composed of Genmans who read only a German paper. In, many districts there are Democratic apers and Republican papers. If the notice is published in asingle Republican aper, the Den ocrats of the district, who db not take that pa r, fail to see the notice; and vice versa. lien again there are in some counties local“ weekly papers which are taken by the people in the vicinity of the place where they are. published; but those people do not take the paperpublished in a remote portion of the county. Hence the publishing of the notice I in a Single paperin the district fails to reach 4 side of the district. 1,000sof people who go to the postoffices to get their letters and who would see a notice posted up there. As to those who do not go to the postoffice their neighbors go there and would inform them of any notice alfecting them if it were posted there. The postoffice in the local district is the place where people go to get the news, and that is the place to publish these notices.
Mr. ALLISON. Mr. Chairman, this provision for the publication of the notice has reference only to the hearing of appeals. gentlemen will observe that by this section the assessor is required to keep his office constantly open, where persons aggrieved may go voluntarily and have their cases heard. I Now, in some rural localities. as for instance in my own district. the district comprises 12 counties, and the sub districts in some instances, 2 counties. If we should require the assessor to st a notice at every postoffice in each subistriet, it would be necessary for him to have the aid of a very large number of assts. Hence it appears to me this proposition ought not to be entertained for a moment. Persons aggrieved always have a remedy by going to the assessors office and having their a ale heard there. I trust the amendment wr not be adopted. The amendment was not agreed to.
Mr. BENJAMIN. I move to amend by striking out lines 126 and 127 and inserting in lieu thereof the following: Shall publish by advertisementin onenewspaperin eachcounty within said district in which a news paperis published. I desire to call attention to the language employed in those 2 lines as they stand. They provide that notice shall be published by advertisement in some public newspaperpublished in each county Within the district. presume that there is not a newspaperpublished in each county of every district. I suppose the intention Was, of course, that the notice should be published in one newspaperin each county, if there should be a newspaperpublished within the county. The same objection will not apply to my amendment, because I suppose there is no district in the U.S. in which there is no newspaper published.
Mr. MORRILL. I would say to the gentleman that there are such districts. It is not many years since a Representative in this House from the Accomac district of Virginia boasted that there was no newspaper published in his district. There are many districts in the southwestern States where no newspaperis published. This word “adjoining” was inserted to meet such cases.
Mr. BENJAMIN. Why should the notice he published in an adjoining district, when it can be published much nearer in another portion of the same district? In one particular county of a district there may be no newspaperpublished, while one may be published in an adjoining county. But in sue a case, under the pronsion of the bill, as I understand it, the notice must be published in an adjoining gistrict although, perhaps, 100 miles istant.
Mr. GARFIELD. Ihaveprepared an amendment which I think will accomplish what the Gentfrom Missouridesires. I more to amend by striking out the 120 6th, 127th and 128 h lines, an inserting in lieu thereof the following: Shall by advertisementin the newspaperof lprgest circulation published in eachcounty within saiddistrict and i there be none published in spy county. then the newspaperof largestcirculation in the collection district adjoining.
Mr. WILSON, of Iowa. I suggest to the Gentfrom Ohio that his amendment will not reach the difficulty. There may be a newspaper published in every county in the assessment district except one, and according to the latter clause of the amendment it would require it to be published in a news aperout It is to be published in a newspaperoutside of the district if there should be one county in the district in which a newspaperis not published.
Mr. GARFIELD. The gentleman is mistaken. It. says if no paperhe published in the district, then in a newspaperof the largest circulation in the adjoining district.
Mr. WILSON, of Iowa. I may have been mistaken in reference to the gentlemans amendment.
Skip Skip The committee divided; and there were ayes 34, noes 37 no quorum voting. Mr. MORRILL demanded tellers. Tellers were ordered; and Messrs. ALLISON and THAYER were appointed. The committee again divided; and the tellers reported ayes 56, noes not counted. So the amendment to the amendment was adopted. the amendment, as amended, was agreed to.
Mr. WILSON, of Iowa. This now provides for the publication in any newspaperin the district.
Mr. GARFIELD. It provides for the publication in the paperof the largest circulation in the district, and if there be no paperin the district, then in the paperof the largest circulation in the adjoining district.
Mr. COOK. I move in the 130th line after the word “ places” to insert as follows: Shall inail a.copy of said notice to eachpostmaster in his district to be postedup in his Office.
Mr. JENCKES. I think that that assessor should have a word of commendation. He should be recommended to all assessors for faithfulness and diligence. The committee divided; and there were aycs 31, noes 37 no quorum votin.
The CHAIRMAN, under the ru e, ordered that the roll should be called. The Clerk proceeded to call the roll, and the following members failed to answer to their names: Messrs.Anderson. DelosR. Ashley James M. Ash ley. Baldwin. Barker. Beamiin Bidwcll. Bingham, Boyer. Brandeccc. Bromwcll. Droomall. Buckland, Chanlcr, Sidney;Clnrkc, Cobb. Culver. Darling Da vis. Dawson, eining. Denison. Dumont. Ec oy. Eliot. Furquhur. Glosshrenner. Goodyear. Griicr. Hale Aaron Harding. Abner C. Harding Harris. Henderson. Hill Homn. Hotchkiss John H. Hub bard. Edwin N. Hubbell. James R. Hubbell. James Hum hrcy. James M. Humphrey.ingcrsoll Johnson ones.Juliaii Latham can. Marshalljfarvin. MNiccOhnolllsoouni, rh McIndoe. hforris Moulton. Newell. Noell. Orth. Pike. Domeroy. Ra mend. Bitter. Rogers. Rollins. Rousseau, Sehenck, hank lin. Sitgrenves.Sloan. Smith Starr Stillwcll, John L. Thomas. lhornton.RobertT.Van Horn. Ward.Wont worth and Wright. The committee then rose; and the Speaker having resumed the chair, Mr. WAS HBURNl l, of Illinois, reported that the OomWhole on tostate of the Union had had under consideration the special order, being bill of the House No. 513, to amend an not entitled “An act to provide internalrevenue to support the Government, to pay interest on the pay ic debt, and for other purposes, ” approved June 30, 1864, and acts amendatory thereof, and finding itself without a quorum had directed the roll to be called, and the names of the absentees to be reported to the House.
The SPEAKER stated that a quorum having answered to their names, the committee would resume its session. I The committee then resumed its session, (Mr. Wasnuvnsn, of Illinois, in the chair.) The question recurred on the amendment moved by Mr. Coox, and it was agreed to.
Mr. JhNCKES. I move to strike out the following proviso: Provided. That no appeal shall be allowed to any party after he shall have beenduly assesseda.nd the annual list containing the assessment has been transmitted to the collector of the district. Mr. Chairman, the amendment of the gentlemen from Vermont [Mr. MonnrLL] in the preceding line seems to cover this whole question enlarging the powers of assessor, giving him the full control of this assessment, leaving him to make rules in each rticula r case as to when the assessment shal be completed. These appeals may not be made accoring to the terms of this act, which are rather blind, and should bemade, it seems to me, to the rules the assessor may prese arcicboer.ding person me be absent in Europe or may be outside of his district at the time when by the ordinary rules the assessment should be considered as completed. When he returns, it seems to me, he should have the privilege of going before the assessor and havm his case considered; not leaving it open in efinitely, but giving it, as the amendment of the Gentfrom Vermont provides, to the assessor to provide a mode in which the case shall be considered. The amendment was agreed to.
Mr. GARFIELD. I am authorizedby the ComWays&Means to offer a, few amendments to this paragraph, some being more verbal amendments.
The CHAIRMAN. If there be no objection the amendments will be considered enmasse.
Mr. GARFIELD. I move to amend in the 186th line by striking out the words “every object of duty and and insert “ subject of;” so it will read, “subject of taxation.” In line 190 4 strike out the words “payment of the said duty or, " so it will read, “ liable to the tax.” After the word “year, ” in line 221, insert the following, in order to render the meaning more definite: Commencing from the time of the passageof this act or from the time of the delivery of the list to the collector as aforesaid. In line 231. alter the word “aforesaid, ” insert the following: and shall certify and return said list to the collector as required by law. Strike doubthe last sentence of the paragraph, beginning With the word “ and ” in line 231, and insert the following; it is a mere recesting of the sentence to make it more clear: and all or any proceedin. authorized by law for the ascertainment of the liaility to any tax or duty. the assessmenot r collection thereof shall beheld to appl as for asmay be necessary to the proceedings herein authorized and directed. The amendments were agreed to.
Mr. WARNER. I move the following amendment:, Add as follows: But no reassessment shall be made.as aforesaid in cases where assessments have been made bona upon manufactured goods and when such goods have been sold upon the faith of the same.
Mr. GARFIELD. The committee have a section iropnied on that very point, to which the gentleman can offer his amendment. Mr.WARNER. Iwithdraw it for the present.
Mr. THAYER. I move to amend on age 19, lines 240 and 241, by striking out the words “ shallexcec the sum of$100,000 and, ” and by striking out in the 243rd line the words “excess of, ” and the words “over $100,000.” Mr. Chairman, the effect of the amendment is to allow the assessor the commission of a half%. on the 1st $100,000 received, whic, by the terms of the existing act, is not allowed. I always thought it a niggardly provision which deprived those officers of that small commission on the 1st $100,000. I am satisfied firm the great reduction in this bill and the great number of articles put upon the free list, that in a great many districts where this small allowance on the 1st $100,000 is received, the compensation of these officers, upon whom devolves the practicel labor of the revenue Dept of the Government will be inadequate. I have made a calculation which shows what will be the result on the compensation to be received by these officers, which is only 1/2 of 1%. They receive now for collecting $200,000, $2.000. That includes the $1, 600 salary they receive. They receive, where the receipts are $300,000, 82, 500, and where the receipts are $400,000, $3,000. The effect of the proposed modification, which allows 1/2 of 1%. on the 1st $100,000 as well as on the excess up to $400,000, is simply to alter that, and where the receipts are $200,000, to make it $2, 500 perunnum, including the salary of $1,500 allotted to them by law; where the receipts are $300,000, they will receive a salary of $3,000; and where the receipts are $400,000, they will receive $3, 500. It seems to me these are not inade uate rates of corn nsation for a groperclass of men to discharge igiiaseimportant uties.
Mr. MORRILL. I believe we have hardly tolerated the raisin of any salaries. I live in a rural district, an there is no complaint of the salaries there.
Mr. THAYER. It is easy to kill any proposition of this kind bv saying you propose the raising of salaries. The gentleman knows perfectly well the effect of that cry in this House and therefore it is he makes that answer to my proposition. Now, sir, that is not the object of the proposition. It is to reveal; this compensation from being reduce by reduction of receipts which your bill will occasion and to make the compensation adequate to the men who have to discharge these duties. The amendment was rejected.
Mr. MORRILL. In line 325, after the word “respectively, ” I move to insert the following: The collectors of internalrevenue acting as disbursing officers shall be allowed all bills of asst assessors heretofore paid by them in pursuance of directions of the ComrIntRev notwithstanding the asstassessordid not certify to hours therein or that 2 dollars ier diem was deducted from the salary or compensationbeforethe computationof tax thereon.
Mr. JENCKES. I rise to oppose the amendment. I oppose it because it is a rider on the proviso. My intention was to move that the proviso be stricken out. I see no reason why the SecyTreasury should have power to make or provide for these excetional cases. If we are to pass a law, it should be uniform throughout the U.S., and we should not leave it to an executive officer to suspend the operation of it so as to provide a different compensation than that provided by law. The irre ularity suggeste in the amendment is one of that character. It would leave it to the executive Officer to do away with a penalt.Ihope it will not be adopted, and then I Will follow it by a motion to strike out the whole proviso. The amendment proposed by Mr. Moaaiu. was agreed to.
Mr. JENCKES. I move to strike out the following proviso: Provided/Miller, That the SecyTreasury shall be and he is hereby.authorized to fix such additional rates of compensationto be made to as sessorsand asstassessorsin caseswhereacollection district embraces more than a single congressional district and to assessors and asstassessors, revenueagents.a.ndinspectorsin Louisiana. Georgia, SCarolina. Alabama. Florida. Texas.Arkansas. NCarolina. Mississippi. Tennessee, Missouri. California, and Oregon and the Territories. as may appear to him to be just and equitable. in consequenceof the greater cos otf living and travelipg in those states and Territories and asmay.in his Judgment.be necessaryto securethe servicesof compe tent oificers allowed shall but the rates of compensation thus not exceed the rates paid to similar officersin such Statesand Territories respectively. This act affects the compensation of assess ors, asst assessors. revenue agents, and inspectors throughout the U.S. This proviso enables the SecyTreasury to increase the compensation within the districts named. Unless that power is given to him throughout the U.S., so that it may be uniform, I object to the exception. I ask members of the House to look at it and see the elfect it will have.
Mr. HIGBY. I do not know whether collections could be made in other States or not under a uniform law, but I do know that the cannot be made in the State of California. t has been tried and proved disastrous. I give members notice that the amount that will pay assemors in the eastern States will not pay them in California.
Mr. JENCKES. I have no objection to having a provision applicable to California.
Mr. MORRILL. I wish to say that the provisions liere are precisely what they are in the existing law with the exception of some halfa dozen other States in which the Commissioner informed us it was iin possible to obtain a revenue unless we provided for the payment of the officers in this wa.
Mr. WILSON, of lyowa. I find the States of Louisiana, Georgia, SCarolina, Alabama, Florida, Texas, Arkansas, NCarolina, Mississippi, and Tennessee, are provided for here.
Mr. MORRILL. There are many districts where there is no difficulty, but in others there is difficulty.
Mr. WILSON, of Iowa. The difficulty is, the proviso applies to all the districts in all those States. Now, I have no objection to applying it to some where it is impossible to get Officers unless you give them additional compensation. I know some officers have been appointed there who are not now receiving the compensation because they cannot qualify. But I have a statement of one of these officers from SCarolina, made before the ComJudiciary, that any number can be found, residents of SCarolina, who can discharge the duties and who can qualify according to law.
Mr. RANDALL, of Pennsylvania. I give notice to the chairman of the committee that it is now 5 minutes to ten oclock.
Mr. MORRILL. We shall adjourn at ten. The guestion being taken on the amendment of Mr. means, there were ayes 37, noes 25; no uoriim votin. i
Mr. CARFIE D. I move that the committee rise. The motion was agreed to. So the committee rose; and the Speaker having resumed the chair, Mr. Wssnnunus, of Illinois, reported that the ComWhole 0n the state of the Union had had under consideration the special order, being bill of the House No. 613, to amend an not entitled “An act to provide internalrevenue to support the Government, to pay interest on the public debt, and for other purposes, ” aproved one 30, 1864, and acts amendatory thereof, and had come to no conclusion thereon and then, on motion of
Mr. DEFREES, at 5 minutes before ten oclock p. m.) the House adjourned.
