Mr. OWARD. I do not rise to detain the Senate on the question of this amendment.
Mr. HENDRICKS. If the Senator does not desire to go on to uight I will move an adjournment.
Mr. HOWARD. I shall occupy but a few minutes. The effect of the amendment of the honorable Senfrom Vermont will be to withdraw the protection afforded by this bill from all persons who have committed any of the acts contemplated by the bill in any State where martial law has not been proclaimed. I so understand the amendment of the honorable Senator, and ifl misunderstand iIt should be very glad to be corrected.
Mr. EDMUNDS. The effect of the amendmentis this: in all States where martial law did not exist at the time of the supposed act. whatever it may have been, and in all Statea where there was no rebellion, this statute does not, in and for itself, operate as a defense, but it still allows, if my amendment be adopted, a transfer of the cause to the Federal courts, and to he defended there upon the sameprinciples that any other not of a public officer would be.
Mr. HOWARD. Simply applying it, then, to the question of removal?
Mr. HOWARD. Well, Mr. President, I can not. vote for this amendment. I cannot by my tote turn over an innocent officer or soldier of the Union. who has done such acts as are contemplated by this bill, to the verdict of a local jury That would he the consequence, if I understand it, of the adoptionof the amendment of the Senfrom crmont. It would be to expose defendants in all such cases to the political. prejudices and personal prejudices which might happen to exist in the particular locality against the person who happened to be a defendant.
Mr. DOOLITTLE. If the Senfrom Michigan will give away, I desire to suggest. that this is a very important question; and l undemtand that it is desirable that there should be a short executive session. If the Senator will give way, I will move an executive session.
Mr. HOWARD. lfI intended to make a speech of any length I would give wa with great pleasure: butasI shall close soon, hope the Senate will indulge me to the end.
Mr. DOOLITTLE. This is a very important question, and I should like to hear the Sea ator upon it.
Mr. HOWARD. Mr. President, what is meant by " martial law” in the amendment of the honorable Senfrom Vermont? What does it include? Is it the martial law that is to be established, or was established, by simple proclamation of the commander of the Dept or of the particular district? ls such a proclamation, even in a loyal State, the sole origin of martial law, and is it necessary in every case that there should be such a proclamation in order to justify the commander of the Union forces in the seizure of property that he might find absolutely necessary for the subsistence of his troops? Surely I did not suppose that the honorable Senfrom Vermont would give such a narrow definition to the term “ martial law." I do not understand it to be thus lim ited. Take the case of Illinois or of Ohio. Union troops have been marched and counter marched through those States; actual hostil ities have existed in those States; battles have been fought in Ohio and in Pennsylvania, neither of which was proclaimed to be under martial law, and fought in particular localities where there is no pretense that martial law had thus been proclaimed. I ask the honorable Senfrom Vermont whether there be not the same necessity in such cases to extend this protection to Union officers and Union soldiers as there was in localities subject to the formal proclamations of martial law.
Mr. HOWARD. The honorable Senfrom Vermont says he does not think there is that necessity. There may not be that necessity to the same degree in reference to all these States. I probably should not dissent from the honorable Senator in that view of the question: but that there is some necessity, that that necessity is of sufficient magnitude to justify us in passing this act, I have no doubt. What was the casein SCarolina, for instance. during Shermans famous march to the sea? Was there martial law in SCarolina proclfaiined by the commander? I never heard O it.
Mr. EDMUNDS. It was not represented in Congress.
Mr. HOWARD. But that makes no differonce as to the principle. Now, sir, the great object of this bill is, in every case where a soldier or otheer has acted in good faith under an order addressed to him or intended for him, to extend to him the protection of the law as against the consequences of any act which he might do and perform under that order or under color of that order, and to enable the defendant in such case as that to transfer the resecution or the suit (for the proceeding may he criminal or it may be civil) from the local or State tribunal to a Federal tribunal, thus giving the defendant an opportunity of presenting his case to a court and a jury not in fected by the local prejudices of the place where the act was committed. I must confess that I see no ground or reason reconsider the vote by which the several rop whatever for drawing the distinction that isl drawn by this amendment of the Senfrom Vermont. 1 see no reason why it. should not i be applied as well in loyal States in the case of acts by military officers or soldiers as to the same acts when performed in rebel States or in any State under martial law. The reason is the same in both cases. the great object being the protection of the soldier or the officer in the discharge of his duty, and that is a duty which I hold devolves upon Congress. A soldier or an officer who is a subordinate must. not omit to obey the order. If he refuses to do so it is always at the peril of his life or of imprisonment; and to expose a person thus situated to the consequences which might flow from a suit or prosecution in a community where there were strong prejudices againsthim is something I imagine which we ought not to do. The bill is nothing, in my judgment, but simple. naked justice, applicable to one case as well as to another, and to one locality as well as another.
Mr. SHERMAN. 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. Wiznussnsr, April 18, 1866. The House met at 12 oclock in. Prayer by the Chaplain, Rev. C. B. Bovsros. The Journal of yesterday was read and approved. GRANT or LANDS to WISE ONSIN.
Mr. PAINE, by unanimous consent, presented the memorial of the Legislature of the State of Wisconsin, for a grant oflauds to aid in the construction of so much of the Portage and Superior railroad as extends from Fond du Lac to Ripon; which was referred to the ComPubLands, and ordered to be printed.
Mr. PAINE, by unanimous consent, also presented the memorial of the Legislature of the State of Wisconsin, asking the assent of Congress in reference to the route of the land grant railroad from Portage to Baylield and thence to Superior: which was referred to the ComPubLands, and ordered to be printed. COMMANDER J. c. CARTER.
Mr. SCOFIELD, by unanimous consent, introduced a bill for the relief of Commander J. C. Carter; which was read a 1st and 2nd time, and referred to the ComNavAffrs. GRANT! OF LANDS to DAKOTA.
Mr. BURLEIGH. by unanimous consent, introduced the following hills; which were se v erally read a 1st and 2nd time, and referred to tlh ComPubLands: A bill granting lands to aid in the construction of a railroad and telegraph line from the city of Yancton, in the Territory of Dakota, to the west line of the State of Minnesota; and A bill to amend section 2 of an act entitled “An act donatin public lands to the several States and Temtories which may provide colleges for the benefit of agriculture and the mechanic arts."
Mr. WASHBURNE, of Illinois, moved topositions Were referred; upon the table. Agreed to. JAMES G. CLARKE
Mr. PATTERSON. Mr. Speaker, last. Friday l reported back, from the ComForAffrs, Senate bill No. 248, for the relief of James G. Clarke. It was objected to by the Gentfrom Illinois, [Mr. Wasn BURNE] and went upon the Private Calendar. After having examined the claim, I understand that he withdraws his objection.
Mr. WASHBURNE, of Illinois. The Geno tle man is somewhat mistaken in saying that I objected to the bill. I merely asked for the enforcement of the rule requiring bills making appropriations to go to the ComWhole for their 1st consideration. While I do not object to taking the bill up, I do not say I will not object to its passage. Perhaps the bill is right in some aspects, but it is a bad prisedent to pay a man for an Office he never e.
Mr. PATTERSON moved that the ComWhole House on the Private Calen dar be discharged from the further consideration of the hill. The motion was agreed to. The bill, which was read, provides that the SecyTreasury he directed, out of any money in the Treasury not.otherwise appropriated, to pay to James G. Clarke the sum of $6, 483 96, in full for services as acting charge daffaires of the U.S. at Brussels from June 11. 1857, to September 27, 1858. The Clerk then proceeded to read the report.
Skip Skip The bill was ordered to he engrossed and read a 3rd time; and being engrossed. it was accordingly read the 3rd time and passed. Mr. PATTERSON mtRtv the bill was passed; upon the table. Agreed to. PERSONAL EXPLANATION.
Mr. EGGLESTON. I ask the gentleman to ield to me for a question of privilege.
Mr. MORRIS. Iwill yield if it will not take 5 minutes.
Mr. EGGLESTON. Day before yesterday one of the Representatives of WestVirginia [Mr. WHALEY] made a statement in reference to a paragraph in a newspaper, attributing the authorship of that paragraph to a constituent of mine, Mr. H.V. N. Boynton. That gentleman, wishing to set the matter right before the House, has sent me the following letter, which I ask the Clerk to read.
The Clerk proceeded to read the letter, as follows: WASHINGTOS.D. 0., April 17, 1866. DEAR SIR: It appears from this mornings Globe that Hon. KELLIAN V. WHALRY causeda newspaperparagraph, cut from the Cincinnati Gazette, to read at the Clerks desk yesterday, wrongfully intbi e mating that.Mr. WHALEY was not roficient in the elementsof the Latin language; an thathothen. in some very well chosen remarks, proceededto de nounce inc by name as the writer of the paragraph. I desireto stateto you. asrepresenting the district in which I reside. that the article did not originate either directly or indirectly. with anyoneconnect. with the Gazette, but that it was a mere selection without.heading or signature, which has been published in nearly all the
Mr. JENCKES. I would inquire ifthe Gentfrom WestVirginia[Mr. wHALEY] is in his seat. A MEMBER. He is not here.
Mr. JENCKES. Then I ask that thercuding of the communication be discontinued until he is present. Several Mimaaus. Oh, no; go on.
Mr. RANDALL, of Pennsylvania. I object to its further reading.
Mr. FARNSWORTH. It is no reflection upon the Gentfrom WestVirginia.
Mr. RANDALL, of Pennsylvania. It is all wrong.
Mr. FARNSWORTH. It is merely a disclaimer. Disritier COURTS IN sew YORK.
Mr. MORRIS. I yield to the Gentfrom Ohio, Mr. Dunno]
Mr. DEL NO. I ask leave to introduce a bill (H.R.No. 134) to regulate the terms of the U.S. courts in the eastern district of NewYork and for other purposes.