Skip Skip PETITIONS, are. The followin petitions, &c., were presented under therule and re erred to the appropriate committees: By Mr. BEAMAN: The petition of A. J. Suther lnndXand others, of washtenaw county, Michigan, graying that Congresswill passlaws regulating intertuteinsurancesofnll kinds. By Mr. DAWSON: The petition of 80citizens of Fayette county, Pennsylvania. asking increasedpro tection for American wool. Ily Mr.KERR: The memorial of Leonard Smith, late lieutenant, 610.f, or compensationfor tenmenths and 26 days serViceas lieutenant and regimentalquartermasterof the 22nd regiment Indiana volunteers. By Mr. LAWRENCE, of pennsylvania: A petition, numerously signed by citizens of Fayette county. Pennsylvania. for increaseofduties on foreign wool. By Mr. MOORHEAD: the petition ofJohn Woods, and others, cituens of the county of Montgomery, Pennsylvania. praying for an increase of duty on foreign imports t oprotectAmerican labor. Also, the ignition of Hon. 11.W. Williams, Hon. Thomas M. owe. Alexander Gordon, and others, of Allegheny county. Pennsylvania, proving for the establishment of a Bureau of “duration and that provision be madefor the education of all. By Mr. “OODBRIDHE; The petition of Erastus Kelley and 3!!others, citizens of Clarendon Springs, Vermont, praying tor an increased duty on foreign wo s. Also, the petition of Dr. W. C. Fox and others, of Wallingford, Vermont, praying that medicines usedby physicians may be placed on the free list.
@@@IN SENATE SENATE. Tnunsosr, May 10, 1866. Prayer by Rev. WILLIAM Bao ex, D. D., of London, England. The Journal of yesterday was read and approved.
Skip Skip PETITIONS and MEMORIALS.R. MORGAN presented the petition of the Commercial Navigation Company, a corporation formed under the laws of the State of NewYork, praying for the passage of a law regulating the apprent icing of boys to be trained as seamen upon merchant vessels, uniform in its operation within the U.S.; which was referred to the ComCommerce. He also presented the petition of James S. Hendrickson, and 134 other soldiers, residents of Cleveland, Ohio, praying to be relieved from the tax on their pensions and urging the appointment of disabled soldiers in the civil service of the Government; which was referred to the ComFinance. Mr. POLAND presented the petition of Sim conFarnsworth, praing for a pension; which was referred to the comPensions. Mr. DIXON presented the memorial of marshall 0. Roberts, and others, trustees of A. G. 8100, who was a contractor for carrying the mails between NewYork, NewOrleans, Ha vana, and Chagrcs, Braing for the passage of an act authorizing the PostMGenl to settle for compensation duethem for mail transportation which has not been paid for; which was referred to the ComPostOffices. Mr. HARRIS presented a memorial of a convention of iron founders and manufacturers held at Syracuse, NewYork, in favor of exempting detached portions of their manufactures from taxation; which was referred to the ComFinance. Mr. MORRILL presented the petition of Harriet B. Crocker, of Bath, Maine, praying for a pension; which was referred to the ComPensions. REPORTS OF COMMITTEES.
Mr. WILLIAMS, from the ComClaims to whom was referred the petition of C. F. Johnson, praying for compensation for the alleed seizure of tobacco belonging to him by the U.S. forces at Lakcpoi t, Louisiana, submitted an adverse report thereon; which was ordered to be printed. REMOVAL OF INDIANS.
Mr. WADE submitted the following resolution; which was considered by unanimous consent, and agreed to: Whereas it is understood that the ComrIndAff is now engagedin removing to and locating in one of the settled counties of Nebraska and contiguousto the settled portions of Dakota, the Indianswho wereengauedin the Minnesota massacre in the your 1862 by which nearly 1,000 defense less men, “women, and ehildren were murderedin cold blood; and whereassaid Indians were driven from the state of Minnesota by theoutragedpeople of that State in order to securethe future safety of the lives and propertyofilse itizens; and whereas the removal and locationof said Indians within our white settlements has been made without the consent and in direct opposition to the will of the citizens of north western ebruska and Dakota. many of whom have purchased their lands from the Government and improved the same: and whereas it is apprehended that this act of the Government will destroy the value of private property and retard the settleinent of the Territory of Dakota and northwestern Nebraska: 3 ree of oloreed., That the ComIndAffrs be instructed to inquire into the facts and report to this House whether and to what, extent the interests and safety of the peoplo who hayc purchased the iublic lands and migrated with their fnmilics to those erritories on the assuranceof the protectionof the Government as well uthe interest of the Government itself in {Itosfiffltmon land growth of the said Territories. are likcly to be compromisedby this act, and if:o whether the same is necessitatedby any considerations connected with the pubic interests; with leave to report such measures of relief as the circumstances of the casemayin their judginent require. BILL INTRODUCED.
Mr. HENDERSON asked, and by unanimous consent obtained, leave to introduce a bill (S.No.317) to amend an act entitled “An act to amend an act entitled An act to aid in the construction of a railroad and telegraph line from the Missouririver to the Pacific ocean, and to secure to the Government the use of the same for postal, military, and other purposes, approved July 1, 1862, " approved July 2, 1864; which was read twice by its title, referred to the ComPacRailroad, and ordered to be printed. APPROVAL OF A BILL.
Skip Skip A message from the POTUS, by Mr. COOPER, his Secretary, an nounced that the President had approved and signed on the 9th instant an act (S.No.90) enlarging the powers of the levy court of the county of Wasington, in the DistCol. ENROLLED BILL SIGNED.
Skip Skip A message from the HoRep, by Mr. McPnsnsou, its Clerk, announced that the Speaker of the HoRep had signed an enrolled bill (H.R.No. 852) to incor orate the National Theological Institute; an it was thereupon signed by the President protempore. HOUSE BILL REFERRED. The bill (H.R.No 668) to repeal section 23 of chapter 79 of the acts of the 3rd sesSion of the 37th Congress, relating to passports, was read twice by its title, and referred to the ComJudiciary. SECRETARY TO THE VICE ADMIRAL. The bill (H.R.No. 667) to amend an act to establish the grade of viceadmiral in the U.S. Navy, was read twice by its title.
Mr. GRIMES. I move that the Senate proceed to the consideration of the bill at once.
The PRESIDENT protemporc. It requires unanimous consent.
Mr. SUMNER. Before the Senate proceeds with the consideration of that bill, I esiie to say that I have some notes on that subject which are at my room. I did not expect it to come ii to da.
Mr. SUMNER. I understand that it is a bill in regard to the Vice Admiral.
Mr. GRIMES. It simply authorizes the appointment of a secretary to the Vice Admiral.
Mr. SUMNER. Then it is a different bill from what I apprehended it was from the readin of the title. I have no objection to it.
Mr. JOHNSON. I ask for the reading of the bill.
The Secretary read the bill, which proposes to amend the 2nd section of the act to establish the grade of vice admiral in the U.S. Navy, approved December 21, 1864, by adding to it these words: “and he shall be allowed a secretary, with the rank and sea pay and allowances of a lieutenant in the Navy.” The bill was considered as in ComWhole, by unanimous consent, reported to the Senate, ordered to a 3rd reading, read the 3rd time, and passed. MAIL CONTRACTORS.
Mr. RAMSEY submitted the following resolution; which was considered by unanimous consent, and agreed to: Resolved, That the PostMGenl be, and is hereby, reauested to furnish to the Senatea cgpy of a letter adrcssedto his Dept by D. L. ulec. formerly chairman of the ominittce on PostOffices, dated in Janii ary. 1860 inquiring as to the effect of legislative action in increasmg the ay of mail contractors .&c., also the answerof the i PostMGenl thereto.
Mr. SHERMAN. Imove to amend the bill in section one, line 8, by striking out the word "sixty" and inserting “77.16, ” and in l“ine 9 to strike out “ 4” and insert two;” so that the clause will read: The standard weight of which shall be77.16grains, With no greater deviation than 2 grains to can cleve Thil amendment is moved after conference between the SecyTreasury, the head of the Mint at Philadelphia and the special committee having charge of this subject in the House. The amendment was agreed to.
Skip Skip The bill was reported to the Senate as amended, and the amendment was concurred in. The amendment was ordered to be engrosse d, and the bill to be read a 3rd time. he bill was read the 3rd time and passed. DUTY on nivnv ANIMALS.
Mr. CHANDLER. I move to take up House JtResolution No. 116.
Mr. FESSENDEN. I wish my friendfrom Michigan would have me a chance to pass a little bill which gicy say will save us 1,000 dollars a day, and to which there can be no objection. It is a bill reported from the ComFinance, and it will cause no debate whatever. It is House bill No. 511, imosing a duty on live animals.
Mr. CHANDLER. Let my bill come up and then I willgive awa. I move to take up House JtResolution 0. 116, to prevent the introduction of the cholera into the ports of the U.S., and then it can be laid aside informally. The motion was agreed to.
Mr. FESSENDEN. Now if the uator glives way, I should like to takeup House hill 0. 511, imposing a duty on liVe animals. There being no objection, the Senate, as in ComWhole, proceeded. to con! sider the bill. It provides that on and odor its passage there shall be levied collected, and pal, on all horses, mules, cattle, sheep, hogs, and other live animals Imported from foreign countries, a duty of 20%. valor em.
Mr. EDMUNDS. Since this bill was, reported I have received information, which I believe to be true, that a good many persons, cattle dealers and others in the northern States along the frontier, have purchased cattle in Canada during the winter with the provision with the seller that they should remain in Can ada until the spring and that there are now in Canada it considers le number of cattle which are aetuall owned by citizens of the U.S., and, have been paid for under the law as it now stands admitting their importation free of duty. In order, as an act of justicc, to authorize those people within a very limited period of time to Withdraw their cattle upon the same terms they might have withdrawn them before, I offer the following amendment as a proviso: Provided. That apy such animals now bonafide ownedby resident ClliZ EllSof the U.S and new in any of the provinces of British America, may be imported into the U.S. free of duty until 3119 EXILHBIOD of ten days next alter the passageof is so That, I think, will do justice to that class of persons without doing any injustice. to the revenue. The amendment was agreed to.
Skip Skip The bill was reported to the Senate as amended, and the amendment was concurred in. The amendment was ordered to be engrossed and the bill to be read a 3rd time. he bill was read the 3rd time and passed. ASIATIC CHOLERA.
The PRESIDENT protempore. The JtResolution (H.R.No. 116) to prevent the introduction of the cholera into the ports of the U.S., is now before the Senate, as in ComWhole, the question being on the amendment reported byt e ComCommerce.
Mr. JOHNSON. Who is the writer of that letter?
Mr. HOWE. The SecyWar is not Commander in Chief of the Army and Navy.
Mr. GRIMES. Certainly. Perhaps the Senfrom Wisconsin has not understood me. I say that this bill confers all this authority 11 on the SecyWar. It so s “that it shall be the duty of the SecyWar, with the cooperation of the SecyNavy and the SecyTreasury, whose concurrent action to whom does that refer? The SecyNavy and the SecyTreasury, “ whose concurrent action I shall be directed by the Commander in Chief of the Army and Navy.” The POTUS is required, it is imperative on him, to direct the cod ration of the SecyNavy and the SecyTreasury to carry out any of the views which the SecyWar may entertain. 5, “.
Mr. HARRIS. Mr. President, this billcowtains very extraordinary irovisions
Mr. EDMUNDS. If t. to Senfrom NewYork will allow me a moment, I desire to state that I was about to propose an amendment which would meet the objections of my friend the Senfrom Iowa as he has stated them, or some of them at least, and which may possibly meet the objections of the Senfrom NewYork. If e Senfrom NewYork will give way for that purpose, I move toameud the amendment rs orted by the committee by striking out lines t ree, 4,and 5 and inserting in lieu of them the words, “That the SecyWar, the SecyNavy, and the SecyTreasury shall constitute a board whose duty it shall be to cause ” &c., and by striking out in line 12 t9 words “he shall” and inserti “they may.”
Mr. Presideiif, I have sought to find the authority under whichthe framer of the proposition reported by the ComCommerce proceeded. It certainly is very extraordinary in its provisions. Coming as it does from the ComCommerce I imagined that it might possibly be justified under the provision of the Constitution which authorizes Congress to reulate commerce, but I could not. see that it lgiadmuch to do with commerce. Then I went to that other elastic provision in the Constitution under which much of the doubtful legislation of the present do is sought to be sustained, that provision which requires Congress to guaranty to eve State a RFG. I did not know but that it might be justified under that. [filaughten] But nally, looking a little further, examining the bill a little c oser, I came to the conclusion, inasmuch asthis bill puts in requisition the SecyWar, the SecyNavy, and the SecyTreasury, and over all these the ommander in Chief of the Army and the Nav, that it must be under the war power; and I believe that if this bill can be sustained at all it must be sustained under the war power.
The PRESlDENTpro tempera. The morning hour having expired, it becomes the duty of the Chair to call up the unfinished business of yesterday, which is House bill NO. 280.
Mr. EDMUNDS. I will ask unanimous consent that that order may be temporaril laid aside until we finish this resolution. have but a word more to so upon it.
Mr. SHERMAN. I have no objection to the bill being laid aside until the Senator conclude his remarks, but there are other Senators who want to speak on this resolution, and I presume it would be debated all day. I have no objection to the Senator completing his remarks.
Mr. EDMUNDS. Then I shall not insist upon disiosing of the resolution now.
The PRESIDENT protempera. The Senfrom Vermont asks the unanimous consent of the Senate to lay aside the unfinished business of esterday until he concludes his remarks. The Chair bears no objection.
Mr. EDMUNDS. I have only to add a word to whatI have said, and I shall have done. It has been objected that this is an extraordinary grant of power to the Secretaries who have been named, to employ the resources of the U.S., as they have been described, its armies, its navies, and its Treasury, to recl this estilence. It may be extraordinary, iut that is no objection to its exercise if the exigency of the occasion requires it. Now, in the case of ordinary legislation, as for customs, for instance, the law is executed by providing penalties for its infraction and forfeiture of the goods which may be introduced into the country in violation of law; but in the case of a pestilence, which is the object to be excluded, e who undertakes to legislate by way of punishment against persons who violate the law and bring in the pestilence, fails to do his duty to the country, because the pestilence once introduced, punishment to the person who introduces it is a very inadequate remedy indeed. Therefore, in a case of this dese rition, as in the case of the bill which has a read been passed excluding cattle on account of tocat tle plague, it is absolutely indispensable that the executive force of the law should go along with the enactment, and that so much of the power of the country as is necessary should he exercised at the time of the prohibition by way of prevention and exclusion, instead of by way of punishment and penalty afterward. Therefore this is one of those classes of cases where, if it is right to act at all, it is indispensable that the executive force of the Government should be brought to bear at the very moment of its execution by way of prevention rather than by punishment afterward. postoffice APPROPRIATION BILL.