The SPEAKER. The Gentfrom NewYork [Mr. Monais] is entitled to the floor, but the Gentfrom Pennsylvania [Mia Ase ons] objects.
Mr. MORRIS. I hope the gentleman will allow this bill to be submitted. It is ofaloenl character, pertaining to the courts of NewYork.
Mr. ANCONA. I do not object to the Gentleman introducing his own proposition, but I do object to his yielding to friends on that side and not to those on this side.
Mr. BOYER. I renew the demand for the ic lar Order of business.
Mr. MORRIS. I have troubled the House very little.
Mr. MORRIS. Much obliged. ORGANIZATION OF THE PENSION OlffICE. The House proceeded, as the regular order of business, to the consideration of the unfinished business of yesterday, being House bill NO, 278, reported from the Committee on Ill valid Pensions, in amendment of the several acts relating to the organization of the Pension office, With an amendment in the nature of a substitute therefor. The pending amendment was to strike out the 2nd section of the substitute, as follows: Stu. 2 and be“ Abife: That the secyInterior shall appoint, from the 4th class clerks in tbp Pension office. onc chicl examiner of Army invalid pensionclaims. one clliot examiner of Army pension clnlnls of widows. lnmllcrs and or phans, and one chief examiner of Navy pension claims: eachofsaid chief examiners shall beallowed #20operannum in addition to the salaries already allowed to clerks of the 4th class: lmoilavl, Ibat nothing in this section shall besoconstruedasto authorise the appintmeut of a largor numberoffourlll class clerks t on is now provided by law. including the examinersafore The amendment was agreed to. The question then recurred on agreeing to the substitute, as amended, as follows: Be it mdedbu a Smutealul HoRep the U.S.A. in Congress assembled. but from and after the passage ul this nctthasnlnry of the ComrPension shall be $4000 perannum and the salary of the chief clerk of the Pension Odicc shall be 82,5101: annual.
Mr. PERHAM. I yield to the Gentfrom Ohio, [Mr. EocLssron] A
Mr. EGGLESTON. This bill as it now stands merely increases the salary of the ComrPension from $3000 to $4,000 per annum, and the salary of the chief clcrk from $2,000 to $2,500. The question for us to decide is whether it is right and just that this increase for these 2 Officers should be made. I have given the subject some little attention, and the chairman of the committee stated to the House yesterday mornin the relative salaries of other officers in simi or situations in this city. I was fully convinced, after heal“ing that statement that it was my duty to vote for this increase O salary, and I hope that my friendfrom Illinois, [Mia Wnsnnumvsd who is always so watchful of the Treasury in this House, will not raise objection to the passage of this bill as it now stands. I find on looking over the list of salaries that the Superintendent of the Coast Survey gets $6,000 perannum, the Comptroller of the Currency $5,000, the Treasurer of the U.S. $5,000, the ComrIntRev $4,000, and the ComrPatents $4, 500. Now, I undertake to say that neither of the Officers I have named have as many arduous duties to perform as has the ComrPension. Every one acquainted with that Dept knows how well and faithfully that officer is daily attending to his duties. I have had some experience since I have been stop ping in Washington as to the expenses here, and I am satisfied that $3,000 perannum will not meet those expenses, or come within 1,000 dollars of it. I hope that in consideration of these facts each member will vote for this measure as it is just and proper.
Mr. PERHAM resumed the floor. Mr. ROSS: I desire to move to amend the lilll by striking out “$4,000” and inserting Mi. PERHAM. I am unwilling to yield for an amendment of that kind.
Mr. ROSS. Then allow me to make a remark for a moment or two.
Mr. PERHAM. I will yield to the gentle man for a moment to make some remar s.
Mr. PERHAM. I ield now to the Gentfrom Iowa, [Mr.
Mr. KASSON. I uInisdsesrosnto.o$ the chairman of the committee to say, as a reason for increasing the compensation of the chief clerk, that this ComrPension has not a dep duty. I believe there is no Dept of a like kind in the Government where the head of the bureau has a deputy; and inasmuch as the proposition is to raise the salary of the chief cler beyond the amount that is allowed to the chief clerks in other bureaus, I think that we should set a bad precedent, and one that would be appealed to hereafter in other Depts to the detriment of the public servlcc, or at least to the loss of cconomy in the service. I believe the highest amount aid directly for a chief clerk of any bureau in the Depts is $2,000 a year. If this chief cler has not that salary now, I will vote most cheerfully to give it to him and I would give him more than that, if that was notequalto the amount now given to the chief cler s of the different bureaus of the various Depts of the Government. In regard to the other point, the salary of the ComrPension, I am bound in candor to say that I agree with the chairman of the ComPensions [Mr. Plznnlilil] that this otheers labors and responsibilities are fully equal to those who are receiving the proposed amount of salary. While I admit that a man without a family may live here in this city upon the salary the ComrPension now receives, and that good men, single men, may be obtained to take the position With that salary, as suggested by the Gentfrom Illinois. [Illa Ross] I deny that the best talents and abilities of the country can be obtained for that amount of compensation.
Mr; ROSS. I will agree to furnish from my district good men at that salary.
Mr. KASSON. I fear that those men whom: my friendfrom Illinois calls “ 0d men” would not be regarded as these best fitted for the place by the people of the country. We know that in point of fact this officer is u.very able and a very faithful officer, and that the bureau, ill years past, has never had more than one 10th of the business which it is now called upon to perform. Under these circumstances, I thin, inasmuch as we have raised the salaries of some other Officers, it is due to this one. to raise his simply to a properand corresponding amount, on no other ground whatever than that of just compensation for fitting and excellent services to the Government.
Mr. wASHBURNE, of Illinois. Will the Gentfrom Iowa [Mr. Kassou] allow me to ask him a question?
Mr. KASSON. I will yield for a question.
Mr. WASHBURNE, of Illinois. I desire to ask my friendfrom Iowa if the same reasons fbr illcrcasiu the salary of this ComrPension O not apply to the heads of all the bureaus of the Government. Have not the duties of all the Auditors, for instance. been increased in ver nearly the same proportion as the dutiesof the ComrPension? and if you are going to undertake this thin, I usk, wh stophere? Why not go further? W by not, as Isaid on yesterda, increase the salary of the Commissioner of public Lands and the ComrIndnAffr, as well as the salaries of all the Auditors, who now receive this very salary of $3,000 a year? and yet me say here that this is the time to meet thisquestion of raising the salaries of officers, for this is perhaps one of the strongest cases that can be presented. There is no objection whatever to
Mr. Barrett. As I said yesterday, he is one of the ablest and most conse ientious officers that we have. But that is no reason why we should impose additional taxes upon our constituents to pay him an increased salary.
Mr. KASSON. In order that I may answer the question of the Gentfrom Illinois, [ML wAsubunlsEjaudl gave way foraquestion only, and not fora speech, forihear this speech yesterday Mr. wASHBUHINE, of Illinois. Not all of it.
Mr. KASSON. I think Illeard the whole of it. Butbefore I forget the questions of the gentleman I will answer them. The salaries of the other officers should not be raised now, because Congress has. ill point of fact, raised them in many instances already, to meet the present emergencies, and it would be unjust to raise them again. But the salary of this officer has been left below the grade of the salaries of otheers of corresponding bureaus of the Depts. I know heads of bureaus who now receive from 500 to 1000 dollars more than this officer receives who do not perform more than 1/2 the duties he is called upon to perform.
Mr.WASH URNE, of Illinois. Then out the salaries of the other officers down, and not raise the salary of this one.
Mr. KASSON. It is because it is just that the salary of this officer should be raised that the committee have reported in favor of raising it. If my friendfrom Illinois will intro ducc a bill to equalize the salaries of all these officers according to some just rule I will go with him in reducing those that are too high and raising those that are too low. But I am opposed to a wholesale denunciation of a just and proper compensation to a worthy and faithful officer on the ground that it is setting a bad precedent. From the beginning of this Government to this day we have from time to time felt compelled to raise the salaries of various officers of the Government according to the increase of their duties and I do not know but that it may be so in the future. I am opposed to going too fast upon the subject of raising salaries. But I do believe it necessary to provide just and proper compensation to secure faithful and fitting service for the government.
Mr. HALE. I desire to inquire whether the objection taken by the Gentfrom Illinois to the increased expenditure proposed by this bill cannot be obviated to the satisfaction of all parties by makine the money payable out oft ecoutingent fund of the House. I believe that will remove all objection. [Lau liter.]
Mr. WASHBURNE, of Illinois. Tt might remove the objection of the Gentfrom NewYork, [life Ham 1] but it would not remove mine.
The SPEAKER. The Gentfrom Iowa [Mr. KASSON] is entitled to the floor.
The SPEAKER. Then the Gentfrom Maine [Mr. lsunrul} is entitled to the floor.
Mr. ERHAM. will yield to the Gentfrom Illinois, Mr. Mr. WASHBUlt E, oWfaIslluinntoniss.a. he Gentfrom Iowa [Mr. Kassos has said, with some degree of truth, that I may esubstuutially the same speech yesterday that I have made today. Sir. I believe that is the fact; for I have made that speech pretty often, and I am sorry to so with very little effect so far as regards my friendfrom Iowa. I have a pealed more than once to members of the ease to set their faces against all such extravagant propositions as this, but with very little effect is case is presented to us fairly and squarel, and now let the House decide whether it Will inaugurate this policy of raising salaries at a time when, as my colleague on the other side [Mr. Ross] has very properly said, the prices of everything appear to be gomg down. Vhen the prices of living are decreasing, and we are, a trust, reaching the gold standard, why should we commence a system of increasing salaries? These salaries when increased will continue undiminished for all time. I have never knowna case in which a salary has been diminished.