The PRESIDENT protempore. The bill (H.R.N o. 280) making appropriations for the service of the postoffice Dept during the fiscal year ending June 30, 1867, and for other purposes, is now before the Senate, the pendingquestion being on the amendment proposed the Senfrom Illinois, luuiinu1.1., jy upon which the Senfrom Nevada [XMn I YB] is entitled to the floor.
Mr. COWAN. What other can you give that you are against, besides that of secession? Everybody is against that. What other one do on o ose! Iii: N I am against all of these pretended State rights that mar the harmon of the action of the Federal Government. hat State right are you in favor of?
Mr. NYE. Certainly; that is what I supposed, includin secession and all others.
Mr. COVAI. No, sir. That is the fallacy of the gentlemans argument: that because secession is not a State right, and was not intended to be one, therefore all other State rights are to be ignored and forgotten.
The PRESIDENT protempera. There must be order in the galleries, or they will be cleared.
Mr. NYE. If the Senator will give me a day or 2 to make up a list of the number that I would have hung, Iwill do it with pleas ure. I cannot name them now.
Mr. DOOLITTLE. I do not ask the Gentleman to specify the names; how many, in round numbers?
Mr. NYE. I would ban enough to fulfill the assertion of the Presideat that treason should be made odious.
Mr. DOOLITTLE. How many, in the opinion of the Senator, would be necessary?
Mr. DOOLITTLE. Very well; that an swers one question. Now, I ask the honor able Senator, in what way would you try them; by a military commission, or court martial, or would on try them in court?
Mr. YE. I want to answer that question in 2 ways.
Mr. DOOLITTLE. I should like to have a direct answer.
Mr. NYE. I should not have kept them until this issue had arisen as to how we should tIry them. I would have hung them then. If had had my way I would have hung Jeff. Davis, no matter how I tried him. When the 2 great armies, that of GenlSherman and the army of the Potomac, were mustered out. in this city, I would have had them formed in a hollow square and hung him there, and the world would have said amen. I suppose now we shall have to try him by law.
Mr. DOOLITTLE. That is the answer of the Senator. I simply desired to get his opinion. His answer is, that he would have ordered Jeff. Davis to be executed without trial in the presence of the discharged soldiers of the grand Army of the U.S. Mr. President, I undertake to say that such a proceeding as that on the part of the POTUS would be held to be murder by all the enlightened judgment of the world. But the Senator now goes further and says that inasmuch as he was not executed without trial, executed 1st and tried afterward, it has gone on so far now that he thinks the propermode of trial is to try him in a court of justice according to law. We have advanced to that point in the argument. His opinion is, and we may understand, notwithstandin all this denunciation by the Senator of the Tresident for not punishing these traitors, that he would now have 5 or 6 of the leading rebels of the country tried, and tried in court according to law. Sir, how will you do it? Can you try themin a court if the judge will not sit and hold it? Has not the resident for months been urging upon one of the justices of the Supreme Court, within whosejurisdiction Jefl“. Davis is, that he hold a court sothat he can be tried; and has not the judge refused to hold the court upon the pretext at he desires the question to come before Congress, for its action in some shape, before he assumes to o i?t
Mr. DOOLITTLE. If my honorable friend will allow me, as I am dealing with another very strong man, I do not wish to deal with 2 strong men at once.
Mr. HOWARD. I merely wish to correct the Senator on that point.
Mr. DOOLITTL. I must decline to yield to the Senator. I am in the midst of an argument, and do not like to be drawn off.
Mr. BROWN, of Missouri, move as a substitute for that bill a proposition which declared that during the insurrection those States should not elect electors for President and VEEP; that those States should not elect members of Congress until there was a proclamation made by the President in pursuance of an act of Congress to that effect; and it passed without any discussion on that question.
Mr. CONNESS. Will the Senator permit me to ask him a question?
Mr. CONNESS. The Senator yields so sel dom that
Mr. DOOLITTLE. On this point I am willing to yield. I am not in any particular argumentdiust here, and I am willing to be interruptc.
Mr. CONNESS. I propose to ask the senetc: if he does not know that upon the question of the admission of Louisiana, under the recommendation of President Lincoln, it was never proposed, either by the President or anybody else, that the Senators from Louisiana should enter this bod until both Houses, by the form ofajoiut resolution, had 1st settle the question; and I now ask in more concentrated form of the honorable Senator whether the then POTUS, Mr. Lincoln, or himself, the honorable Senator, ever proposed to admit the Senators chosen in Louisi unu, under that sorcalled State government, in any other manner than under the form of a jomt resolution 1st.
Mr. DOOLITTLE. I will answer the senator. I voted for the resolution, or struggled for the resolution, in that form, a resolution that was reported by the Senfrom Illinois from the ComJudiciary.
Mr. DOOLITTLE. There was no other form presented; but the Senfrom Illinois knows very well what my opinion was on that subject, and what his was, that it was not essential to the power of the body that there should be a JtResolution; but njoiiit resolution would receive the sanction of some members which the measure could not receiVe if it was put in the other form.
Mr. CONNESS. Now I will thank the senator for one instant more of time and will not trouble him a ain. Did the Senator ever hear the then POTUS, Mr.v Lincoln. object to the passage of a JtResolution declaring Louisiana under that organization fit for union with the other States?
Mr. SAULSBURY. Mr. President. it was my intention to make some remarks in reply to the kind allusions of the honorable Senfrom Nevada to myself; but I see that he is not in the Chamber. I am no sportsman. I am told, however, by sportsmen that while it is the best mode of shooting a bird to fire when he is on the wing, I never heard one say that it was wise to shoot when the bird was out of sight; and therefore I shall not trouble the Senate now, but shall take occasion when I shall see the Senator present, provided the occasion is a properone, to return the compliment which he paid me yesterday.
Mr. CONNESS. lfthe Senfrom Michi gun will give way I will move that the Senate proceed to the consideration of executive business.
Mr. SHERMAN. I appeal to my friendfrom Michigan. I suppose he deSires to address the Senate upon political questions.
Mr. HOWARD. I desire to address a few words to the Senate.
Mr. SHERMAN. I will ask the Senator, as Idv“ the debate has become somewhat personal, whether we had better not dispose of this matter and get this bill out of the way. I would like it as a personal favor. This bill is under my charge, placed there in consequence of the Sit liness of the chairman of the ComFinance, and I should like to have it out of the wa 1h.r. HOWARD. The Senfrom Ohio is notJnore anxious to dispose of the present bill than I am, still I cannot very wel suffer the occasion to pass without making a few remarks upon some of the numerous subjects which have been drawn into the discusson. If it is the desire of the Senate to go into executive session I will yield.
Mr. SHERMAN. Does the Senator desire to speak upon the partienlar subject pending on the question of removals?
Mr. HOWARD. Mr. President, I propose to address the Senate on the bill and the various other subjects which have been regarded as cognate and relevant thereto by certain other Senators.
The PRESIDENT protempore. The question is on the motion to 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. McPriiaiisoN, its Clerk, announced that the House had passed a JtResolution H.R.No. 127) proposin an amendment to e Constitution of the U.S., 2/3rds of the members of the House having agreed thereto. At the suggestion of Mr. Fss saunas, the JtResolution was read twice by its title, and placed upon the Calendar. On motion, the Senate adjourned.
###HOUSE OF REPRESENTATIVES. Tuunsmr, May 10, 1866. The House met at 12 oclock m. Prayer by Rev. Mr. HOWLETI. The Journal of yesterday was read and approved. RECONSTRUCTION.
The SPEAKER. The 1st business in order is the consideration of the JtResolution reported by the ComReconstruction, on which the Gentfrom Pennsylvania [Mr. Itasnsufl has the floor.
Mr. SIROUSE. Mr. Speaker, any proposition to amend the Constitution of the U.S. would, a few years ago, have excited and aroused the greatest interest on the part of the people as well as of Congress. The good old charter produced by the inspired wisdom of the great and patriotic men who founded the Republic is ignored by the modern reform ers. Amendments are offered and passed with as much haste and facility as a bill to admit a wilderness with a few hundred adventurers roving in it as a State in the Union. There is danger in this, danger to the country at large, danger to our institutions and liberties. The Constitution was never intended to be plastered and patched as latterly it is proposed to do, no more than the Union of States formed by the 13 old colonies was ever designed to be broken or severed by secession or rebellion of anyone or more States. We are prone to speak lightly of an amendment to the Constitution, as if it were no more than the passage of an ordinary act. I reret this exceeding y. Members of Congress, w 10 are here to rere sent the great bod of the people, should be extremely cautious how they tamperand tinker with the fundamental law. History should be our guide and counsel. The gradual under mining, changing, altering, and amending of the foundation so strongly built, so massively erected, so skillfully constructed by the masster minds of the revolutionary patriarchs, may destroy the temple of the Republic which so majestically rested on it for 80 ears. what necessity is there now, i
Mr. FINCK. I dislike to interrupt my colleague; but I desire to state what he ought to know very well, that during the 38 h Congress I voted for every bill making appropriations to ay our men in the field.
Mr. ECK.EY. I desire my colleague to state whether he voted for the proposition to punish guerrillas.
Mr. ECKLEY. I trust the gentleman will not take too much of my time. I would like him to answer “yes” or “no.”
Mr. FINCK. I will state the facts. There was upon the statute book a law to punish guerril as. The bill to which my friend refers was to amend that law and to take away from the President the power to revise the findings of the military courts. I voted against that bill; but I was in favor of punishing guerrillas.
Mr. KELLEY. As the gentleman has referred to me personally
Mr. ROGERS. I cannot be interrupted, for I have but 30 minutes.
The SPEAKER. The Gentfrom NewJersey [Mr. Roonns] is entitled to proceed without interrution.
Mr. KELLEY. As the gentleman misrep resents me
Mr. KELLEY and will not yield for an explanation.
The SPEAKDER. the Gentfrom Pennsylvania [Mr. KELLEY] is not in order and will take his seat.
Mr. KELLEY (taking his seat.) I must pronounce his statement false.
Mr. WASHBURNE, of Illinois. I rise to a privileged question, and move that evening sessions be hereafter dispensed with. I do so for" the reason the House is so far ahead of the Senate that it is unnecessary for us to come here at night, and for the further reason that the reporters are utterly overwhelmed with labor. The motion was agreed to. RECONSTRUCTION Again.
Mr. BANKS. I ask the gentleman to allow me one moment to say a word of reply to my colleague.
Mr. INGHAM. I am willing to yield if it does not come out of my time, otherwise I must proceed.
Mr. WRIGHT. I rise to a question of order. The gentleman, by reflection, seems to infer that we do not represent the people, and that we are uninindful of our oaths.
The SPEAKER. That is not a point of order under parliamentary law, but an interruption without the consent of the member speaking.
Mr. STEVENS. Mr. Speaker, I rise to conclude the debate, but I will not move the previous question until I finish what I have to say. I am glad, sir, to see great unanimity among the Union friends in this House on all the provisions of this JtResolution exec t the t ird one. I am not very much gratitie to see any division among our friends on that which I consider the vital proposition of them all. Without that, it amounts to nothing. I do not care the snap of my finger whether it be passed or not if that be stricken out. Before another Congress shall have assembled here, and before this can be carried into full effect, there will be no friends of the Union left on this side of the House to carry it out as
Mr. LEBLOND. Members are crowding the aisles on the other side and the open space in the center of the House so that we can neither see nor hear what is going on.
The SPEAKER. Members must resume their seats.
Mr. THAYER. Will the gentleman allow me to correct him in his geography? I do not live near Cherry Hill. I live on the top of Chestnut Hill. [Laughter] and [would like to know the name of the distinguished divine to whom he refers. I cannot recollect anyone.
Mr. STEVENS. It is the late Henry Ward Beecher. Laughter].
Mr. THAER. I understood my colleague to saya neighbor of mine. Mr. Beecher lives about 100 miles from me.
Mr. STEVENS. Well, that is in the neigh borhood in this country, 3000 miles in extent. [Laughter.]
Mr. THAYER. The gentleman himself is about as near and much nearer to him in many things than I am. [Laughter.]
Mr. STEVENS. How near does my friend live to Cherry Hill?
Mr. THAYER. This amendment does not affect the eligibility of the people to whom he refers. That portion to which I directed at remarks exclu es them from voting: and lwis to ask my colleague in this connection whether he thinks he can build a penitentiary big enough to hold 8 million cople.
Mr. STEVENS. es, sir, a penitentiary which is built at the point of the bayonet down below, and if they undertake to come here we will shoot them. That is the way to take care of these people. They deserve it, at least for a time. Now, sir, if the gentlemen had remembered the scenes 20 years ago, when no man dared to speak without risking his life, when but a few men did do itfor there were cow ards in those days, as there are in these yon would not have found them asking to bring these men in, and Ionly wonder thatmy friendfrom Ohio [Mr. BINGHAM] should intimate a desire to bring them here.
Mr. BINGHAM. I beg the gentlemans attention one moment. I have not by one word or vote of mine ever justified him in say in that I consent ever to bring them in. Ir: STEVENS. Never; but the gentleman wished to strike out a section and kill this amendment, the most popular before the people ofuny that can be presented.
Mr. BINGHAM. I ask the gentleman to indulge me a moment. The thir section does not touch the question of their coming in.
Mr. STEVENS. Then why is it you oppOSQ it? If it is going to hurt nobody, in Gods name let it remain. If it is going to hurt anybody, it will be the men that deserve it. Now, Mr. Spleaker, I withdraw my motion to recommit, an move the previous question.
Mr. GARFIELD. In case the previous question is not 2nded, will my motion to amend be in orderli.
The SPEAKER. A motion to amend will be in order if the previous question is nU I 2nded. "
Mr. GARFIELD. Then I hope it will be vomd down, so that I may move this amendment: All persons whovoluntarily adhered to the late insurrection. giving iiid and comfort to the sin culled louthern confedersey are foreverexcludedfromholding s O cc of trust or profit underthe Government of the U.S.
Skip Skip The SPEAKER. The question is on 2ndingrthe demand for the previous question. he question being put, there were ayes 90, noes 59. Mr. FARNSWORTH. I demand tellers on 2nding the demand for the previous question. Tellers were ordered; an the Speaker appointed Messrs. Fiutsswon ru and Sisvsxs. The House divided; and the tellers reported eyes 85, noes 67. So the previous question was 2nded. The question recurred on ordering the mainquestion. Mr. DELANO. I demand the yeas and uuys. lhc yeas and unys were ordered; and the question being taken, it was decided in the nfiirmative yeas 84, neys 79, not voting 20; So the main question was ordered. During the roll cull, Mr. 51 ROUSE stated that his colleague, Mr. DENISON, had been called away on account of sickness in his family. The result having been announced as above recorded. The JtResolution was then orderengross and read a 3rd time. Mr. LEBLOND and Mr. ELDRIDGE demanded the yeas and neys on the passage of the JtResolution. It Mr. RANDALL. of Pennsylvania. I call for the reading of the eugroesed JtResolution. The SPEAKER. table. Mr. HOOPER, of Massachusetts. I move the House adjourn, and upon that motion I call the yeas and neys. The one and neys were ordered. Mr. tANDALL, of Pennsylvania. I with draw my call for the reading of the engrossed JtResolution. Mr. HOOPER, of Massachusetts. Then I withdraw in motion to adjourn. Mr. FAR SWORTH. I desire to inquire of the Chair if it is in order to move to recommit this JtResolution with instructions to amend.