Mr. PE ltlIAhI. I now yield tomy collea us on the committee, the Gentfrom Missouri, Mr. BENJAHIN.
Mr. FARNSWORTH. I wish to inquire of the Gentfrom Missouri[Mr. Bax urns] whether he is aware that the Government has found any difficulty in commanding at the present salaries the requisite talent for any of these positions or whether he has heard that any of the heads of bureaus have resigned recently because they do not receive enough pay. If there are any of these positions vacant on account of such resignations, I give notice to the gentleman and to the country that there are several gentlemen in my district who would be glad to take these positions at the present salaries.
Mr. BENJAMIN. I will say. in reply, that I presume there can be found in my friends district gentlemen who are ready to take and occupy seats in Congress without any compensation; I will not say that they are equal in point of talent to the distinguished Gentfrom Illinois, [Mr. Fmnswonrn]
Mr. STEVENS. I know some who are resigning in consequence of deficiency of sal nry. The AttyGen is about to lose the services of his asst, at most valuable and efficient officer, because of the smallness of the ay. Unless some measure be passed we shal not be able to get along much longer.
Mr. BENJAMIN. I was saying, in answer to the Gentfrom Illinois, when he drew a comparison between this Commissioner and the ComrIndnAffr, there was no increase of business in the Indian Bureau. [t has not increased for ten years, and for the next ten years is likely to decrease. It is the same with the ComrPubLands. The Gentfrom Iowa is slightly mistaken in supposing the salary of this chief clerk corresponds with that of other chief clerks. It is $200 less than that of other chief clerks. They generally receive $2, 200. We make this $2, 500 because of the increase of the duties devolved upon this clerk, and believe it to be right.
Mr. KASSON. Is not the gentleman in error that the chief clerks of the bureaus receive $2, 200? The chief clerks of Depts receive $2, 200, and the chief cl rks of the bureaus $2.000. In the Post O cc Dept the chief clerks receive $2,000.
Mr. BENJAMIN. The gentleman is correct; some of the chief clerks of bureaus receive only $2,000. Some I know receive $2, 200. TOamount is not uniform. This asks for an increase to $2, 500. The whole increase amounts to the sum of $1,500 a year. I think it is the duty of this House to pay competent officers adequate compensation, and that is all that is proposed here.
Mr. PERHAM. I hope I shall not be asked to yield any further. I wish to say, in answer to the question why the committee have not reported in favor of the increase of the salaries of the heads of other bureaus, that in the 1st place, no such propositions were referred to us for other bureaus; and in the 2nd place, there was no other I bureau the business of whichhad increased to so great an extent as this. In most of the bureaus the business remains about the same as when the salaricswere established. This has increased ten times what it was. This office has to make the disbursement of from 15 to 20 million dollars in sums of $100 and less among individuals. It has to supply funds to agents all over the country and to see that the accounts rendered are conrct.
Mr. CHANLER. Is this intended as acedent for the increase of other salaries? The Gentfrom Pennsylvania, I understand, says the AttyGen will resign unless we increase salaries. I take that as an indication of general increase of salaries. There are a great many colored persons waitin to take these places, as well as your places ore, and there 18no need to buy these white men to stay. [Laughter] 7
Mr. PERHAM. This was not intended to establish any such precedent. I demand the previous question.
Skip Skip The previous question was 2nded and the main question ordered. The substitute was adopted. The bill, as amended, was orderengross and read a 3rd time; and bein engrossed, it was accordingly read the 3rd time. Mr. PERHAM demanded the previous question on the passage of the bill. The previous question was 2nded and the main question ordered. Mr. WARD. I demand the yeas&nays. I want the country to know who favor increase of salaries. The yeas&nays were ordered. The question was taken; and it was decided in the negative yous 58, nays 63, not voting 62; So the bill was rejected. During the roll call, Mr. wASHBURNE, of Illinois, stated that Mr. BLAINE was detained at his room by sick ness. Mr. ANCONA stated that if his vote would change the result he would vote in the affirmative; as it was he voted “no.” The result having been announced as above recorded. Mr. WENTWORTH mtRtv the bill was rejected; and also move to lay that motion on the table. Mr. ANCONA. On that Idemaud the yeaa&nays. The yens and nuys were ordered. The question was taken on laying the motion to reconsider on the table and it was decided in the negative yous 55, nays 62, not voting 66;. So the motion to reconsider was not laid on the table. The question recurred on the mtRtv the bill was rejected. Mr. WASHBURNE, of Illinois. I demand the you&nays. Mr. RERHAM. ls a motion to recommit in order? The SPEAKER. The rejection of the bill will have to be reconsidered 1st. Mr. WASHBURNE, of Illinois. Is it in Order to withdraw the motion to reconsider? The SPEAKER. It is not. after the House has refused to lay it on the table. Mr. INGERSOLL. If the motion to reconsider prevails, will it then be in order to move to recommit? The SPEAKER. It will. The yeas&nays were ordered. the question being taken on the motion to reconsider, it was decided in the affirmative yeas 63, nays 55, not voting 65; So the mtR agreed to.
The SPEAKER. The morning hour has expired.
Mr. WASHBURNE, of Illinois. I move Benjamin Bid, I that the bill be referred to the ComWhole on the state of the Union.
The SPEAKER. The morning hour having 1 expired, that motion is not in order. nxncurivs COMMUNICATIONS.
The SPEAKER laid before the House a communication from the SecyInterior, in compliance with a resolution of the House of March 23, 1866, transmitting a statement of disbursements under the 5th section of the act of Congress approved March 3 1865; which was laid on the table, and ordered to be printed. Also, a communication from the War Dept in respect to the allowance of claims for the apprehension of Booth and others. RESOLUTIONS OF TEXAS.
The SPEAKER also laid before the House resolutions of the convention of Texas in favor of a southern branch of the Pacific railroad.
Mr. ROLLINS. I move to refer it to the ComPacificRR.
Mr. WENTWORTH. I move that it be printed and referred to the ComReconstruction. The question being put, there were ayes 30 noes 40; no fluorum voting.
Mr. CONKLING. If it is in order to ask aquestion for information. I would inquire if This is to be referred to the committee on them nch this reconstruction with the view of haviu reconstruct this railroad? Or what of the business of reconstruction doe proposition come under?
The SPEAKER. That is hardlya point for the Chair to decide.
Mr. ROSS. It is for the purpose of never getting a report, I suppose. [Laughter]
Mr. ANCONA. s not the question 1st upon the motion to refer to the ComPacificRR?
The SPEAKER. The Chair did not understand that motion to be made.
Mr. ROLLINS. I made that motion, asI supposed.
The SPEAKER. The Chair inquired what disposition should be made of the pay e. The Gentfrom NewHampshire [KIL ROL LIES] suggested in his seat that it be referred to the ComPacificRR. The Gentfrom Illinois [Mr. arose in his place and moved that iVtEbNeTrWefOeRrrTeH] to the JtComReconstruction. The House is now dividing upon that question, upon the last vote no quorum voting.
Mr. STEVE. S. By whom is the papersigned?
The SPEAKER. By the president of the Texas convention.
Mr. STEVENS. I move to lay it on the table.
The SPEAKER. The House is now dividing upon the motion to refer. If that motion shall be voted down the motion to lay on the table will be in order.
Mr. WENTWORTH. I desire to ask for information if it has not been the uniform custom of this House, from the commencement of this session to this day, to refer all such matters to the JtComReconstruction? the SPEAKER. The order of the House is that all subjects relating to the representation of the sose alled confederate States shall be referred fo that committee. In regard to all other subjects the reference is to be decided by a vote of the House.
Mr. RAYMOND. Has the division of the House upon the motion to refer reached such a point as to prevent debate?
The SPEAKER. This debate has been tolerated by unanimous consent.
Mr. RAYMOND. Is the question of reference still debatable?
The SPEAKER. It is not, except by unan imous consent, as the House is now dividing, no quorum linving voted on the last vote. lifr. DAVIS. think the question has not been fully understood. I would merely suggest
Mr. CHANLER. I rise to a point of order. Is debate or colloquy in order pending a division of the House upon a motion to rofor.
The SPEAKER. The Chair sustains the point of order. Debate is not now in order. There was no quorum voting on the last vote, and the Chair will appoint tellers. Messrs. Wizurwoarfl and Borer. were appointed tellers. The House again divided; and the tellers reportedayestive, noes not counted. So the motion to refer to the JtComReconstruction was not agreed to.
Mr. ROLLINS. I move to refer this nperto the ComPacificRR}? The motion was agreed to. EMANCIPATION CELEBRATION.
The SPEAKER. The Chair will lay before the House an invitation addressed to the members of the HoRep. It will be read for information.
The Clerk read, as follows: WASHINGTON, April 12.1866. To the honorable Members of lhe HoRep. s We. the undersignedeolored citizensof the DistCol. uiost respectfully invite the members of the HoRepto be presentat the celebration of the anniversary of the emancipation of slaver in the District. to take plaec in Franklin square.Thursday. April 19.at 12 oclock in. FRED KIGER. SWIAERLD L. SAVOY. G. M USE. H. SHORTER. Lonumrtee.
Mr. ELDRIDGE. I think this should be referred to the JtComReconstruction, [Ianghter] and I make that motion. The motion was not agreed to.
Mr. ANCONA. Does the invitation include those members of the House who voted against the emancipation of slavery in the DistCol?
The SPEAKER. It includes all the members of the HoRep. It was read only for information, and not for any action of the House. REORGANIZATION 0? THE ARMY.
Skip Skip The question was taken; and Mr. Fuss wonriis amendment was disagreed to. The question recurred on the amendment offered by Mr. Coivxuuo as a proviso to the section. the vote on which had been reserved.