Skip Skip Mr. STEVENS. I call the previous question on the passage of the JtResolution. The previous question was 2nded and the mainquestion ordered. Mr. LDRIDGE and Mr. LEBLOND called for the yees and neys on the passage of the JtResolution.
Mr. ASHLEY, of Ohio. Does not the constitution require that the vote upon the passage of an amendment to the Constitution shall be taken by one and n s?
The SPEAKER. he Constitution requires that the vote shall be taken by yens and neys upon the passage of a measure over a veto. But. it only says that the passage of an ainciidment to the Constitution shall be by a 2/3rds vote of each House of Congress. but does not say that the vote shall be by yeas and neys. The yeas&nays were ordered.
Skip Skip The question was taken; and it was decided in the affirmative yens 128, nuys 37, not voting 19; So, 2/3rds voting in the aflirmzitive, the JtResolution was passed. When the name of Mr. RAYMOND was called, his response in the ullirmutive was received with applause on the floor and in the galleries. During the call of the roll the following announcements were made: Mr. TAYLOR. Idesire to announce that my colleague. Mr. JAMES M. HEMPHREY, is paired with another colleague, Mr. Pommov. Mr. DEMING. My colleagues, Mr. BRANDERson and Mr. Humans, are both absent. If they were present they would both vote for this JtResolution. Mr. ANCONA. My colleague. Mr. JOHN soiv is still detained from his seat by illness. Mr. RADFORD. My colleague, Mr. JONES, is absent on account of sickness; if he was here he would vote against this JtResolution. The announcement of the vote. as above recorded, was received with applause on the floor and in the galleries.
Mr. ELDRIDGE. I rise to n question of order. I want to know if it is understood that the proceedings of this House are to be interrupted by those who come here and occupy the galleries.
The SPEAKER. The Gentfrom Wisconsin [Mr.ernmnes] makes the point of order that expressions of approlizitiorior disapprobution from persons occupying the galleries are not in order. The Chair sustains the point of order. Members upon the floor and spectators in the gallery will observe the rules of the House and maintain order.
Mr. ELDRlDGE. I do not want our proceedings to be interrupted by the “nigger hezids” in the galleries. [Hisses in the galIeries.]
Mr. STEVENS. Is it in order for members on the floor to disturb those in the galleries? [Laughter]
The SPEAKER. Members upon the floor should not insult the spectators in the galleries.
Mr. STEVENS. mtRtv the JtResolution was passed; on the table. The letter motion was agreed to. WAGON ROADS IN THE TERRITORIES.
The SPEAKER laid before the House a communication from the SecyIn terior, in reply to a resolution of the House of the 4th instant. in regard to certain wagon roads in the Territories of Idaho, Montana, Dakota, and Nebraska; which was ordered to be printed, and referred to the ComTerritor. CLERKS IN riir. NAVY DEPT.
The SPEAKER also laid before the House a communication from the SecyNavy, in reply to a resolution of the House of the 7th instant, in regard to the number of clerks employed in that Dept. in what army they served, &c.; which was laid on the table, and ordered to be printed. INDIAN EXPENDITURES.
The SPEAKER also leid before the House a communication from the SecyInterior, in response to a resolution of the House of the 23d ultimo, relative to expend itures in the Indian service; which was or dered to be printed and referred to the ComIndAffrs. COLORED CITIZENS or CHICAGO. o
The SPEAKER also laid before the House an address to the Congress of the U.S. from the colored citizens of Chicago, which was ordered to be printed.
Mr. ROSS moved that the address be referred to the JtComReconstruction. The motion was agreed ADJOURNMENT OVER.
Mr. WASHBURNE. of Illinois. I move that when the House adjourn today it be to meet on Monday next. I would say that I certainly would not make this motion if I, thought that by sitting here tomorrow and next day we would facilitate the adjournment of thi v congress one single day. But I know the situation of business in the Senate, and the situation of business in this House, and I am satisfied there is no necessit for us to ress matters as we have been oinv. We have done a pretty good weeks work this week, and everybody is tired, and the Doorkeeperwants tomorrow and next day for the purpose of cleaning up this Hall and putting down the matting for the summer.
Mr. ASHLEY, of Ohio. I desire to say to the House that it is impossible that this work of fixing the Hall can be done inside of 4 days; and, therefore, there is no use in adjourning. If we meet, the committees can be called, and we can make considerable progress with our business.
Skip Skip The question was taken on agreeing to the motion of
Mr. WASi iisunxiz, of Illinois, and there were ayes 78, noes 68.
Mr. FARNSWORTH called for the yeas and iiays. The ycas&nays were ordered. The question was taken; and it was decided in the aflirmative yeas 7i), nays 68, not voting 36; So the motion was agreed to.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. Former, its Secretary, announced thatt e Senate had passed, Without amendment, a bill (H.R.No. 667) entitled “An act to amend an act to. establish the grade of vice admiral in the U.S. Navy." The message also announced that the Senate had passed House bills of the following titles with amendments. in which the concurrence of the House was renested: An act (H.R. o. 397) to authorize the coinage of fire cent pieces; and An act (H.R.No. 511) imposing a duty on live animals.
Skip Skip LEAVE OF ABSENCE. )Mr. SMITH asked leave of absence for Mr. VAX Hours, of Missouri, for 3 days. Leave was granted. Mr. McCULLOUGH asked leave of ab sence for Mr. HARRIS for one week. Leave was granted. Mr. BINGHAM asked leave of absence for Mr. SHELLABARGER for ten days. Leave was granted. Mr. RICE, of Maine, asked indefinite leave o f absence for Mr. HOLHBOOX. Leave was granted. Mr. ROSS asked leave of absence for Mr. Tnonxrot for one week. Leave was granted. TAXES 0N IMPORTED SPIRITS.
Mr. DARLING, by unanimous consent, introduced a bill to refund certain taxes upon imported spirits; which was read a 1st and 2nd time, and referred to the ComWays&Means. DUTY 0N LIVE ANIMALS. On motion of
Mr. MORRILL, the House, by unanimous consent, proceeded to the consideration of Senate amendment to the bill (H.R.No. 511) entitled “An act imposing a duty on live animals.". The amendment of the Senate was read, as follows: Add at the end of the bill the following: Provided. That any such animals now bonn fide owned by residentcitizens of the U.S and now in any of the Provinces of British America. inn be imported into the U.S. free of dnty until {E9 expiration of ten days next after the passageof is act.
Skip Skip The amendment was concurred in. Mr. MORRILL mtRtv the amendment was concurred in; on the table. Agreed to. TELEGRAPHIC LINES.
Mr. SPALDING, by unanimous consent. introduced a bill to aid in the construction of telegraphic lines, and to secure to the Government the use of the same for postal, military, and other purposes; which was read a 1st and 2nd time, and referred to the ComPostOffice. TAX 0N TOBACCO and CIGARS.
Mr. SCHENCK. I ask unanimous consent to present at this time an amendment to the tax bill. relating to tobacco and cigars. I de sire that it may be printed, and referred to the ComWhole on the state of the Union, so that it can be taken up in connection with the bill.
The SPEAKER. it will be so ordered. There was no objection. EMPEROR OF RUSSIA.
Mr. BANKS. I move that by unanimous consent, the Senate amendments to the JtResolution (H.R.No. 133) relative to the attempted assassination of the Emperor of Russia be taken from the Speakers table and considered at this time. There was no objection; and the amendments of the Senate were read, as follows: In line 5 strike out the word "their." Add the following as anew section:. Sec. 2. Abife: revolved. That the POTUS be requestedto torivard a copy of this resolution to the Emperor of Russia. The amendments were concurred in. AMENDMENT OF PENSION LAWS.
Mr. BOYER, by unanimous consent, submitted the following resolution; which was read. considered, and agreed to: Resolved.That the comInvalidPens be and arehereby, requested to inquiro into the expediency of so amending the pension laws as to place dependent fathers on the same footing with dependent mothers. IRRIGATION and CANAL COMPANY.
Mr. HIGBY. I ask unanimous consent to introduce a bill granting right of we and making a grant of land to the Sierra Ivevuda and Contra Costa Irriation and Canal Company, in the State of Ca ifornia.
Mr. WRIGHT. I object. LAND GRANT RAILROAD IN OREGON. On motion of
Mr. HENDERSON, Senate bill No. 99, entitled “ An act granting land to the State of Oregon to aid in the constructionof a military roa from Albany, Oregon, to the eastern boundary of said State, was taken from the Speakers table, read a 1st and 2nd iime and referred to the ComPubLands. If there be no objection, ADJOURNMENT OVER AGAIN.
Mr. FARNSWORTH. I ask that by unan imous consent it be understood that no business shall be transacted in the House next Monday, but that immediately on meeting we shall adjourn. Tomorrow and Sutnrday, with Monday, will not more than give the Door lteepersufficient time to put the matting upon the floor of the House and complete the other arran ements for the summer occu ancy of the all. We have agreed.to adjourn till Monday, and unless we now allow sufficient time for having.this job thoroughly done, we shall very soon have another adjournment of 2 or 3 days. I trust there will bevno objection to my proposition.
The SPEAKER. An adjournment of this House under the Constitution cannot be for more than 3 days except with the concurrence of the Senate. The Speaker will therefore be obliged to take the chair at 12 oclock next Monda; but if there should be no quorum in atten once those present can of course adjourn until the next day. J. H. WALKER and OTHERS. On motion of
Mr. HOOPER, of Massachusetts, by unanimous consent, the ComBanking&Currency was discharged from the further consideration of the petition of J. D. Walker, and others, Officers of the NewHampshire Saving 8 Bank, in Concord, NewHampshire; and tesame was referred to the ComWays&Means. CLAIMS AGAINST VENEZUELA.
Mr. DRIGGS. A resolution which I otfered the other day contained an error, being addressed to the SecyState, instead of the President. I ask unanimous consent to offer the following resolution for the purpose of correcting that error: Resolved.That the POTUS he respectfflly requested.if not. incompatible With the pn lie interest, to cause to be furnished to this House a list of the claims of citizens of the U.S. lStatesnow pending in the U.S. location at Caracas, against the U.S. of Venezuela. with a brief indication of the causes of complaint and the reasonswhy paymentshavenot been enforced during a long series of yenrs and what.measuresare necessaryto bring these long deferred claims to lo speedy settlement. There being no objection, the resolution was considered and agreed to. RESOLUTIONS OF CALIFORNIA LEGISLATURE.
Mr. McRUER, by unanimous consent, presented resolutions of the Legislature of California indorsing the action of the delegation in Congress from that State in voting for the passage of the bill known as the Freedmens Bureau bill; which were laid on the table, and ordered to be printed. COMMISSIONER OI" PUBLIC BUILDINGS.
Mr. LAWRENCE, of Ohio, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Resolved.That the ComrPubBldg bedirected to report to this House the iininber of clerks and employ 6sin his official service. With the States from which they were appointed and what wer their occupations previons to their appointment with the number who were invtheUnion Army, and the names. number and residences of such. if any. as have beenin the rebel army and by whom thoseof the latter classwererecommendedfor appointment. CLAIMS AGAINST THE U.S.
Mr. WILLIAMS, by unanimous consent, introduced a bill to authorize the employment of additional counsel in cases of claims do ending against the Government of the U.S. which was read a 1st and 2nd time, and reerred to the ComJudiciary. WASHINGTON CANAL.
Mr. INGERSOLL. I desire to call the attention of the House to a matter aflecting the sanitary condition of this city. It is understood that workmen, under the direction of the city authorities, have commenced removing the deposit and sediment} from the Washington canal, throwing this offensive matter upon the banks. The subject has been referred to the ComDistCol. who, having examined the question. deem it very injudicious and unsafe for the city authorities to allow such work to be done. Under the direction of the committee; I have prepared a JtResolution having in view the stopping of that work. I ask unanimous consent to report that JtResolution for consideration at the present time.
Mr. INGERSOLL. The gentlemon ought to hear the resolutioriread before he objects.
Mr. wASHBURNE, of Illinois. I move that the House adjourn. The motion was agreed to; and thereupon (at 40 minutes past 4 oclock p. m.) the House adjourned.
@@@IN SENATE SENATE. FRIDAY, May 11, 1866. Prayer by the Chaplain, Rev. E. H. GRAY. The Journal of yesterday was read and approved.
Skip Skip PETITIONS and MEMORIALS.R. GRIMES presented concurrent resolutions of the legislaure of Iowa, in favor of the establishment of a Bureau of Education; which were ordered to lie on the table, and be printed. Mr. GRIMES. I present the petition of C. W. Walker, and a large number of other citizens of Macgregor, in the State of Iowa, who pray that Congress will frame and pass a General law regulating the bridging of the upper Mississippi river, making provision therein that neither railroad nor water traffic be imeded or impaired. I present also another an simi lar petition from citizens of the same place, containing the same prayer. I move that these etitions e referred to the ComPostOffices. The motion was agreed to. Mr. MORGAN presented a memorial of the LongIsland Historical Society, in relation to the unburied remains of soldiers on the battle field of Shiloh; which was referred to the comMilAffrs . Mr. DOOLIT LE presented a memorial of citizens of Natchez, Mississippi, remonstrating 1 against the proposed tax on cotton; which was referred to the ComFinance. BEPOHTS of COMMITTEES.
Mr. HOWE, from the ComClaims, to whom was referred aJtResolution (H.R.No. 103) to refer the etition of Benjamin Hol liday to the Court of pelaims, reported it with an amendment.
Mr. DAVIS, from the ComClaims, to whom was referred the petition of Mrs. M. J. Walker, praying for compensation for property taken and used by the U.S. forces at Vicksburg, Mississippi, in 1863 and 1864, reported adversely thereon. He also, from the same committee, to whom was referred the petition of Augustus Hub bell. late captain and commissary of subsistence U.S. volunteers, praying that he may be allowed, in the settlement of his accounts, a certain amount of money which he alleges to have been stolen from him on the 17th ofJuly, 1865, reported adversely thereon.