Mr. HALE. Idesire to make a motion to perfect the section before the vote is taken on that amendment. I desire, with the leave of the House, to enter a motion on which I do not now desire a vote. It is an amendment, the fate of which will depend upon the disposition to he made of asubsequent section, and for that reason I ask that it shall be reserved until the House shall have considered the 33rd section. My motion is to strike out in lines 4,5 and 6the words, “subject to such examination as the condition of their being retained in the service as is hereinafter provided for." I propose herealler to move to strike out a provision in the 33rd section, and if that motion shall succeed then this clause will have to be stricken out. No objection was made, and the amendment was reserved. M
Mr. GARFIELD. I desire to move to amend the 4th section of the bill by strikin out the words “often regiments to be raise and officered as hereinafter provided for, to be called the Veteran Reserve corps, ” and to insert in lieu thereof the following: and the SecyWar is authorized and directed to enlist in enfor the service who have been wounded in the line of their duty while serving in the Ami of the U.S., or who have been dmabled 9 diseasecontracted i nsuch service, provided it shall be found. on medical inspection. that by Inch wounds or disability they are not unlitted for eficiency in garrisonor otherlightduty; and such men, when enlisted, shall be assignedto such ost, garrison, or other light duty as the interests of the service may require: Provided, That there shall not be more than 5,000dsuchenlisted men in the service at anyone time.
The SPEAKER. That section is not now open to amendment. It has been passed under e operation of the previous question. The House is now engage on the 5th section, and can only go back by unanimous consent.
Mr. GARFIELD. I wish the House would. allow me to go back for the purpose of odor in" that amendment. I propose to offer an over amendmentto the 5th section, and if that be adopted, this one ought to be.
The SPEAKER. The Gentfrom Ohio asks unanimous consent to go back to the 4th section.
Mr. SCHENCK. I must object to opening up that section again.
Mr. STEVENS. Will the gentleman allow me to ask him a iicstion?
Mr. STEVENS. Was there any difficulty or discord in the French Army when it consisted of Old Guards, Young Guards, and the army proper?
Mr. GARFIELD. Well, Mr. Speaker, what was consistent and harmonious in the French army 50 years ago, under their peculiar sit uation of affairs, cannot justify ns in making up our Army of such discordant materials as these. I am thoroughl and from principle opposed to establishing this sort of divisions by name in the Army of the U.S.
Mr. WILSON, of Iowa. Will the gentleman allow me to ask him aquestion?
Mr. WILSON, of Iowa. I desire to ask the gentleman whether, under the bill as proposed by the committee, a major in a colored regiment, for instance, could not be promoted to a lieutenant colonelcy in one of the white reiments.
Mr. GARFIELD. I have no doubt it is the intention of the committee that that may be done. ButI desire an aflirmative statement in the law to that effect, so that there can be no doubt of it.
Mr. WILSON, of Iowa. I entirely sympa thize with the gentleman in that desire, and I wish to have the bill so amended (if it is not now in that shape) as to permit the promotion of Officers of colored troops to higher positions in the white regiments, and the promotion of officers of white troops to higher positions in the colored regiments; so that officers in one branch of the Arm shall not be excluded from promotion in another branch.
Mr. GARFIELD. I have no doubt the ComMilAffr will adopt any proposition that affirmatively embodies that principle.
Mr. CONKLING. I ask the Gentfrom Ohio [Mr. GARFIELD1 and I am glad to see his attention has been called to the subject, for. we recognize the weight of his authority to state for the benefit of the House what will be the number of officers.
Mr. WRIGHT. The honorable Gentfrom Ohio intimated that he was willing to accept any suggestiOn which would carry out his idea. I have prepared a proviso which will, I think, answer the objection he contemplates removing, and with his permission I would like to have it reported as an amendment to the amendment.
Mr. GARFIELD. I will hear the gentlemans amendment read.
The Clerk read, as follows: Provided, That uatesof the Military Academy at WestPoint out all officersof volunteers.hicluding Veteran volunteers and the Veteran Reserve corps shall be eligible to all offices necessarvto fill vacancies under this bill: Provided. sum officer or officerse an passa satisfactory examination beforea competentboard of officers.
Mr. GARFIELD. I cannot accept that. It is not germane to the subject now under discussion. The amendment which Isentup to the Clerks desk, and which the chairman was not willing I should O back to offer as a modification of the 4ti section, was to the effect that the SecyWar shall be authorized and directed to accept persons partially disabled as enlisted men in the Army to the number of not more than 5,000d; and that when they were accepted he might put them into separate companies, if he chose, or even separate reviments. Idesigned in thatainendment to stric out that clause of the 4th section which organized these troops as a Veteran Reserve corps, and comelle the President to aggre the all of that ind of troops and officers as a distinct organization for specialservicc. That was my uipose inintroducingit. If the amend ment which is now before the House shall prevail, I hope the chairman of the committee will allow me to go back and make the necessary modification.
Mr. FARNSWORTH. I wish to offer an amendment which would more properly, I think, precede the amendment of the Gentfrom Ohio, [Mr. G.inrii:i.n] for it is an amendment to the text for which the Gentfrom Ohio offers a substitute. I move to insert after the word “was” in the 20;7th line, the words: Or from thosewho have servedin other volunteer troopseither as ofieers, non-commissionedofficers or privates. That will provide that the officers Selected to fill the original vacancies in the regiments of colored troops shall be taken from among those who have served, the Now, as this bill stands, there are 4 regiments of white cavalry and 54 companies of white infantry, making 5 and 2/5ths regiments; ten regiments of colored troops being 2 regiments of cavalry and 2 O infantry; and ten regiments of the Veteran Reserve corps; and as the bill now stands, you can only a point in all the forces provided for in this bili: from among all the troops that have served in the last war, except the invalid: and those who have served with the colored troops, 9 colonels, 9 lieutenant colonels, 9 majors, and line officers in proportion, while the bill will require you to appoint ten invalid colonels, ten invalid lieutenant colonels, ten invalid majors, and so on, and also ten colonels that have served with colored troops, ton lieutenant colonels, ten majors, and a hke proortion of line officers. the bill provides that the officers of the colored troops shall be selected exclusively from among these who have served with colored troops, while it also provides that officers who have served with the colored troops may be appointed to the command of white troops. The door is open for the captain of a colored company to compete for an appointment as ea tnin of anyone of the white regiments.
Mr. PAINE. I want to inquire of the Gentleman whether this is or is not the identical amendment upon which the House voted when it resumed the consideration of this bill this mornin.
Mr. EARNSWORTH. No, sir; it brings up the same qluestion, but it is not the same amendment. desire to bring the question up again, because I do not think the House under stood it when they voted upon it this morning. I do not think this House intended to confine the selection of the officers of these ten colored regiments exclusively to those who have served with colored troops, while those officers at the same time may be appointed in any of the reiments of white troops provided for by this bi l. In the reorganization of the Arm why should we, among all the troops that have served in this war, select ten colone s from among those officers who served with colored troops, when you select from the great mass of the other soldiers only 9 colonels for the other regiments? and it is proposed by this bill that ten colonelsfen lieutenant colonels, and ten majors shall be selected for the Veteran Reserve corps from among the invalids of our soldiers. while only 9 colonels are to be appointed from sound and able bodied men. Now, I think the bill ought to be amended in these respects. I think that the door should be opened more widely, and that we should not make a privileed class, but allow the Government, in the selection of these officers, to select from among any who have served in the late war.
Mr. PAINE. I voted this morning for the amendment of the Gentfrom Illinois, [Mr. Fannswoarn] and I believe I was the only member of the House besides himself who did vote in favor of it and I am still in favor of it as an independent proposition. But I feel it my duty to call attention to some statements made by the Gentfrom Illinois which seem to me to be incorrect. I think he has not correctl stated the number of colonclcics which shal be open to volunteers outside of the Veteran Reserve corps and the colored troops. In the 1st place there are the 6 new cavalry regiments, for which colonels are to be provided.
Mr. FARNSWORTH. 2 of those regiments are to be colored regiments.
Mr. PAINE. Then there are 4 new cav alr regiments, at any rate. Then there are 18 new infantry reiments for which colonels are to be appointc.
Mr. FARNSWORTH. How does the Gentleman make out the 18 new infantry regiImr.ent
Mr. PAINE. There are now 9 regiments consisting of 3 battalions each, which are to be converted into 27 regiments, thus providing for 18 new colonels.
Mr. FARNSWORTH. These 27 battalions are to be increased by adding 2 companies to each battalion, and there are to be appointed, therefore, only the 2 captains and the 2 lieutenants for ese 2 new companies of each battalion.
Mr. SCHENCK. I demand the previous question upon the ending amendment.
Mr. GA {FUEL}; I trust my colleague will ask the previous question only on the amendment to the amendment; I would like to say a word on the amendment. ItMr. VANAERNAM. Before the previous question is called, I would like to offer an amendment.
Mr. VANEll NAM. I desire to move to amend the amendment of the Gentfrom Ohio [Mr. GARFIELD] by striking out the words "regimental commissary" wherever they occur. I believe that that office is unnecessary.
Mr. SCHENCK. It is the 7th section which provides for this office; and we have not yet reached that section.
Mr. VANAERNAM. I desire to strike out these words in this amendment; and when we come to the 7th section I shall move to amend that also.
Mr. GARFIELD. The gentleman will allow me to suggest that when we come to the I withdraw the call for section referred to by the chairman of the committee, if the House should then decide to dispdnse with this office altogether that will apply to the whole bill, while if we adopt the gentlemans amendment now it will still not effect the general purpose. The gentleman had better wait till we reach the 7th section rather than involve us now in a general discussion whether we shall dispense with the office of regimental commissary in the whole organization of the Army.
Mr. VANAERNAM. Well, then, I give notice that when we reach the 7th section I shall move to strike out the words “regimental commissa ” wherever they occur.
Mr. SCHENCK. I did not think when I yielded that it was for the purpose of again going over the whole discussion of the amendment. I will say now to my collea no. that in reference to his own amendment. in himself admits these troops are to be kc t separate. There is to be one company of them in each regiment. Those companies will be, mixed u with companies of men of another class, an the officers commanding the companies with officers of another class of tree s. His objection is to their being called the Veteran Reserve corps. If they are not called the Veteran Reserve corps, separated as he proposes, perhaps they Will get a name which may be worse. I think the name of Veteran Reserve co 5 is a good one. It is significant and honors le and descriptive of that which they have done, and indicating what they have earned. I suppose by wiping out the idea of a Veteran Reserve corps, and having one of these companies to a regiment, the gentleman thinks he has accomplished everything. It may be we will then hear of the cripple companies or the regiment of criples or o “condemned Yankees, ” as the rebe sspeak of them, or some other nickname. I protest against that. If we are going to have a eteran Reserve corps, and it seems to me the House so moved on this question yesterday by a vote of 80 to 80, let us meet the question. If we are not going to have it, let us not take it. in fact and yet shrink from giving it its name, but have it nicknamed in some other way.
Mr. VANAERNAM. I move to strike out the words “regimental commissary” wherever they occur in the amendment or in the bill. I do this because I believe neither economy nor justice demand the creation of this office. By reference to the Army Register, I see only 6 regimental commissaries in the old organization. They are attached to cavalry reiments and to cavalry regiments alone. Ift e amendment of the Gentfrom Ohio should prevail, or the bill should pass, it would create 7one officers whose pay would not be less than $200 per mouth. During the rebellion the same uties were discharged by cornmissary ser eants at 21 dollars permonth, and I do not see why they should not continue to be so diseharged.
Mr. SCHENCK. All have to say is, that while I have doubted the necessity of having these 2 offices, concurrent military authority, and especially of the heads of the commissary and the quartermasters Depts, induced the committee to adopt the separation. It was so provided in the Senate bill asrecommended by the military commission. As it is, one officer combines in his own person the qualities of 2 distinct offices, having to account to 2 distinct Depts. I hope the amendment will not prevail. I demand the previous question on all the amendments.
Skip Skip The previous question was 2nded and the main question ordered. The amendments of Mr. Fansswonrn and Mr. VANAmman were both rejected. The question recurred on Mr. Ganrisnns amendment. Mr. GARFIELD demanded tellers. Tellerswere ordered; and Messrs. Gaurisu) and Sour men were appointed. The House divided; and the tellers reported ayes 37, noes 54; no quorum voting. Mr. GARFIELD demanded the yeas&nays. rThe yeas&nays were ordered. in the negative yeas 51, nays 58, not voting 74; So the amendment was disagreed to. During the rollcall, Mr. lhGEBSOLL stated that he was paired with Mr. J. L. lnonss. Mr. SCHENCK mtRtv the amendment was rejected; on the table. Agreed to. The question recurred on the amendment proposed by Mr. Consume to add to the section the following proviso: Provided. That all officersof the existing Veteran Reserve corps. except those now actually detailed faocrtudaulltyy in the Freedmens Burflau or otherwise and necessarily employed shall upon the passageof this Ml. he mustere out of service and put upon the sanic footing with other disabled officers not now in service.
The SPEAKER protempore, ( Mr. Bourwsu. in the chair.) On this amendment the main question is ordered.
Mr. CONKLING. I demand the yeas&nays on the amendment and I call attention to the fact that the previous question exhausted itself on the amendment preceding this.
The SPEAKER protempore. The Chair, upon reflection, things that the previous question has exhausted itself and oes not cover this amendment. The Clerk is of a different opinion, and the Chair followed that.
Mr. SCHENCK. Itwas not understood that the previous question covered thisainendment.
The SPEAKER protempore. The Chair rules that the amendment is open to debate. )Mr. SCHENCK. Would it be in order to stop discussion on this section? I have no objection to amendment s being offered and voted upon.
The SPEAKER, (resumin the chair.) The House is not in ComWhole, and debate is limited to 15 minutes. The previous question being applied to any section cuts off any member from amending it. You pass by the section by the operation of the Previous question and go on to the next.
Mr. SCHENCK. My object is to stop the interminable discussion.
The SPEAKER. The gentlemen may ar rive at that object if the House will consent that debate shall be considered as in ComWhole, and allow 15 minutes for and against each amendment. Then, when debate
Skip Skip The question was taken; and it was decided I is closed on a section, amendments can be offered and voted on, but not debated. Now, the previons question cuts off both debate and furt ier amendment. Shall the rule be adOpted as in ComWhole? Several Murmurs. Oh, no.
The SPEAKER. The Chair sustains the ruling of the Speaker protempore, Mr. Bour wsLi,] that debate was not cut oi upon the motion of the Gentfrom NewYork, [Mr. COXKIJNG] This proviso was reserved when the previous question was demanded by the Gentfrom Ohio, [Mr. SE lllZNCK.]
Mr. STEVENS. Mr. Speaker, ldo not see the necessity of this amendment. The Dept can muster out at any time and if after you pass this bill you muster them out they will all be entitled to 3 months pay, according to the law.
Mr. CONKLING. I would like to ask the gentleman whether; he has taken the pains to ascertain how manyofficers of the present cors would be retained in the corps to be establislied if an impartial distribution of commissions takes place among all the wounded officers and soldiers.
Mr. STEVENS. I have not taken any such pains, because I do not see what it has to do with the selection of officers impartially. That is drawing lots, l suppose. Those who have the appointment of them will select just whom they choose. 20, 30, or 40, by name and nsI said before, so much will be saved by allowing them to stay in. If they are not wanted they will be mustered out. I cannot see any need of musterin all of them out and letting them go home an draw 3 months” pay and then brin in in the some men again.
Mr. SCHENCK. It is merely singling out these wounded Officers of the weteran corps, and iving direction to the War Dept to do whot t icy can do in other cases. Congress has never done any such thing before. They are all left under the operation of law to be dealt with bly the military authorities in the some way. do not understand why any such discrimination should be made. Or if inade in this case. I would suggest whether we might not as well extend it to other officers and give instructions as to the mastering out of other arms of the service. I demand the previous question on the amendment.
Mr. CONKING. I hope not without giving me an opportunity to state wh I odered it.
Mr. SCHENK. Isnp osedt egentleman was through. I have made no special argu latinlgtllffllllst it and I really wish to get through this l.
Mr. CONKLING. I would like to explain in one word why I offered this amendment.
Mr. SCHENCK. No, sir; I move the previous question on the pending amendment.
Mr. CONKLING. The gentleman, then, refuses to allow an explanation to be made. We will see whether we can carry out the understanding of the House or not.
Skip Skip The question was taken on the demand for the previous question; and there were ayes 31, noes 61. So the previous question was not 2nded.
Mr. PAINE. In answer to an inquiry made by the gentleman some little time ngoI relied that the expense ofinustering out these officer s would not be appreciable. But it did not occur to me then that there would be the 3 months pay due. I do not know now how that matter would stand. If that extra pay were involved of course it would be an additional expense; but I do not know how that matter stands.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. Winninl J. MCDONALD. its Chief Clerk, informed the House that the Senate had passed, without amendment. JtResolutions of the House No. 88, exressive of the thanks of Congress to GeneralWinfield S. Hancock, and No. 108, a point in managers for the National Asylum or Disahed Volunteer Soldiers. The message further informed the House that the Senate had passeda resolution (S.R.No. 69) making an appropriation to enable the President to negotiate treaties with certain Indian tribes, in which he was directed to ask the concurrence of the House. REORGANIZATION or run ARMY Again.
Mr. SCHENCK. I do not intend to pursue the course of argument which the Gentfrom NewYork [Mr. CONKLING] seems to in vite upon this subject. His elegant self complacency at times in his treatment of the chair. man of the ComMilAffrs is only so passed by the severe iron I always receive mm the Gentfrom NewYork, [Mr. Enasi.ss] on the other side of the House.
Mr. CHANLER. Mr. Speaker [Great laughter.]
The SPEAKER. Does the Gentfrom Ohio [Mr. Seusse x] yield to the Gentfrom NewYork, [Mr. Caustsa?]
Mr. CHANLER. I hope the gentleman will not call the previous question.
Mr. SCHENCK. If I call the previous question on the whole section will that cut off 4 amendments?
Thie SPEAKER. It will cut 05 amend ments.
Mr. SCHENCK. There are gentlemen who want to olfer amendments in good faith, and I therefore only call the previous question on the pending amendment.
Skip Skip The previous question was 2nded and the main question ordered. Mr. CONKLING demanded the yeas&nays. The yens&nays were ordered. The question was taken; and it was decided in the ullirmative yeus 50, nays 43, not voting 81; So the amendment was agreed to. During the vote, Mr. VANHORN, of NewYork, stated that his colleague, Mr. LAFLIN, was absent on accountof sickness. The vote was then announced as above recorded. Mr. CONKLING mtRtv the amendment was adopted; upon the table. Agreed to.
Skip Skip Mr. SCHENCK. I now demand the previous question on the section and amendment. The previous question was 2nded and the mainquestion ordered. Mr. CHANLER. I demand the yeas and no s on the amendment. Mr. WASHBURNE, of Illinois. that the House do now adjourn. The SPEAKER. Will the gentleman with draw tlrat motion for a moment? Mr. WASHBURNE, of Illinois. I will. ENROLLED BILLS SIGNED.
Mr. TROWBRIDGE, from the ComEnrollBill, reported that they had examined and found tru yenrolleda bill and JtResolution of the following titles; when the Speaker signed the same: An act (8. No. 248) for the relief of James G. Clarke; and A flJtResolution (H.R.No. 102) for the relic of Alexander Thompson, late U.S. consul at Maranhnm. PERSONAL EXPLANATION.