Mr. HENDERSON, from the ComClaims, to whom was referred the petition of Henry Roy de LaReintrie, praying that compensation be allowed him for effective and valuable services rendered to the Government of the U.S. in California in exposing fraudulent land claims against the Government, submitted an adverse report thereon; which was ordered to be printe. He also, from the same committee, to whom was referred the petition of Benjamin Tilley, prayin for cempensation for land in the city of Wesington occupied by the Government as a part of the site on which Camp Fry is situated, submitted an adverse report thereon; which was ordered to be printed. BILL RECOMMITTED. On motion of
Mr. LANE. of Kansas, the bill (S.No.119) grantin lands to the Leaven worth, Lawrence, and Oli. Gibson Railroad Company to aid in extending their railroad and telegraph line from the southern boundary of Kansas to the northern boundary of Texas, in the direction of Galveston bay, was recommitted to the ComPubLands. DIBATES OF THE SENATE.
Mr. CONNESS. I offer the following resolution: Resolved.That the ComPrintg be directed to inquire into the necessityof more correct reportsof the debatesof the Senate and to report a remedyfor the practice of changing and suppressing winegrdsspoken in debate in the Senate and substitut thereformatter not spoken. I do not ask for the present consideration of the resolution, and I will not occupy the time of the Senate with it now, because when the resolution is considered I desire to submit some remarks in connection with.it and in explanation of it. I am willing, therefore, that the resolution shall lie over for the present.
The PRESIDENT protempore. It will lie over under the rules. ADJOURNMENT to MONDAY. On motion of
Mr. ANTHONY, it was Ordered, That when the Senate adjourn todayit be to meeton Monday next.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. LLOYD, its Chief Clerk, announced that the HoRep had agreed to the amendments of the Senate to the JtResolution (H.R.No. 133) relative to the attempted assassination of the Emperor of Russia, and to the amendment of the Senate to the bill (H.R.No. 511) imposing a duty on live animals. PAY DEPT OF THE NAVY.
Mr. GRIMES. I move that the Senate proceed to the consideration of the House JtResolution No. 130. It is a small matter, and will not require the consumption of time. The motion was agreed to; and the JtResolution (H.R.No. 130) to carry into immediate effect the bill to provide for the better organization of the pay Dept of the Navy was considered as in ComWhole. For the purpose of carrying out the provisions of an act to provide for the better organization of the pay Dept of the Navy with the least delay possible, the JtResolution authorizes the POTUS to waive the examination of such officers in the pay Dept of the Na as are on duty abroa, and cannot at presentvbe examined as required by law; but such examinations as are required by law are to be made as soon as practicable after the return of the officers to the U.S., and no officer found to be disqualified is to receive the promotion contemplated in the act herein referred to. the ComNavAffrs reported the JtResolution with an amendment, to add as an additional section the following: SEC. 2. Abife resolved.That the SecyNavy be and he is hereby authorized to or to appoint. under existing laws and rogu leaxtiigoenns.csieuse h volunteer officers in the Navy as the of the service may require until their placese an besupplied by graduatesfrom the Naval Academy.
Mr. CONNESS. As I understand that amendment, it proposes simply to put the volunteer officers, who have now had years of experience, in the service temporaril out of the Navy as soon as their places can e su )plied by grad uates of the Naval Academy. it does notstrike me as a very wise thing to be done, and I should like to hear from the honorable chairman of the Naval Committee his views on the wisdom of the amendment proposed. It will be remembered that the officers of the volunteer Navy had exerience as seamen in the mercantile marine before they entered that branch of the naval service; and it appears to me that when experienced officers, many, of whom have remdered eflicient and valuable service during the war, are transferred into the Navy there should be a provision for their remaining there. I donot know why they should give place to d uates from the Naval Academy. I should like to hear from the chairman on the subject.
Mr. GRIMES. I think the Senfrom California misap rehends the scope of this proposition. under laws passed in 1861, 1862, an 1863, the SecyNavy was authorized to appoint certain persons, s. ch as might pass the board of examination, to certain grages in the volunteer service of the Navy; but there was a provision in the law declaring that they should cease to be officers of the U.S. whenever the rebellion ended. These officers are now scattered all over the world in various squadrons, and it is simply proposed to enact a law so that if the POTUS should see fit tomorrow to issue sproclamation declaring that the rebellion has entirel ceased, from that moment these Officers shal not cease to be, but shall continue in the service and draw their pay and perform their duty to the Government. The question as to whether the volunteer officers shall be retained in the permanent Navy is not embraced in this JtResolution, but is embraced in another reposition which is under consideration in the ComNavAffrs. This section simply retains these officers for the present, until there shall be subsequent le slation by Congress. That is the purport anglse ope of it. It was drawn in the Navy Dept by gentlemen whd entertain the same views in regard to the adoption of the volunteer officers into the Navy that the Senfrom California entertains, as I understand from what he has said. The amendment was agreed to.
Mr. GRIMES. I offer as an additional section the following: Abife resolved.That naval constructors shall hereafterbeheld the be staffodioersin the Nov and entitled to all t herights and privileges and subject to all the liabilities and duties of such. The amendment was agxeed to. The JtResolution was reported to the Senate as amended, and the amendments were concurred in. It was ordered that the amendments be engrossed, and the bill be read a 3rd time. The bill was read the 3rd time, and passed; and its title was amended by adding “and for other purposes.” PENSION BUSINESS.
Mr. LANE, of Indiana. I ask that the following order may be entered: Ordrred, That Friday next. after the expiration of the morning hour, he set apart for the consideration of bills and reports from the ComPensions. There is. perhaps, enough businessof this kind to occupy an hour or two. It is important that we should dispose of it, and I propose to take next Friday for that purpose. The order was agreed to. J. W. GORDON.
Mr. ANTHONY. I move that the Senate roceej; to the consideration of Senate bill o. 1. The motion was agreed to; and the bill (S.No.127) for the relief of Jonathan W. Gordon, late major in the 11thregiment of infantry, was read the 2nd time, and considered as in ComWhole. It proposes to direct the SecyTreasury, in settling the accounts of J. W. Gordon, late major in the 11thregiment of infantry, to allow him a credit of $600 on account of bounties paid enlisted men in accordance with the provisions of the act of July, 1862, but before that act went into effect.
Skip Skip The bill was reported to the Senate without amendment, orderengross for a 3rd reading, read the 3rd time, and passed. ASIATIC CHOLERA.
Mr. CHANDLER. I now move to take up House JtResolution No. 116, to prevent the introduction of cholera into the ports of the U.S. The motion wash eed to; and the Senate, as in ComWhole, resumed the consideration of the JtResolution, the question being on the amenthnent proposed yesterday by Mr. Ennusos to the amendment reported by the ComCommerce.
Mr. CONNESS. I ask the consent of the honorable Senfrom Michigan to let this subject lie over for a little while, that we may cal up a bill concerning the Pacific coast which will not occupy a very long time.
Mr. CONNESS. I think not at all. This subject of the cholera is a pretty dangerous one, and has proven to be a tedious one in this body, and we should like to be relieved from it a little while this morning with the Senators permission.
Mr. CHANDLER. I hardly think the res olution will lead to any further debate. I desire simply to ask that the letter which I hold in in hand may be read.
Mr. CONNESS. If the Senator will not consentto my request, of course I shall not persist in it.
Mr. GRIMES. Will the Senator allow me to ask him a question?question? Is?
Mr. GRIMES. Will the Senator be kind enough to look at the 2nd clause of the amended proposition, where it says: That he That is the SecyWarshall also enforce the establishment of sanitary cordons to prevent the spread of said diseasefrom infected disti" ts adjacent to or within the limits of the U.S. 5 Les?. Not confining it to the lines between the States, but. giving him authority to establish cordons within the jurisdiction of a State. should like to.kuow where the Constitution authorizes such a thing as that.
Mr. SUMNER. I am obliged to my friend even for interruptime to call attention to that section, thougllfiie will pardon me if I do not answer him at this moment, but do so when I come to that part of the resolution.
Mr. GRIMES. Any time will do, so that we get it.
Mr. SUMNER. You will have. it all. I am dwelling now on the question of the power derived from the positive text of the Constitution to regulate commerce with foreign nations. [say that in the execution of that power we have undertaken to apply all manner of restrictions and regulations to the transportation of passengers. We have gone so far as to provide or the quantity of water that shall be on board, each ship in proportion to every passenger. We have subjected every ship to regulations while at sea, and again to other regulations after arriving in port. The exercise of the power has by practice been placed beyond question. Then, as absoluteliy. I have already sai, it is intrenched in the very bet judicial decisions of our country. I submit that no person can raise aquestion with regard to it.
Mr. MORRRILL. Will the Senatorallow me to ask him aquestion?
Mr. MORRILL. About the question of regulating the importation of passengers from foreign countries nobody raises. a question or a doubt. This is a question of quarantine, in its character police. Is there any precedent in the history of the U.S. where that power has been exercised by the general government?
Mr. SUMNER. I am very glad the Senator greases that question. I meet it. Does the Senator mean to suggest that the some power that can reach to the sea, and determine even the quantity of water that shall he in the hold for each passenger cannot apply the minutest possible regulation when that same ship at least arrives in the harbor?
Mr. MORRILL. Will my friend allow me to answer him right there I
Mr. MORRILL. I maintain that when the passenger is landed and comes within the limits and jurisdiction of the State and Within its police power, the commercial power of the Government ceases at that point, and the treatment of the passenger thereafter is within the police power of the State exclusively.
Mr. SUMNER. I think the Senator goes beyond the decision of the Supreme Court. He overrules that decision.
Mr. MORRILL. I am precisely on a line with the license cases, in which the principle was applied to the importation of liquors, in which the court settled that until they were landed the Government of the U.S. had exclusive jurisdiction, but when they were landed and were undertaken to be distributed the police power of the State intervened and became exclusive.
Mr. SUMNER. At a certain stage I admit that the police power of the State may intervene, but I do nevertheless insist as beyond question that the power of the U.S. is complete over every passenger vessel when it arrives in the harbor, so that it may subjected to any regulations in the discretion of Congress for the public good with reference to passengers. Of course this is discretion to be exercised wisely for the public good, to the and that the public health may not suffer. Strange if the national Government, which is our guardian against foreign fo s, may not protect us against this fearful enemy.
Mr. MORRILL. I do not deny that; I Agree to that
Mr. MORRILL. Now, my query is, can the power of commerce, that power which regulates the passengers on their passage to this country, follow the passengers entirely into the States and overrule the internal police of the States? That is the question.
Mr. SUMNER. Now the Senator ate a question which runs into the question a ready propounded by the Senfrom Iowa, and to which I am coming in due course of time. I have not quite arrived at it. I was illnstratin the power that the General Government would have in the harbor; and now let me give another illustration, which is familiar to my honorable friend; it is with reference to goods which arrive. I need not remind the Senfrom Maine that when goods have arrived subject to duties the customhouse exercises its control according to the prescription of law, not only while those goods are water borne, but after they have been landed, and if they have been landed in violation of the law, it pursues those goods even into the interior.
Mr. EDMUNDS. Mr. President as there are now 2 amendments pending, that of the committee and my own, and inasmuch as the amendment proposed by the Senfrom Massachusetts reaches the same point that I had in view, and may be more satisfactory to Senators, with the leave of the Senate I with draw the amendment I offered, in order that the Senfrom Massachusetts may offer his.
Mr. SUMNER. That being withdrawn, I move now to amend the amendment of the committee in the way I suggested, by striking out in line 3 the word “ War” an inserting “the Treasury;” by striking out in line 4 the words “the Navy” and inserting “ War;" in line 5 by striking out “Treasury” and inserting “ War;” and also by strikiu out the words “whose concurrent action shal be directed by the Commander in Chiefof the Army and Navy” and insertin “under the direction of the POTUS ”
The PRESIDENT proiempore. The morning hour having expired, it becomes the duty of the Chair to call u the unfinished business, which is House bill No. 280, upon which the Senfrom Michigan [Mr. HOWARD] is entitled to the floor.
Mr. CHANDLER. I hope that the special Order will be laid aside informally. I think we can get a vote very soon on this question.
Mr. JOHNSON. I have no desire to go on; not the slightest.
Mr. CHANDLER. I think we can get a vote very soon on this measure.
Mr. JOHNSON. I think not. Mr. CHANDLER. My colleague is willing to wait.
The PRESIDENT protemporc. The unfinished business of yesterday can be laid aside by unanimous consent only.
Mr. CLARK. I think we had better go on with the postoffice hill.
Mr. JOHNSON. Isupposethereis no danger of the cholera coming ere in the next 2 months.
The PRESIDENT protempore. Objection being made, the unfinished business will not be laid aside. postoffice APPROPRIATION BILL. The Senate resumed the consideration of the bill (H.R.No. 280) making appropriations for the service of the postoffice Dept during the fiscal year ending June 30, 1867, and for other purposes, the pendingquestion being on the amendment proposed by Mr. TRUMBULL.
Mr. COWAN. Is there any necessity for a declaration that the rebellion is over? Is there any necessity in a case of this kind for a doc laration that peace is restored?
Mr. COWAN. I beg the honorable Senators pardon for interrupting him, but I know that e has no design to misrepresent the President; I think not, at least.
Mr. COWAN. Has not the President quite as distinctly, quite as plumply disclaime on his art any attempt to influence Congress to admit members from the southern States upon this floor? Has he not said that that rests exclusively with each House of Congress? Mr. Lincoln said “the respective Houses of congress.” Is it not but fair to the President to say that he has never on an occasion or at any time claimed that he ha. the right to dictate to Congress whether they should receive this member or that member or the other? Is not the true question this: when a southern appli cant for a seat comes here, shall the Senate of the U.S. decide upon it for themselves, and shall the HoRep decide for themselves, or shall a JtCommee of the 2 Houses, and both Houses, decide the question rather than the respective Houses, as President Lincoln said, or each House as President Johnson has declared?
Mr. HOWARD. Mr. President, there is in the mind of the honorable Senfrom Pennsylvania or in my own a rent confusion of ideas. I am conibatting this principle, to wit, that it is the right of the POTUS so to reconstruct, re constitute, or recreate the insurrectionary State governments as to enable them, in virtue of his executive decrees, to elect a Senator or Representative at all. That is the point. The mere formal question of the power of each House to decide upon credentials is one which I am not discussing. 1 go far behind that Igo down to the bottom, to the essence of the question, and deny the power of the President to import to the pee lie of any rebel State any political rights whatever; and I claim that that power belongs to Congress and to Congress alone. I have not said that Mr. Johnson had 0161stated that he claimed he had the right to dictate whether this House or the other should admit this rticular member or the other particular memgler to a seat in the House. That is a side issue, as the honorable Senfrom Pennsyhvania readily sees if he understands the question. It has nothing to do with the real question I am discussing. That is the powerof the POTUS to impart political righis to enemies who have forfeited them by may ring war against the U.S.
Mr. COWAN. The honorable Senator will allow me a word, so that we may understand each other; because I really desire to understand him, and I think he is fair enough to de sire to understand other peeple. Do I understand the honorable Senator, then, to say here that, in the rebellion, the rebel States were utterly and entirely destroyed, had no existence whatever in the eyes of the Constitution and the laws, and that the President had no authority whatever to institute nuy measures for their rehabilitation and for theirreplacement in their order as States, and that it is in that of which he comlains of the President?