Mr. INGERSOLL. I desire to makea r oonal explanation in regard to the action olptfire House upon the passage of the JtResolution appropriating $26,000 for the benefit of the poor of the DistCol. I apprehend that the House did injustice to my coleague upon the ComDistCol, Mr. Surixriuu] It was the understanding between himself and myself that when that resolution came u for action in the House he ghould be heard in oppositiouto its passage. It isbut justice to him to state that he was opposed to it, arid desired to make some remarks in OEPOSiUOn to its passage, and as a member of the committee, and its chairman, I had given my assent, and supposed that the House would extend to him that courtesy. When I called the resolution up the gentleman rose and asked to be heard, I stated to the House that I hoped he might be heard, and I desired to yield to him before the previous question should be ordered so that he might qxpress his views in Opposition to the resolution. There were several voices heard all I move around me on this side of the House in opposition to my yielding to him, and I accced reluctant] to that expressed Opposition, believingthat the House would, after the adoption of the previous question, allow him to be heard. I regret that the courtesy due to him as my colleague on the committee was not then extended to him. I did at the time what I thought was just, and if I did him any injustice I regret it. It was not intentional on my part. I beg to assure the House that my relations with that gentleman have been of the most cordial character, and that I estccm him very highly, and should regret to be a party to an act of injustice or want of courtesy toward im. I hope this explanation will be satisfactory to him, and that c will give assent, or at least make no objection, to his reappointment by the Speaker upon that committee.
Mr. SHANKLIN. The exlauation of the gentleman covers, I suppose, the whole ground in relation to myself, and is entircl satisfactory. Iacce t the exlanation and v apology.
The SPEAKER. 1 a Chair reappoints the Gentfrom Kentucky [Mr. Snsxuuy] on the ComDistCol and then, on mdtion of Mr. WASHBURNE, of Illinois, gt 4 oclock and 5 minutes p. m.) the once adjourned.
@@@IN SENATE SENATE. THURSDAY, April 19, 1866. Prayer by the Chaplain, Rev. E. H. GRAY. The Journal of yesterday was read and approved. PERSONAL EXPLANATION.
Mr. MCDOUGALL. A few days since I presented some remarks to the Senate of a personal character. It was and is the opinion of my most trusted and nearest friends that the remarks of which I speak were not justified by the then present occasion, were in violation of the true rule of decorum, and Were also offensive to this body. Under the influence of such counsels and with careful thought it has become my conviction that the judgment of those to whom I have referred was and is correct. I have always thought that it was nobler to confess an unpremeditated wrong than even to maintain the right. With this convictionl have risen to acknowledge the wrong, to express my profound regret, and to ask the pardon of this body. I do this with more than mere satisfaction. It is further due to myself as also totheSen ator, my colleague, thntl should request hil arilon; this I now do. I had at the moment orgotten the old rule, a conclusion stated in a supposed Socratic discussion adTuse ulum, “Avoid the erturbations.” I violated the in junction, “ ct not the sun go down upon your wrath.” With the morning, when the morn stood “tiptoe on the misty mountain tops, ” there came penitence. These short remarks are designed to be penitential.
Mr. RAMSEY. The ComPostOffices, to whom was referred the amendment of the HoRep to the JtResolution (S.R.No. 29) for the transfer of funds apreprinted for the payment of salaries in the 0st Office Dept to the general salary account of that Dept, have directed me to report it back with the recommendation that the amendment be concurred in. It is a very simple matter, and I trust the Senate will at once consider the amendment., By nnanimousconsent the Senate proceeded to consider the amendment of the HoRep, which was to add to the JtResolution the following proviso: Provided. That this JtResolution shall not be construed to increase the approprintions already made for the Barnesof the Post O goodept. The amendment was concurred in. Rzolsrims 10vsssnas.
Mr. ANTHONY, from the ComNavAffrs. to whom was referred the memorial of John Ericsson, praing for compensation for his services in planning the U.S. war steamer Princeton and planning and superintending the construction of the machinery therefor, together with an Opinion of the Court of Claims in his favor, submitted a report accompanied by a bill (S.No.274) for the relief of John Ericsson. The bill was read and passed to a 2nd reading, and the report was ordered to be printed.
Mr. STEWAR. The ComPubLands, to whom was referred a bill (S.No.215) concerning certain land granted to the State of Nevada, have instructed me to report it with amendments, for the nrpose of having the amendments printed and ) the bill recom niitted to the committee. The amendments were ordered to be printed, and the bill was recommitted to the ComPubLands.
Mr. VANWINKLE, from the ComPostOffices, to whom was referred a communication from the PostMGenl on the subject of a patent canceling and marking stamp used by that Dept, reported a JtResolution (S. It. No. 70) making compensation to Shaverdt Corse, assignees, for the use of a combined post marking and canceling stamp by the postoffice Dept; which was read, and passed to a 2nd reading.
Mr. EDMUNDS, from the ComPensions, to whom was referred a bill (H.R.No. 459) granting a pension to Anna E. Ward, reported it with an amendment. e also, from the same committee, to whom was referred the petition of Cornelius Crowley, praying for an increase of pension, submitted a rewort, accompanied by a hill (S.No.275) for the relief of Cornelius Crowley. The bill was read, and passed to a 2nd reading, and the report was ordered to be printed.
Mr. KIRKWOOD, from the ComPensions, to whom was referred a petition of citizens of Linn county, Iowa, prayin that a pension may be granted to Mrs. Jerus a Wit ter, widow of Dr. Amos Witter, late surgeon of the 7th regiment Iowa infantry, submit ted a report, accompanied by ii bill (S.No.276) for the relief of Mrs. Jeruslm Witter. The bill was read, and passed ton. 2nd reading, and the report was ordered to be printed. CONDITION OF SOUTHERN STATES.
Mr. SHERMAN submitted the following resolution; which was considered by unanimous consent, and agreed to: Resolved.That the President be requested to furnish the Senate of the U.S. With any additional official reports or information he may have received relative to the condition of the southern people and the States lately in rebellion. INDIAN AFFAIRS.
Mr. STEWART submitted the following resolution: Resolved. That the ComIndAffrs be instructed to inquire into the expediency of lriuisfer ring the Bureau of Indian Affairs from the Dept of the Interior to the Dept of War and to report by bill or otherwise.
Mr. WILSON. I will simply say that I think there is now a resolution of that character before one of the committees. I have no objection, however, to the adoption of this. The resolution was considered by unanimous consent, and agreed to. OBITUARY ADDRESSES ON SENATOR FOOT.
Mr. ANTHONY. I am instructed by the ComPrintg, to whom was referred a resolution for printing the addresses delivered on the announcement of the death of Hon. Solomon Foot, with the funeral sermon of Rev. Dr. Sunderland, to report it back without amendment, and recommend its passage; and I ask for its present consideration. There being no objection, the Senate proceeded to GODSldel.the follownig resolution: Resolved. That there be published in pamphlet form. for the useof the Senate.6,000copies oft O addressesmodeby the mornhers(fllll Senate and membersof the HoRep upon the occasion of the announcementoi the deuthoillon. Solomon Foot; and that Rev. Dr. Silnderlund be requested to furnish a copy of the serniomdelivered by iim (it the funeral of SenatorFoot, to be publishod With said addresses. The resolution was adopted. ADMISSION OF COLORADO.
Mr. wILSON. I move to take u the motion to reconsider the vote by wthe the bill for the admission of Colorado was reected.
Mr. SUMNER. The question is whether the Senate will take up the motion to reconsider.
The PRESIDENTpro temporc. That is the question. The question is, will the Senate now proceed to the consideration of that subject?
Mr. SUMNER. Mr. President, I hope the Senate will not proceed with the consideration of that question today, and I assign 2 reasons why the should not proceed with it today. The 1st is t on looking about the Senate I see many Senators absent who ought to be hens at the consideration of so important aquestion. That is my 1st reason. The 2nd reason is that this day in this city is dedicated to the cause of human freedom and human rightsof emancipation. The streets today are filled with a happy people emancipated by not of Congress, who are ce ebrnting the of their rights. anniversary It is, sir, no properday in whic.to procee to recognize human inequality and in which to receive into this Union a community which chooses to insult the age by apearing here with a constitution setting at deliimce the fundamental principles of the DeclarIndep. Sir, this is no day in which to proceed with the consideration of that question. I insist that this day shall be kept conse crated to human rights, that it shall not be given up to an attempt to recognize the overthrow of human rights. I me be told, sir, that there are but 90 colored persons in this distant Territory who are to be sacrificed. If there were but one, that would be enough to justify my opposition. Out of those 90, more than 75 I am told have borne arms for you in the late war; and yet these people are now positively disfranchised in the constitution which it is proposed to recognize. Sir, if you choose to o it, if you choose to insult the public sentiment of this age by such an act, do not do it today.
Mr. GRIMES. There are other Territories which have enabling acts just like it.
Mr.LANE, of Indiana. This, as I understand it, is a motion to proceed to the consideration of this subject for the purpose of reconsidering the vote by which the bill for the admission of Colora O was rejected;. I hope that we shall proceed to consider the subject now. Gent emen have been here claiming to represent a sovereign State as Senators for the last 2 or 3 months. The subject has been referred to a committee; a report has been made, and full debate had on tesubject in the Senate, and I see no necessity for any further delay. The reason assigned by the honorable Senfrom Massachusetts [Mr. SUMNER] is that this is the anniversary of emancipation in this District, and of course we should not take up any subject of this kind upon this day. I certainl sympathize with the colored people of this district in celebrating their emancipation as much as the Senfrom Massachusetts or any other Senator. Ivoted for that emancipation, and am proud of it. But I do not suppose that simply because this happens to be teday of that celebration, all public business should be delayed on that account. I do not know how many Senators desire to participate in that celebration. If those opposing the admission of Colorado desire to articipate in that celebration, they will have} trust, no difficulty in procuring a leave of absence for the day until this vote can be taken. I am for the admission of Colorado. Ivoted for it before. Colorado comes in with the word “white” as a prefix to the qualifications for bolding office and voting. Isould prefer that that word had been left out, but it has not been left out in any single State organization of any territory that we have ever admitted. I believe that there is no instance in the whole history; o“f the admission of new States where that word white” has not been the prefix to the qualification for holding office and voting.