Mr. OWAItD. I shall not now undertake, for it is unnecessary, to lay down the exact boundaries and limitations of the power of the POTUS, as ommander in Chicf of the Army and Navy, in regard to a conquered people. That is an immaterinlques ton. However, in partanswer to the gentlemans rather prolix interrogatory, I will say, that it is not comctent for a military commander in ie field: whether he be “ Commander in hicf” or acting in another capacity under the Constitution of the U.S., to impart political er legislative rights to the conquered community. bat is what I assert. The commander in Cliief holds the sword of iliysical force; all his acts as Communder in the fnre connected with the prosecution of the war as such, and go not o sible inch beyond the necessities of the war. O has no authority to assume the legislative power that appertains to the Government. who appoints him and whose servant he is, and undertake to exercise legislative authpigi in the country where he is the conqueror. ct the honorable Senfrom Pennsylvania read the numerous cases in Roman history and in Grecian history, and indeed in all other histories in which such attempts have been made on the part of commanders in the field, and he will not find a single instance in which any attempt to exercise legislative authority over a conquered people has been tolerated by the Governmentationic.
Mr. COWAN. I wish to state distinctly to the honorable Senfrom Michigan that my theory is as simple
Mr. HOWARD. I do not wish to be interrupted by a statement of the gentlemans theory. 0, has stated it so often on this floor that I think I tolerably well understand it myself.
Mr. COWAN. I hope the honorable Senator will allow me. I want to make that statement just here as he is addressing his argument to me.
Mr. HOWARD. I am willing to allow almost anything: but I will iiot be interrupted to expose the Senate to the infliction ol an essay
Mr. COWAN. Of course Iwill not persist; but if the gentleman will not allow inc to put the question here, I will put it at a time when he cannot avoid it.
Mr. DIXON. If the Senator had taken the trouble to listen to what I said, or to read it afterward, he would have seen that l expressly stated that the constituency should be loyal as well as the representutive.
Mr. HOWAR. Perhaps I mistake the Senators views; but certain it is that the principle has been repeatedly advocated on this oor.
Mr. DIXON. The President said the same thing in the message from which the Senator has just read. The Senator will certainly find it in one ofhis messages.
Mr. HOWARD. 1 wish the Senator would look it up for me. I have not been so fortu nate as to discover it. Mr. President, it is the character of the constituency that is to be Represented in congress by the person elected, and not that of the mere representative himself. He is but their servant and agent. I
Mr. DIXON. If the Senator will allow me, can repeat from recollection what the President says. The President says that each State ought to be represented when they present themselves, not only in an attitude of Hoyalty and harmony, but also in the persons of Representatives whose loyalty cannot be questioned under any legal or constitutional test. That is his language.
Mr. SAULSBURY. Will the honorable senator allow me to ask him a questioujust there?
Mr. SAULSBURY. If the doctrine for which he now contends be true, I wish to ask the honorable Senator this question: after Tennessee had” assumed to secede, and after Virginia assume to secede, if they were out of teUnion an not entitled to representation upon this floor, why did he, as a Senator, 1 countenance the presence of the present POTUS as a Senator on this floor from Tennessee and the Senators from Virginia as representin a State?
Mr. President, when I 1st took my seat in this honorable body I found the 2 Senators from Virginia here already, but I am frank to say, in reply to the question of the honorable Senfrom Delaware, that if the question had been put to me, as a senator. after the secession of Virginia from the Union, or rather after she had taken up arms as a government against the Government of the U.S., whetherl would admit senators elected by that State, no matter when, to come into the Congress I should have an swered “No.”
Mr. SAULSBURY. One other question: was not the honorable Senator a member of this body when my friend on my left [Mr. Winn 1v] was admitted to a seat on this floor, and when the late Senfrom Virginia, since deceased, was admitted to a seat on this floor, both occurring since the war commenced?
Mr. HOWARD. l do not remember whether Iwas a member of the body at that time or not.
Mr. HOWARD. I know the precedent had already been fixed by the action of the Senate before I took my seat here. The Senators from Virginia were in their seats, and I think there was a change afterward; but the question never was raise as to the propriety of recognizing the Senators from irginia. It will be reinembered, however, that the government of old Virginia has ever been recognized by the action of Congress. Although. as one of the results of the insurrection in that State, their civil government had become dissolved and destroyed. still there was a government, a government for the whole of irginia, organized and in activity in western Virginia; and that government was recognized by the Congress as being the legitimate government of the State. I did not feel disposed to disturb the action of Congress on that subject. But I beg to put the question to the honorable Senator whether he. objected to it.
Mr. SAULSBURY. One other question. The honorable Senator says that the General Government recognized the Legislature which sat at Wheeling as the Legislature of the whole of Virginia. Now, I wish to ask the Senator whether Virginia as a State, as a whole state, before its division into East and WestVirginia, had not assumed to secede from the Union, and whether the military power of Virginia was iiotin possession of a great part of what is now WestVirginia.
Mr. HOWARD. I believe the mere histor ical fact was this: upon the passage of the ordinance of secession, in April, 1861, by the Virginia convention, a new government for the State of Virginia was organized in WestVirginia. It was recovnize as the government of that State by Congress, and we have ever since recognized that government as the government of Virginia, and recognize it to this day. I believe there has been no interrevnum whatever.
Mr. President, I was s ranking of the condition of the rebel States during the war. It is often said that it is impossible for it State to get or to be out of the Union; that these rebel States have always been in the Union; that they have tried to get out of the Union, but cannot get out of the Union; that that has turned out to be physically impossible; and the result, in the minds of some, is that they have always been in the Union and of the Union; that vnoneof their faculties have been lost or impaired by the rebellion, and that on the cessation of the rebellion they are entitled to all the rights and privileges they ever possessed as members of the lnion. Now, sir, what was the actual condition of the rebel States during the war is rather ii barren question; but I have ever been of the opinion that the rebel States were actually out 01 the Union from the time they took up arms met the Government down to the time when their armies were surrendered or disbanded.
Mr. HOWARD. I will tell you what the war was for. There is no doubt about this fact, that there was a universal condition ct armed hostility on the part of the seceding States against the Government. That is admitted. There is no doubt about the further fact that for 4 years and more the Government was engaged in nrpied hostility against these secedingStates. I am not going into the question as to what is the foundation of all government, but I say to Senators, and es e cially to the Senfrom Pennsylvania, that in contests between political communities I knowofnolawhiglhert an physicalforco. Does he? Will he answer “I
Mr. COWAN. I shall be glad to answer at some length, hereafter; but I will give the honorable Senator enough to start on now to carry him through. The several States of the Union are, in my judgment, political communities
Mr. HOWARD. I beg leave to restate the question in order to avoid wandering.
Mr. COWAN. Then the gentleman does not want an answer.
Mr. HOWARD. Yes, sir; I want an answer. the question which I at to the honorable senator is this do you now of any higher law than that of physical force between contending political communities?
Mr. COWAN. I have only to reply that the question in itselfis nonsense; there is no sense about it; and nobody could answer it directly as a question supposed to contain a sensible proposition. I know what the gentleman means y the question, and I will answer him at the propertime, or now if he desires it; but I do not want to interrupt him.
Mr. HOWARD. I am drawing my remarks to a close. I supposed the honorable Senator would treat my query very much in that way.
Mr. COWAN. lfthe Senator will allow me I will put it in shape andaiiswer it.
Mr. COWAN. Very well; we will meet you in the physical and in the spiritual. I believe the meeting in one of those cases was physical and the other spiritual. Now, sir, I might ask here, by what title, by what right, by what authority was the honor able Senator, or anybody else, clothed in this Government to make conquests of his fellow citizens? Is it because he appeals to what he calls the highest law, the law of force? Does he propose to place himself upon that? He asked me, with an air of great triumph, if I knew of any higher law between contending communities than that of force. Sir, I know of no more stupid, brutal law than that of force. I know that it hits to be resorted to, and I know that it is resorted to in the absence of reason, because it has obtained the name of the ultimo ratio regum; or, in other words, when kings have no reason, they resort to force. Now, I was about to say, in answer to the Senators question, but was prevented, that when communities contend, they may submit their differences to ntest such as this, and then the Constitution and the laws are the highest law and force has no place.
Mr. HOWARD. en the use of force is unconstitutional?
Mr. COWAN. Not at all. It was perfectly constitutional and perfectl right with a just purpose in view, but crfect y unconstitutional, perfectly wrong, on without a single apology“, if the end and aim and object was that which is avowed by the Senfrom Michigan today. If the object was to compel the southern people
Mr. COWAN. I beg the honorable Senators pardon. I will give him a chance to say any thiu he leases at the propertime. 1
Mr. OWARD. I be c the Senator will not misrepresent me, as e declines to yield the floor.
Mr. COWAN. If the purpose was to compel the southern people to fulfill their constitutional obligations, and to obey the laws of the Union, then we had a perfect right to do it. Our right was as perfect as that of the sheriff when he compels the felon to surrender to him, and based upon precisely the same round. If, on the other hand, the war was fort c purpose ofconquering those people, holdin them as our vassals, treating them as serfs an slaves, subject to the domination of one halfof the Union, then, I say, it was an outrage upon all right, all authority, and had no warrant anywhere, either in the laws of God or the laws of man; and especially on the part of those who have dese ended from the signers of the DeclarIndep, it would have been an atro city. " anifestations of applause in the gal leries.
The PRESIDING OFFICER, (Mr. Pousnor in the chair.) Order must be observed in the galleries.
Mr. HOWARD. They surrendered to our arms.
Mr. HOWE. Let me ask the Senator where the President gets the authority to set aside the Governors and Legislatures of States.
Mr. COWAN. I should think that a man who had the powerto do a thing indirectly would have power to do it directly.
Mr. HO“ E. I ask the question where the President gets that power.
Mr. COWAN. will tellyou where he gets it. He gets it as the supreme Executive of the nation. He gets it by virtue of the war rant which the American people gave him to go down there and to suppress the rebellion, and to take all that he found in armed resistance to it. Had he not that power?
Mr. HOWE. He had the power to suppress the armed forces engaged in the rebellion; but where did he get the power to depose the governor and the Legislature of a State; and judves, and municipal officers?
Mr. COWAN. precisely from the same source that the constable gets it, precisely from the same source that the sheriff gets it, or the marshal gets it. He gets it under and by virtue of the law. He had the right to drive these people from theirEplaces by virtue of that authority.
Mr. HOWE. Then a sheriff, Iunderstand, would have the same right as the President.
Mr. COWAN. Instead of saying to the man, “You must go out your office, ” the sheriff could do it by arros ng him, and why? Because if the sheriff, who has limited power, allowed the man to go out from his control, he would not be very likely to take him easily again; but the President had all these people in his net, and they could not very readily get out of it.
The PRESIDENT proiempore. the question is on the amendment of the Senfrom Illinois; and the question has been ordered to be taken by ycas&nays.
Mr. JOHNSON. I ask for the reading if the amendment.
The Secretary read it, as follows: SEC. Abife:.That no person exercisingor performing or undertaking to exercise or perform. the duties of an othee which by law is required to be filled by the a vice and consent of the Senate shall before confirmutIon by the Senate receive any salary or compensation for his services. unlesssuchperson becommissionedby the President to fill up avncancy which has happened by depth, resignation or expiration of term, arm; the recess of the Senate and sinceits last adjournment. the questionbeing taken by yeas&nays, resulte yeas 16, nays 23; ABSENT 10. So the amendment was rejected. The amendments were ordered to be engrossed, and the bill to be read a 3rd time. It was read the 3rd time, and passed. EXECUTIVE SESSION.
Mr. NORTON. I desire to call up Senate bill No. 263, to authorize the Wine na and StPeters Railroad Company to construct abridge across the Mississippi river and to establish a post route.
Mr. FESSENDEN. I move that the Senate proceed to the consideration of executive business. That bill will create some discussion, and the hour is rather late, and there are some nominations that I think ought to be confirmed to night.
Mr. NORTON. If the Senfrom Maine will allow me, this bill has been reported from the committee with some amendments. It is quite short, and I do not think it will involve an discussion.
Mr. FESSENDEN. It is hardly a properhour to take u a railroad bill.
Mr. NORT N. It is a short bill, and will involve no discussion I think.
Mr. FESSENDEN. 1 cannot withdraw my motion. The motion was agreed to; and after some time spent in the consideration of executive business, the doors were reopened, and the Senate adjourned.
@@@IN SENATE SENATE. MoxnAY, May 14, 1866. Prayer by the Chaplain, Rev. E. H. GRAY. The Journal of Friday last was read and approved.
Mr. WILSON, from the ComMilAffrs , to whom was referred the petition of William A. Phillips, late commanding officer of the Indian brigade, and others, praying that bounty may be allowed to the 1st, 2nd, and 3rd Indian regiments under the act of Jul 22, l861, reported a JtResolution (S.
Mr. o. 87) to provide for the payment ofbounty to certain Indian regiments; which was read, and passed to a 2nd reading.
Mr. CONNESS, from the ComPostOffices, to whom was referred aJtResolution (H.R.No. 77) for the relief of Ambrose L. Goodrich and Nathan Cornish for carrying the U.S. mail from Boise City to Idaho City, in the Territory of Idaho, reported it with an amendment. BILL INTRODUCED.
Mr. CONNESS asked, and by unanimous consent obtained, leave to introduce a JtResolution (S.R.No. 89) to provide for the payment of claim of Martha A. Estill, administratrix of the estate of James M. Estill, de ceased; which was read twice by its title, and referred to the Committee onlndian Affairs. BRCOMMITTAL OF A REPORT.
Mr. NYE. I move, by the consent of the chairman of the ComRevClaims, to reeommit the report that was made in the case of Frederick.Vincent, administrator of James Le Caze, late of the firm of Le Caze d: Mallett, for the payment of money advanced during the revolutionary war, to that committee. The motion was agreed to. COURTS IN MISSISSIPPI.
Mr. HARRIS. I am instructed by the ComJudiciary, to whom was referred the bill (S.No.810) to change the place of holding the courts of the U.S. for the northern district of Mississip i, to report it back without amendment, an I ask that the bill may be considered now. There being no objection, the Senate, as in ComWhole, proceeded to consider the bill. which provides that the district courts of the U.S. for the northern district of Mississippi now renired to be held at the town of lontotoc shal hereafter be held at the town of Oxford.
Skip Skip The bill was reported to the Senate without amendment, orderengross for a 3rd reading, and was read the 3rd time.
Mr. SUMNER. I shouldlike to know from the Senfrom NewYork the reason for this proposed change. h
Mr. HARRIS. The place for holding the courts for the northern district of Mississippi is now Pontotoc, which is a dilapidated town, inaccessible, with no railroads running through it, and with no convenience for holdingaconrt there. It is proposed to change it to some town on the railroad, a convenient place where the courts can be accommodated. It is the desire of the new district judge that this change should be made. The bill was passed. RECONSTRUCTION.