Mr. LANE, of Indiana. It is perhaps time to be in, but we should have began when we passe the enabling act; and the vigilance of the Senfrom Massachusetts should not have slumbered on that occasion.
Mr. GRIMES and that he did not believe there was more than 2/3rds the population in Colorado at this moment that there was during the last winter. I do not ask anybod to accept that statement of the gentleman. I do not adopt it myself. It may e true or it may be false. I refer to rely upon what is authentic, what we now to be facts, namely, the votes that have been given at the various elections in Colorado year by year, ever since she was erected into a Territory; and if there be anything like the same proportion of voters to population in that Territory that there is ordinariy in a Territory, then I am irresistibly driven to the conclusion that there cannot be to exceed 15,000 people in the Territory. Now, sir, as I said the other day, I am not quite willing to say that a population of that size and of that description shall be entitled to come into the Senate and be represented, and have the same power in our deliberations as the State of NewYork or Ohio or Pennsylvnania; nor am I quite willin to give such an inconsistent vote as I think should be giving if I should indorse this constitution of the State of Coloradop today, and then tomorrow come into the Senate under the leadership of the Senfrom Massachusetts, and undertake to confer the elective franchise upon colored people in the seceded States.
Mr. SUMNER. Mr. President, the question before the Senate, as I understand it, is on taking this proposition up; and the Senate will remember that in what I said I confined myself precisely to that point. I assi ned 2 specific reasons wh this matter should not he proceeded with toay. Idid not undertake, the Senate will remember, to go into the General question; I did not touch it. I made no allusion to the enabling act, no allusion to the population, and no al usion even to the constitution except so far as was needful to exhibit the glarin inconsistency of proceeding to recognize 8115la constitution on such a day as this. That Was all that I said. My excellent colleague, in reply to me, undertook to open the whole case. He has reminded you of the resources and the mineral wealth of Colorado. He has alluded to its population, and he has also invoked that ancient, departed, extinct enabling act. Had my colleague been in his seat when on aformer occasion this question was amply discussed in all its arts, when that enabling act was exosed t oroughly, and it was shown that ithad y no possibility on application to the present case, he would not have introduced that point; certainly he would not have introduced it by way of showing any inconsistency on my part, for on that occasion I fully met that suggestion and there was no one here to answer. Why, sir, the Senfrom Iowa has alread told you that the enablin not had expired. have it before me, Iwili not read it; Senators are familiar With it. It authorized certain proceedings to constitute a new State. Those proceedings were bad and they failed and the enabling act then and there failed and came to an end. All the obligations of Congress under that enabling act then and there ceased. That enabling act is at this moment of no value so far as this question is concerned; it cannot be cited; it is useless to read it. It is simply a record of a past consent given by Congress, which, however, failed to be acted u on.
The PRESIDENT protem ore. The moming hour having expired, it becomes the duty of the Chair to call up the unfinished business of esterday, which is House bill No. 288. Mr. CONNESS. Iho e the Senfrom Massachusetts will be allowed to proceed to finish his remarks on this subject, and that the other business will be laid over informally.
Mr. SUMNER. I should rather the other business should go on. [Laughter]
The PRESIDENT protempore. House bill No. 238 is before the Senate in the absence of anyimotion to postpone.
Mr. POMERO. I move to postpone all prior orders and proceed with the consideration of thisquestion.
Mr. CLA K. I can only express the hope that that will not be agreed to by the Senate, because it will be remembered that we had up the habeascorpus bilLyestorday and proceeded withdt to a considerub 3 extenb an it was to come up in its regular.order this morning, and I hope we shall be able now to finish that bill. When that shallhave been done, I shall have no objection to any other bill coming up; but I do not like to have it interrupted in this way.
Mr. SHERMAN; I hope that the Senfrom Kansas [Mr. Ponsnor] will allow a motion to be interposed here that the further consideration of the motion to reconsider (if that is up) be postponed until a day certain. It had better be fixed for some day next week, when it may be disposed of. If we continue the consideration of the Colorado question now, it will take the whole day.
Mr. POMEROY. My object was merely to take the vote on the reconsideration now, and thleln settle a time for the consideration of the bi.
Mr. CLARK. The question of reconsideration will lead to debate. I am perfectly willing to allow it to be taken up for the purpose of fixing its consideration for some future day, but not to have the motion to reconsider discussed at this time. I am aware that that motion will lead to discussion.
Mr. CLARK. I was not here when the Colorado bill was u and considered by the Senate before, and I3 should not feel myself, though I do not wish to delay the Senate, like letting the vote be reconsidered without some opposition to it. But 1 do not urge that us a reason why it should not be taken up. What I desire is that we should keep to the order of business, and finish one thing utatiine, and not la one upon the other. If it can be taken up an assigned for some given time. when we can come at it considerately and with the understanding that we are to take it up at that time, I am entirely agreed, because that will facilitate the business of the Senate.,
Mr. POMEltOY. If it can be taken up and made the special order for tomorrow at one oclock, I am willing. I only want to dispose of the question.
Mr. CLARK. If it can be consideed as the general sentiment of the Senate, at it may come up and be made the special order for some future time, I shall agree.
Mr. CONNESS. I intended this morning to vote for taking this subject up with the special view of postponing it until the be in nm of the next week, when there will proa bly e a full Senate; and I think the whole Senate is agreed to that. I hope that will be done. It is not a matter of muc consequence whether a reconsideration shall proceed today or not, if a day be fixed for its consideration. I hope the friends of the measure, or whoever has it in charge, will agree to fix its consideration for Monday, Tuesday, or Wed nesday of next week, when there will be a full Senate. I have objected to taking up this question for 2 or 3 days pas t, particularly while the Senfrom Maine, who is ill, [Mr. Fussssnnnd is absent, because I knew that he felt great interest in the subject, and desired to be present when it is considered. I hope that a day will be named by those who have the measure in charge, any Tuesday or Wednesday of next week.
The PRESIDENT protempore. The motion is to postpone all present and prior orders in order to continue the subject which was laid aside at the expiration of the morning hour.
Mr. WILSON. I will simply say in regard to this question that I have no disposition to crowd it, because a measure cannot be forced through here when a strong opposition mani fests itself. I wish to accommodate myself to the Senate, and for that purpose I give notice now that on Tuesday morning next I shall renew this motion and adhere to it until we can reach a vote on it if possible.
The PRESIDENT protemporc. Thatis not the motion before the Senate. The motion both“! the Senate is the motion of the Senfrom Kansas to postpone the present and all prior orders for the purpose of continuing the discussion of the motion of the Seuatoffrom Massachusetts. That motion of the Senfrom Massachusetts is not now before the senate, and of course is not subject to be with drawn by him.
Mr. POMEROY. I am willing to withdraw my motion if by common consent or by an arrangement we can agree to some day certain for the consideration of this subject.
Mr. WILSON. I am told by several senators opposed to the bill that they are willing to take that course. Several Summons.
Mr. GRIMES. I rise to propose that by universal consent we now agree that this outter go over until next Tuesday morning, and thalt it be then taken up and made the special OI(er.
Mr. CONNESS. Why not now make it the special order for that time?
Mr. GRIMES. That is what I propose. My proposition is that the matter go over and by general consent be made the special order for uesday mornin.
Mr. GRIMES. Mr. President. the remark of the Senfrom Illinois, that those who are opposed to the passage of this bill are determined that it shall have no hearing, is uncalled for, is unworthy of him, and so far as I am concerned is not true. I have listened upon several occasions to the kind of lectures with which the Senator is so familiar, and which he is so much in the custom of delivering here in the Senate, but so far as they 0. ply to me, I wish to inform him now that I amlheartily tired of them, and I shall be exceedingly obliged to him ifhe will withhold them in the future. Mr.President, what I said in regard to the population of Colorado I said in answer to the Gentfrom Massachusetts, who called up this measure, [Mr. WinsoN] and it was not. volunteered by me and so far as it relates to the memorial of the General Assembly of Colorado, if the Senfrom Illinois, with all his acumen, can convince the Senate that it is possible for the General Assembly of the territory of Coloradopto memorialize and enact a fact of which they are as ignorant as we are, and convince us that we ought to adopt that statement, he will show a great deal more shrewdness and acumen than I have ever known him to exhibit thus far. Sir, in perfect good faith I made the proposition that by universal consent this question should go over until Tuesda, and that then nothing else should be consi cred until it was disposed of, and I am, I confess, not leased with the manner in which that proposrtion is met by the Senfrom Illinois when he tells us that those, includin all of us, who are opposed to the passage of this bill are unwilling that it should havea fair hearingin the Senate.
Mr. SUMNER. Mr. President, I have my ground of complaint against my good friendfrom Illinois. do not mean to be very severe, however.
Mr. SUMNER. I beg the Senators pardon; I do not give wa.
Mr. JOHNSON. I rose only for the purpose of asking what is the nestion before the Senate.
Mr. SUMNER. he question is on post ponement, and I shall speak to the question, I assure my friend.
The PRESIDENT protempore. The Senfrom Massachusetts is entitled to the floor and does not yield it.
Mr. TRUMBULL. Mr. President, it seems that I have fallen under the animadversion of my friendfrom Iowa.
Mr. TRUMBULL. I shall say but a few words.