Mr. STEWART. I desire to offer, for the purpose of amendment to the JtResolution FS. t. No. 78) reported by the committee of 15, the proposition which I now submit. It defines what is meant by “ citizens, ” in the 1st article of the pIOPOSGd constitutional amendment, and strikes out the 3rd section as reported by the committee. I also desire to offer, as a substitute for the 2 bills reported by the committee, a bill embodying both of those bills in one; and providing, further, that when the constitutional amendment, as I propose to change it, shall have been adopted by the requisite majority, and any State lately in insurrection shall have consented to the conditions named in the bill, that State may be admitted, with an alternative offering them, as I proposed before, with a slight limitation, amnesty for an extension of suffrage by themselves in their State constitutions. I propose, in other words, to give them the alternative of enfranchising or disfranchising of disfranchising as proposed by the committee, or of enfranchisilg and receiving amnesty.
The PRESIDENT protempore. The Chair will state that the bills and JtResolution to which the Senator proposes to offer amendments, are not now before the Senate; but this will be regarded by the Chair as notice that the Senator will, when these questions come up, propose the amendments which he has now submitted.
Mr. STEWART. I desire now simply to have an order for their printing. The proposed amendments were received informs ly, and ordered to be printed. sotunms sun SAILORS onrnsss run.
Mr. MORRILL asked, and by unanimous consent obtained, leave to introduce a JtResolution (S.R.No. 88) authorizing the SecyWar to grant the use of certain lumber for the fair for the Soldiers and Sailors Orphan Home; and there being no objection, it was read 3 times and passed. It proposes to authorize the SecyWar to grant the use of lumber, not demanded by the Dept for immediate use, for the eretrtion of temporary buildings in the city ofWashingtou for the national fair for the benefit of the Soldiers and Sailors Orphan Home. LAW LIBRARY OF J. L. PETIGRU. On motion of
Mr. HOWE, the JtResolution (S. It. No. 79) to authorize the purchase, for the Libraryof Congress, of the law library of the late James L. Ietigru, of SCarolina, was read the 2nd time and considered as in ComWhole. It proposes to authorize the JtcomLibrary to contract with the heirs of the late James Louis Petigru for the transfer of the law library left by him to the Library of congress; and too proriate the sum of $5,000 to carry into 2 ect ie purpose of the resolution.
Mr. WILSON. I should like to hear an explanation of this resolution. I do not know why this library should be bought. There may be a good reason for it; if so, I should like to hear it.
Mr. FESSENDEN. I wish to inquire how much it is rgposed to give for this 11 rary.
Mr. HOW. The price is not to exceed $5,000.
Mr. FESSENDEN. I was consulted with reference to this proposition privately before it was acted upon in committee, and I gave my opinion very decidedly against it. I was not present when it was consi cred in the ComLibrary, and therefore 1 do not feel bound by anything that was done there, because I gave no opinion in committee on the subject. Had I can there, I should have opposed the measure: I admit the merits of
Mr. etigru suffered anything or lost any property particularly on account of the difficu ties that occurred. I believe, as he was a very old man, a very eminent man, and a nonrcomhatant, the general understanding and ement was that he was to be let alone. I have not heard of any outrages being practiced upon him or upon his fami y in any way; and with regardto 9. family themselves, his children are not all very loyal persons. Some of them may be. One of then, at any rate, I have good reason to believe is not so. I dare say the widow is a very estimable wo man; but taking it on the whole I think the thing is very improper, bad as a precedent, founded on no principle, and the way in which it is done is a mere s am. I do not like it in any sha e and shall vote against it.
Mr. Preszdent, I am sorry to hear the Senfrom Maine say that he will vote against this preposition. It is true he was not in the committee when this matter was considered; but the proposition received the assent of every member of the committee who was present, and I was in hopes it would receive his assent, though I had not an opportunity of consulting him about it. I hope the Senator will at least reconsider his opposition, so far as to concede that this is nota s am way of doing anything. It is a real, actual, bone. fide way of asking the Congress of the U.S. to appropriate a sum not exceeding $5,000 to purchase these books, this library. I do not discover any sham in that.
Mr. FESSENDEN. De youknow anything about its value?
Mr. HOWE. I never have seen the library. I have seen a catalogue of the books. I have seen appraisals put upon them by book men in NewYork. They iller in their estimates. They value them at from $8000 to $6,000.
Mr. HOWE. I do not know whether they have seen the books or not. It was an posed by the committee that $5,000 would the full value of the library. I think it was the disposition of the committee to pay the full value of the library; it is my disposition. We could get along without these books. The Library does not ache forthem. If it did, we could get them in other quarters. I concede all that; and I confess that my desire was stim ulated to make this purchase by what I had known of the political, relations and conduct of the former owner of the libra.Ido not propose to the Senate to make aldyireet appropriation to reward Mr. Pet to for his fi elity to the Government under which he lived and whose protection he enjoyed. That is not my purpose. But if that man, who was true while e ived, when almost everything about him was false to the core, lefi. anything of value to this Government which it is desirable to us to own, I do think the fact that he was true, the fact that the purchase of that value would be a benefit to her whom he may fairly be supposed to have loved better than anything else on earth that fact, I say, seems to me not a sham, but a real additional reason why we should make the purchase. The reasons why we should make the ur chase are, 1st, that it will supply not a 8 am but on actual want in the Library; 2nd, that it will give us value for the money we appropriate 3rd, that it will furnish relief t the wife of one who while he lived the govrnment had great reason to be grateful to. It furnishes no precedent whatever that will be of an danger. It furnishes simply a precedent in which we purchase property that we want.
Mr. FESSENDFN. I ask the Senator what proof there is that we want it.
Mr. FESSENDEN. I ask for the yeas and navs on the passage of the JtResolution. he ens&nays were ordered.
Mr. JOHNSON. I ask the honorable chair man of the committee if there is any catalogue of the books.
Mr. HOWE. Yes, sir. There was a cata logue shown to the committee.
Mr. JOHNSON. They are all old editions, are they not?
Mr. HOWE. The editions were not given upon the catalo ue.
Mr. JOHNS N. If they are old editions, as I am rather fearful they are, they are comparatively worth little or nothing. Their places are occupied by new editions with additional notes. No one thinks now of buying the older editions, what may be called the classical law books. I would ask the honorable chairman also to whom the money is to be paid.
Mr. HOWE. To the widow. Mi. JOHNSON. It says “ the heirs.” Who are the heirs? I
Mr. HOWE. It was intended to be made to the widow.
Mr. JOHNSON. She certainly cannot be entitled to the whole.
Mr. GRIMES. The resolution does not propose to buy them. h
Mr. JOHNSON. It. authorizes the committee to contract with the heirs.
Mr. GRlMES. Not to purchase but to “transfer” the library.
Mr. FESSENDEN. There is noproof whatever in regard to it. The catalogue was sent to NewYork. It is an old lawyers law library. The Senfrom Maryland and I know very well that they are worth very little.
Mr. JOHNSON. I have some reason to know. I was unfortunate at one time to lose the whole of my own, and I had to buy a library, and I purchased Mr. Wirts law library, more recent than this, and I think I gave for the whole of the librar he had $3.000.
Mr. JOHNSON. 4000 or 5,000 volumes. I know he kept his library full up to the day of his death, was in the habit of buying all the books, and all the editions I got from his estate were good editions; and I only gave $3,000. I am satisfied it was twice as large a library as Mr. Petigrus. Although Mr. Petigru was one of the most eminent men at the bar he was so situated for the last 20 gears, I think, that he was not buying modern ooks. I believe there was a law ibrary in Charleston where he resided, and I suppose he used that. It is a very common thing now in all the cities for the courts to have a library of their own, or for the bar to have a library to which all resort; and there are very few law yers who keep up with the books; and I rather fear it will be found that that was the case with Mr. Petigru. No man in the Senate could be more anxious to show respect for his name than myself. I think the last letter he wrote he addressed to me, and I published it after his death in the Intelligencer, in which he regretted what his State had done, her determination to secede and spoke with all the love and devotion to the Union that any of us could feel, and stated that he really had hoped. as he was living when the Constitution was adopted, that he should not die after the Union formed by the Constitution was at an end. As far, therefore, as personal motive could animate any member of this senate and I am sure every member of the Senate is willing to do all he can to show respect for the memory of a man like that I sh0uld be influenced, but I cannot agree to buy a library like this on the same ground on which I would give $5,000 to the family.
Mr. HOWE. If the yeas&nays can be withdrawn I should like to have the resolution laid over. I see the purchase is to be made of the heirs.
Mr. CLARK. It can be laid over without withdrawing the call for the yeas&nays.
Mr. HOWE. Let it lie over; it will have to be amended I see.
The PRESIDENT protempore. it is moved that the further consideration of the resolution be postponed until tomorrow. I
Mr. HOWE. Perhaps the vote orderirff the resolution to be engrossed for a 3rd reading ought to be reconsidered.
The PRESIDENT protempore. In order to amend it, it would be necessary to reconsider that vote. The Chair will put that motion to reconsider now if the Senator makes it.
The PRESIDENT protemporc. It is now moved that the further constderalion of the JtResolution be postponed until tomorrow. The motion was agreed to.
Skip Skip LEAVE OF ABSENCE. Mr. SPRAGUE. I desire to submit a motion that my colleague, Senator ANTHONY, be granted leave of absence for one week.
Mr. SHERMAN. I have no objection to granting the leave, but I wish to know what is the effect of it. It seems to be a new habit which has sprung up recently, or else an old habit revived.
Mr. SPRAGUE. It is, as I understand, a simple courtesy of the Senate. That is all. 18
Mr. SHERMAN. I have no objection if it has no other effect.
Mr. SPRAGUE. Thatis vmyunderstanding. The motion was agreed to.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep. by Mr. LLorn, its Chief Clerk, announced that the HoRep had passed, without amendment, the bill (S.No.310) to change the place of holding the courts of the U.S. for the northern district of mississippi. The message further announced that the HoRep had agreed to the amendments of the Senate to the JtResolution (H.R.No. 66) relative to the courts and postoffice of NewYork city, and the amendments of the Senate to the bill (H.R.No. 397) to authorize the coinage of live cent pieces. ENROLLED BILLS SIGNED. The message also announced that the Speaker of the HoRep had si tied the following enrolled bills and Jtresolutions; which were thereupon signed by the President protem ore of the Senate: A bil (H.R.No. 611) imposinga duty on live animals; A bill (H.R.No. 567) to amend an act to establish the grade of vice admiral in the U.S. Navy; and AJtResolution (H.R.No. 183) relative to the attempted assassination of the Emperor of Russia. BRIDGE AT WINE NA.
Mr. DOOLITTLE. I should like to inquire of the gentleman who has this bill in charge whether the description of the draw and spans of the bridge is the same in this amendment as was inserted in the bill allowing the construction of bridges at Quincy and Hannibal.
Mr. RAMSEY. This bill was considered by the ComPostOffices, who had the other bridge bills in charge; and it is similar to the one we passed a few days since. The bill, however, is in charge ol my colleague.
Mr. DOOLITTLE. The same height above high water mark?
Mr. RAMSEY. The same height and the same s an.
Mr. DOOLITTLE. I do not know that I have any objection to the amendment, but I wish to ask my honorable friendfrom Minnesota to let this bill lie over till tomorrow. I wish to have an opportunity to look into it. It is a matter that deeply concerns the interests of Wisconsin and some of the great thorough fares Of that State. It may be that I shall be compelled, after an examination, to offer an amendment to allow the building of a bridge also at LaCrosse, across the river. I shall not make any objection to this amendment if it provides for the same sized spans which were Esquired in the bill for bridges at ILannibal and army.
The PRESIDENT protempore. The question is on the amendment reported by the committee, to strike out the 2nd section of the bill and insert a substitute in lieu thereof, which has been read. The amendment was agreed to.
Mr. DOOLITTLE. I now ask that this bill be postponed until tomorrow; and I make a motion to that effect. I have not had, and I do not know that my colleague has had, an opportunity to look carefully into this matter. It Ye mach affects Wisconsin. We will at the ear iest opportunity consult in relation to it and look into the bill, and as I have already stated we may perhaps desire to submit the amendment to which I have referred.
Mr. NORTON. I hope the Senfrom “iseonsin will not persist in his motion to post pone the bill, certainl not with a view to offer an amendment providing for the building of a bridge at LaCrosse. That is an entirely separate bridge connecting separate and distinct roads. There will be certainlyno objection on our part to the passawe of a separate bill for the building of a bridge at LaCrosse, but it seems to me there can be no propriety or necessity for adding it. as an amendment to this bill. This bill is reported from the ComPostOfficesRoads with the same provisions as to details, the draw, and other matters of construction, that were contained in the bill passed a short time since for the building of a bridge at Quincy. I ho.e the Senator will not insist on his motion. f he desires the constructionof a bridge at LaCrosse, we certainly shall make no objection to a bill for that pnr lose.
Mr. DOOLITTLE. I will state to my honorable friendfrom Minnesota that I have not given very much attention to this subject, but it has been stated to me that the State of Wisconsin, when application was made to the Legislature, refuse to grant too company the right. to build a bridge at the point which is referred to in this bill. At the present time there is no railroad in Wisconsin which reaches the Mississippi river at this point. The great railroad which reaches across our State, the most northern road, reaches the river at LaCrosse. Opposite the Mississippi river at LaCrosse, asI understand, a railroad is already in progress which now extends, I think, into minnesota some 20 or 30 miles from the river, and there is the point where 2 railroads would communicate if they had abridge. But at this point, Wine na, there is, as I understand, only a road, commenced at Wine na run ning westward into the State of Minnesota. There is not yet any railroad in Wisconsin reaching the river opposite to Wine na.
Mr. HENDERSON. How far is that from La. Crosse 2 Mr.DOOLITTLE. About 40 milesabove LaCrosse.
Mr. DOOLITTLE. By the river I think it is 40 miles; perhaps in a direct line it is not more than 29. I hope my friendfrom Minnesota will consent to let this bill go over. I have no disosition to delay or prevent action upon it, at I desire that my colleague and myself shall have an opportunity to look into it, which, I confess, I have not as yet had the opportunity to do.
Mr. NOR ON. I have no objection to the bill going over, as the unfinished business, so that it can come u tomorrow. It is very important that.thisbi lshould pass, for the reason that the company who ask tor the privilege of building this bridge tropose to bui d the road on the east side of the river. There are now some 70 miles of road running west of the river, but there is a distance of about 28 miles to build on the east side of o river, which they propose to build this summer, and it is important that they should have the authority to erect this bridge. If the bill can go over so that it can come up tomorrow as the unfinished business, I shall not object.
Mr. SUMNER. Iwill makes motion which will allow the bill now pending to go over, substituting another for the consrderation of the Senate. I move that the Senate now postpone the pending and all other orders, and proceed with the consideration of House hill 0. 11. I think we can finish that today, if we take it u. Mk. MORRILL. I desire to take up a bill that is very important, and I a peal to the Senator to allow me to do so. this a bill to prevent smuggling, which it is important should e considered as soon as possible.
Mr. SUMNER. I know the importance of the Senators hill, but I submit that we ought not to enter upon that until we have disposed of this little bill; it is a very short bill.
Mr. MORRILL. As the Senator has not the special charge of the bill which he moves to ta e up, I cannot appeal to him; but I had a conversation this morning with the chairman of the ComCommerce. who has the special charge of it, and obtained his consent, I thought, to proceed now with the bill to which I have referred and in which he is vastly more interested than I am. It is a bill that ought to be considered. It is a bill to prevent smug gling. The public service is suffering, I am told, for the want of it.
Mr. SUMNER. I think we can dispose of the other bill today.
Mr. MORRILL. I think it very likely you can, but wg can dispose of this also. The senators bill has passed the other House, and only needs the consideration of the Senate. while this bill has received the consideration of neither House. It is very much demanded, I am told, by the Treasury Dept. It is a bill that as occupied a good deal of the time of the Dept and of the committee, and certainly needs the consideration of this body at the present time. I thought I had the consent of the honorable chairman of the committee who takes an interest in the Senators bill, to proceed with this. I suggest to the Senator that we can vote upon that bill at almost any time, and then it will be concluded, while this bill is in its incipiency and uires the action of both bodies. [hope my riend will allow this bill to be taken up.
Mr. SUMNER. I am in favor of the bill which the Senator has in charge, but I understand he is not in favor of the bill which I now move to take u.
Mr. SUMNER. Therefore we are not on a perfect equality. Iam disposed to be more liberal to him than he is to me. It seems to me, therefore, the Senator rather takes an unfair advantage in pressing against me a bill which he knows I am in favor of when he him seef is against the bill that I wish to have considered. I think, as we have had the bill which I move to take up under consideration so many days, we had better take it up today and finish it, and make an end of it.
Mr. MORRILL. [do not think you ought to antagonize that bill against this.
Mr. SUMNER. 1 know you are against the bill.
Mr. MORRILL. I will try the question, and if the Senate say so, very well.
The PRESIDENT protempore. the question is on the motion of the Senfrom his sachusetts to postpone the present and all prior orders and proceed to the consideration of the bill (H.R.No. 11) to facilitate commercial, postal, and military communication among the several States.
Mr. GRIMES. Do I understand that the 2 bills now antagonized against each other are the Camden and Amboy bill, proiposed by the Senfrom Massachusetts, an the biIl that comes from the Treasury Dept to prevent smu gling on the frontier?
Mr. MORTHLL. Yes, sir. l o and the Senfrom Wisconsin to postpone the con
Mr. GRIMES. Then, those in favor of the bill from the Treasury Dept will vote no.
Mr. SUMNER. Oh, no; that is not so; I am in favor of that bill.
Mr. DOOLITTLE. The motion is to postpone the Mississippi bridge bill, and the Senfrom Massachusetts moves to take up this Camden and Amboy bill, and the Senfrom. Maine moves to take up the bill to prevent smuggling. Now, cannot the question be divided, and let it be taken 1st on the motion to postpone, and then on the motion to take up? I ask fora division of the question, so that the vote may 1st be had on postponing the Mississippi bridge bill; and then the question will arise which we will take up, the Camden and Amboy bill or the bill to prevent smuggling.
Mr. CONNESS. I hope my friendfrom Massachusetts will withdraw his motion for the present and let us pass this bill for the prevention of smuggling. It is an important illand will excite no discussion and will not occupy much time; and then I will vote with the senator to take up his bill. I do not want to vote against. him; and I hope he will take this course. The bill of the Senfrom Maine will not occupy much time, and it is public business that ought to be attended to.
The PRESIDENT protemporc. The suggestion that the motion be divided, in the opinion of the Chair cannot be granted, inasmuch as the question is not one that can be divided. The motion of the Senfrom Massachusetts was to postpone the present and all prior orders and proceed to the consideration of a given bill. The motion is not.suse eptible of division, in the opinion of the Chair, in the manner in which it. now comes before the Senate.
Mr. SUMNER. At the suggestion of a friend of the bill that I wish to bring forward, following his suggestion, somewhat against my own judgment, I withdraw in motion; but I wish it understood that I sha l renew it here after.
The PRESIDENT protempore. The Senfrom Massachusetts withdraws his motion,question now is on the motion of the sideration of the bill before the Senate to authorize the building of a bridge across the Mississippi until tomorrow. The motion was agreed to. PREVENTION OI" SMLGGLINE .
Mr. MORRILL. I move that the Senate now proceed to the consideration of Senate bill No. 222, further to prevent smuggling, and for other purposes. The motion was agreed to; and the Senate, as in ComWhole, proceeded to consider the bill. The bill was read at length.
The PRESIDENT protemporc. The amendments reported by the ComCommerce will be read.
Mr. MORRILL. If the Senate will indulge me, I will make a general statement in regard to this bill, as perhaps I ought to do before the amendments are acted upon. This measure was prepared at the Treasury Dept; and though the details are pretty extensive, the changes in the law are not very radical, and perhaps they will all be comprehended in a general statement that the provisions are intended to alter the several statutes bearing upon the question of smugfiling, from 1791 down to the present time. 0st of those stat utes are not embodied in this act, and it does not profess to be a revision of that system, but is amendatory of the law touching the general subject of the acts to prevent smuggling, and there are sundry new provisions. Ihese new provisions a ply chiefly to the northern, north eastern, an northwestern frontiers, and are suggested by the relations which have s run up in a few years past between the rttis Provinces on this continent and that region of our country. The bill does not look to change particularly in any way the officers of the customs. I am not aware that it adds new officers or that it in any way directly changes the compensation.
Mr. JOHNSON. I so understand its reading.
Mr. MORRILL. I believe thereis no authority to abolish any otheers except in a contingency. The main feature of the bill is to amend the statutes to prevent smugglin, according to the experience of the Treasury Dept, to render them more efficient, and to add such additional sections as have been suggested by the exigencies of the times. These are the chieffeatures of the bill, and I believe all the details will be found to fall under this general statement. The everal sections and amendments thereto, having reference to the old stat utes, statutes which are not new, very nearly explain themselves, so that I do not feel called upon to make any extended explanation of the sections in detail. I shall be glad to explain any section to which my attention may he called.
The PRESIDENT protempore. The See retary will read the amendments reported by the ComCommerce in their order.
Mr. JOHNSON. It seems to me that this is a departure from all the rules which experience has proved to be just and righteous. The object of the section is to prevent the illegal importation of certain articles of merchandise mentioned in it. I think the Senate had better look at it, for the amendment changes the section very materially. The section provides: That if any person shall fraudulently or knowingly import or bring into the U.S., or assistin so doing, any goods, wares, or merchandise.contrary to law, or shall receive, conceal, buy, sell, or in any manner facilitate the transportion, concealment, or saleof such goods.Wares, or merchandise, after their importation, knowing the sametohave beenimported contrary to law, such goods.wares, and merchandise shall beforfeited As the bill originally stood, in the event of a prosecution, it provided that “the guilty knowledge of the defendant when convicted of the fact”tha.t is to saypwhen convicted of the fact of receiving, buying, or selling goods that had been improperlyimported “ shall in all cases be presumed, unless he or she prove thyI contrary.” That is contrary to all ideas of aw.
Mr. MORfiILL. Oh, no; it only applies to smugglers.
Mr. JOHNSON. You might buy goods from them without knowing it. There are a few smugglers, perhaps, on the coast of Maine; I think it very likely that a rent deal of the smuggling has been in that neighborhood. My friend might be in Castine and might buy code that had been improperly smuggled in astine. Suppose he should be prosecuted. The roof against him would be that.the goods had been smuggled in and that he had bought them. That is a very good ground for prose outing; and the only thing to be proved is, that he did know (in the absence of this legislation) that they were smuggled; but if you adopt this amendment it is not necessary to prove that. They will prove the fact of the illegal importation and the fact of the purchase, an then call upon him to prove that he did not know that they were illegally importedotherwise he would be subjected to the for eiture. I do not see the occasion for it. I repeat, that in all cases, no matter what the character of the offense is, if the prosecution produces evidence which, in the judgment of reasonable men, under the direction of the court, tends to criminate the offender, if the jury do their duty, unless it can be explained away, they convict him; but this goes a great way beyond that. It assumes guilt from the mere fact that the party has bought or sold the goods illegally imported, and casts upon him the burden of proving his innocence.
Mr. JOHNSON. From the prize law and the admiralty law.
Mr. SUMNER. Is not the admiralty law derived from the Roman jurisprudence?
Mr. MORBILL. There is no ifference between that provision and this, except that in the statute of 1799 it applies to property; property was proceeded against there, and now this is a proceeding against the person. The principle is precisely the same. It seems to me that in principle it is not so objectionable as is supposed by the Senfrom Maryland, and then in practice I am sure that any other rule would be found to be extremely mise hiev ous.
Mr. HOWE. I was not able to agree with the committee upon this amendment, and since listening to the remarks of the Senfrom Maryland I am no nearer agreeing with them than I was before. I think if the impropriety of this proposed amendment could be demon strated, the Senfrom Maryland has dem onstrated it. There are 2 ways in which this amendment may be regarded. If you look at the literal import of the words proposed to be inserted here, it seems to me it provides what nobody in the world would agree to. I am entirely agreed that the words proposed to be struck out should be struck out; so far I accede to the amendment; but as to inserting the words proposed to be inserted, Iam utterly opposed to it. The fact to be tried is a single one. It is not the selling of imported goods contrary to law, or the buyi of goods which have been imported contrary to law. These are not crimes, not made so, not regarded so by the section. The offense here provided for is the selling or buying importe goods with a knowledge that they were imported in violation of the law. It is doing these tings, with knowledge of the illegal character of the act. That is what the section is driving at. That is what it is proposed to punish. The cause upon which the defendant is arraigned is, for instance, the purchasin of goods, or the concealing of goods, or the uying of goods, knowing them to have been imported contrary to the law. This amendment proposes to say that the burden of proof shall ie on the defendant in case the judge says there is probable cause for the prosecution. What burden of roof I
Mr. WILLIAMS. Mr. President, I feel a little interest in this bill as I live on the north western frontier where there is more or less of the business of smuggling, and I know that there is a necessity for stringent legislation upon that subject. I believe that this amendment which is proposed by the ComCommerce to this bill is not objectionable, and I am not very certain that the bill as it origin ally stood would be too strong in its application to cases of this description. To import goods into the U.S. is a lawful business, though goods may be imported contrary to law, and in that respect the business of importation stands upon a different footing, as it apears to me, from other kinds of business to which reference has been made during this discussion for illustration. Larceny is not a lawful business, burglary is not a lawful business, arson is not a lawful business; but the importation of goods is a lawful business, and therefore there is greater difficultyin detecting a violation of law in that business than under other circumstances that have been suggested by those who object to this amendment. This amendment, as understand it, where probable cause appears for a prosecution, transfers the onus probandi to the defendant. I do not think that this provision contravenes the provisions of law applicable to criminal prosecutions in other cases as has been suggested. Now, where a man is prosecuted for larceny and has possession of the stolen goods within a reasonable time after the commission of the crime, that time is presumptive evidence of his guilt, and it becomes necessary for him to explain that possession and rebut the resumtion which arises from that fact. where goo s have been imported contrary to law, and they are found soon after their importation in a mans possession, this amendment simply requires him to explain that possession and show how he came to have in his hands goods that had been imported contrary to law.
Mr. CLARK. suppose the Senator should turn his attention to the case of a man who has counterfeit money in his possession, which is an offense where there is an intent to pass it, would it be quite just to impose the burden of proof on the man who happened to have the mone? A man may buy an article which has been imported contrary to law, not knowing it, in the same way that he may have a counter feit bill and not know it. The law does not impose upon the man having the counterfeit hi] the onus of the proof showing that he did not know that it was counterfeit. It is a caSe more analogous to this than the one put by the Senator, I think.
Mr. CONNESS. Mr. President, if the illus trations given by the honorable Senfrom Oregon were to be taken as an exem lification of how this section was to be applie, I should hesitate very much before I should vote for the proposed amendment. The honorable Senator says that the captains of ships and the owners of ships must be made responsible when they brin goods into the country which are contra ban goods, which are dutiable, but upon which the duties have not been paid; that they must be subject to punishment. I think he gives us an illustration that would, in the cases to which he calls our attention, prohibit all trade whatever. I submit to the Senator himself, in regard to the ships trading between Oregon and the British port of Victoria, in British Columbia, and between that port and the ports of California, that it is simply impossible for the captains of those vessels to know the contents of every trunk that comes on board. How can it be done? Must a captain demand that every trunk and every packalge shall be opened before it goes on his ship? apprehend not; and yet if a trunk is found to contain opium when it arrives at Portland in Oregon, or SanFrancise o in California, in possession of a passenger without the knowledge of the captain, it being impossible for him to know, he having exercised all the vigilance possible
Mr. JOHNSON. In a passengers private baggra.ge? In his private baggage I am speakingof. His shipisatstake;alt ough his ship may not be forfeited by the law, e knows that he will be subject to continuous and expensive prosecutions and litigations with all the diligence that he can exercise; and incited by these consequences, he is yet to be held responsible. I think it would be the interest of every man to put his money into something else than into American ships under such circumstances.
Mr. WILLIAMS. The Senator will allow me to so that is not my position. I simply say that e ought to be responsible unless he can show that he was ignorant of the fact, and therefore innocent. When the master of a vessel imports goods into the U.S. contrary to law, the onus of proving his inno cence ought to be upon the master, in my opinion.
Mr. CONNESS. Does the Senator not use aterm not exactly the best there, when he speaks of the master of a vessel importing goods? The master of a vessel commands the ship. The cargo is taken on board. The cargo consists of goods imported by merchants in Port land or in SanFrancise o. They are the importers. They know the contents of the cargo. The captain cannot possibly know; he is not theimporter in any sense as I understand it. He simpl commands the ship and sees that his ship is safe from port to port. It is true that the law holds him not to be in complicit with the violation of the revenue laws, and that is right. But if he have no such complicity at all, why shallyou constructn law that shall hold him for knowin the contents of every private package broug t on board of his ship! If that were the effect of this amendment I could not vote for it; but I do not so undershnd the amendment. I may misunderstand it, but if that be its effect I think it ought not to be adopted. All that the laws of the U.S. can hold our ship masters and ship owners to is the honest exercise of all the vi dance that they can employ togrevent smug gling. When they have yields that much, they should certainly not be held responsible further than that.