Mr. DOOLITTLE. I be o my friendfrom 1IIllinois will allow me to maIie a suggestion to rm.
Mr. DOOLITTLE. I think there is one fact that has ese aped the attention of my friendfrom Illinois, and that isa statement which was made by the Senfrom Iowa when he made his suggestion. He proposed that thisquestion should go over to ucsday next, and e fixed by unanimous consent as the special order for that day. I think my friendfrom Illinois could not have heard that pr position, or none of this subsequent debate wou d have occurred.
Mr. TRUMBULL. I did notso understand the Senfrom Iowa. I understood him to prouse that it should go over and be taken n at that time, and not now made the specie. order, as it could not be without taking it up now.
Mr. DOOLITTLE. I understood the Senfrom Iowa distinctly to say, “fix it as a special order.”
Mr. TRUMBULL. We cannot make it a special order without 1st taking it up. The Senfrom Wisconsin must. benware of that.
Mr. GRIMES. The proposition I made, and repeated twice, was that by unanimous consent it should O over and be made the s 11] order for "uesday morning, and be en proceeded with until disposed of.
Mr. DOOLITTLE. That was as I under stood it.
Mr. GRIMES and the Senfrom Massachusetts who has charge of this motion so understood me.
Mr. TRUMBULL. I so posed that when it went over we should have tife same difficult in taking up the matter on Tuesday that we nd today; but it seems in the few remarks I made I fell under the very serious censure of both the Senfrom Iowa and the Senfrom. Massachusetts, and especially the Senfrom Iowa. Now, sir, I never assumed to lecture anybody in the Senatb, and least of all the Senfrom Iowa. I should learn from him without attempting to teach him anything. The Senfrom Massachusetts thinks that I replied to the wrong part of his remarks. He understands that he made a statement which nobody replied to, and he reiterates it today, which was that when he voted for the enablin act he voted for an act which authorized a rsons, without regard to color, to vote in the Tirritory of Colorado. Now, my distinguished Friendfrom Massachusetts is laboring under a mistake himself, if he will allow me to say so. The truth about it is that the law of Colorado, when he voted for the enabling act, did not allow colored persons to vote. he statute of Colorado at the time the enabling act was passed confined the right of suffrage to white persons. The Senator 5mm Massachusetts, therefore, when he voted for an enabling act that authorized the persons qualified to vote by territorial laws to tidrm this State government, voted for an act confining the right of suffrage to white persons.
Mr. SUMNER. Will my friend allow me to correct him there?
Mr. SUMNER. The date of the enabling act is March 21, 1864; it was then approved. My statement was, that when the Senate acted upon this enabling not all our information was that all persons in the Territory without distinction of color were electors, and we had before us the territorial statutes authorizing all to vote without distinction of color. Those statutes were altered 8 or 10 days before the approval of this act. I stated that on the former occasion in my remarks, and what I said was that when the Senate acted on this bill it was supposed that all persons, without distinction of color in that Territory, were electors. The alteration was made in that distant Territory between the action of the Senate and the a roval of the act.
Mr. TRUMBHJHL. Was made before the aproval of the act?
Mr. TRUMBULL. Whether the Senfrom Massachusetts acted under a mistake of fact or not, I am not, of course, advised, except as he informs us. I presume he acted under a mistake of fact, as he seems to labor under one or 2 mistakes today in supposing that nobody tried to reply to this statement when he made it before. I think the same facts were drawn out then; and the Senator I suppose, has not forgotten his vote in regard to the other Territories where the suffrage was confined to whites. I suppose he has not for gotten his vote for Nevada. Perhaps he acted under a mistake then in voting to admit Ne vada, or for the enabling act. for Nevada. But, sir, these matters have very little to do with the consideration of the question before as; and I do not mean to be hetraed into any personal altercation with either of the gentlemen in regard to this question. I want to put it upon its own merits. I thought I saw man ifested here a disposition to prevent this subject from being taken up. I did not have the Senfrom Iowa in my mind so particularly as the Senfrom Massachusetts who had in an informal manner announced that he had his speech ready.
Mr. SUMNER. I have no speech ready; I never smd that.
Mr. TRUMBULL. Ibe pardon. I under stood the Senator to sayt at he intended to speak against takin the matter up.
Mr. SUMNER. gI began it, and I should have gone on if I had not been arrested.
Mr. TRUMBULL. I call that a speech, for when the Senator “goes on” he always makes a speech. ELnughter] It seems that the Senfrom own thought what I said was a reflection on him. Certainly anything of that kind was the farthest in the world from any intention of mine. I understand that there is no objection on the part of the Senfrom Iowa, and I be e there will be none from the Senfrom assnchusetts, that we make this subject the special order for Tuesday next. So far asI am concernedI am entirely satisfied with that. That can only be done by taking it u and then making it the special order for that time. I am qmte willing that it should be done by unanimous consent.
Mr. POMEROY. If it can be done by unan imous consent, I will withdraw my motion.
Mr. YATES. I rise simply to remark that I prefer the consideration of this question today for a reason directly the reVerse ofthnt which seems to animate the Senfrom Massachusetts, [Mr. SiMxsn] I prefer that on the day that so many happy people in the streets of Washington are ce ebrating the anniversary of their independence we should set another star in the constellation of freedom. But, sir, I yield my objections and consent to the postponement.
Mr. WILSON. lt seems to me everybody is agreed in this matter, and there is no need of prolonging this controversy.
Mr. POMEROY. With the understanding that the question is to be taken up on Tuesday, I withdraw my objection,
The PRESIDENT protempers. The bill before the Senate iIs House bill No. 238.
Mr. TRUMBULL. I want to know if the Colorado bill is made the special order for Tuesday next at one oclock.
The PRESIDENT protempers. The Chair is unable to answer the question.
Mr. TRUMBULL. move that we 0st poue other orders for the purpose of oing that, and then it will be formally done.
The IRESIDENTpro tcm are. The motion is renewed by the Senfrom Illinois that the present and all prior orders be postponed in order to proceed with the consideration of the subject named by the Senfrom Illinois.
Mr. CLARK. I simply desire to suggest to the Senfrom Illinois not to move to post pone the bill now before the Senate, because then itwill be away from the Senate, but to let it be laid aside informally without npostponement, and let the other question come up by unanimous consent and be made a special order, and then this bill will come up.
Mr. TRUMBULL. I hope that course will be adopted. I will not move to postpone, but I ask that the Senate by unanimous consent allow the bill in reference to the admission of Coloradopto be made the special order for Tuesda next.
The PRESIDENT protompore. The Senfrom Illinois asks that the bill now before the Senate be laid aside by unanimous consent and that the motion to reconsider the bill in regard to the adriuission of Colorado be taken up. The Chair hears no objection. That subject is before the Senate, and the motion is that the vote rejecting the admission of Colorado be reconsidered. That question is before the Senate. Will the Senate reconsider the vote?
Mr. TRUMBULL. I now move, in nrsuance of the understanding, that that subect be postponed to and made the special order for uesday next at one oclock. The motion was agreed to. PROTECTION OF U.S.SOFFICERS.
The PRESIDENT prole mpore. The bill (H.R.No. 238) to amend an act entitled “An act relating to lzabrascorpus, and regulatin ndiclal proceedings in certain cases, approved arch 3, 1863, is now before the Senate, as in ComWhole, the ending question being on the amendment of the Senfrom Vermont [Mia Enmusns] to the 1st section of the bill.
Mr. HENDRICKS. I thought there was a special order for this hour.
The PRESIDENT protempore. There is a special order, but the unfinished business of yesterday takes recedence of the special order.
Mr. BUCKA EW. I call for teyeas&nays on the amendment of the Senfrom Vermont. The yeas&nays Jere ordered.
Mr. CONNESS. Many Senators have left the Chamber, and this is an important vote. I hope it will not be taken at the present time. Senators have gone out for a few minutes, and I suggest that the Senate take a recess for a short time. [The procession of the colored citizens, in celebration of their enfranchisement, had attracted Senators to the balconies]
Mr. TRUMBULL. They will be in, I suppose.
Mr. CONNESS. There is hardly anybody here to vote.
Mr. TRUMBULL. There is a quorum here, I think.
Mr. BUCKALEW. Send the Sergeant at Arms after the absentees.
Mr. CONNESS. Then let there be a call of the Senate.
Mr. JOHNSON. There is never a call of the Senate.
The PRESIDENT protempore. The call of the roll will procee on the amendment of the Senfrom Vermont.
Mr. SAULSBURY. I ask that the amendment be reported.
The Secretary read the amendment, which was in section one, line 20, at the end of the section to insert: Or so far asitoperates as ndefensofor any actdone or omitted in any State representedin Congressduring the rebellion and in which at the time and place of any such act or omission martial law was not in orce.
Mr. CONNESS. I move, underthe circumstances, thatt he Senate do now adjourn. [“No, " H No. 17}
Mr. JOHNSON. I ask for the yeas&nays on that motion. he yeas&nays were ordered. The Secrets proceeded to call the roll. Mr. NYE. rise to make an inquiry whether it would be in order to make a motion before the vote is declared.
The PRESIDENT protempore. No motion can be made while the Senate is dividing. The result was announced years 19, nays 14, ABSENT 6. So the motion was agreed to; and the Senate adjourned. rimcs,
###HOUSE OF REPRESENTATIVES. Tnunsnsr, April 19, 1866. The House met at 12 o clock m. Prayer by the Chaplain, Rev. C. B. BOYNTON. The Journal of yesterday was read and approved. nIsrmer coun rs IN NIW YORK.
Mr. MORRIS, by unanimous consent from the ComJudiciary, reported a bl“ $111. Mr. No. 134) to regulate the terms of thoU.S. courts in the eastern district of NewYork, and for other purposes.
Skip Skip The bill was read. The committee reported sundry amendments to the bill of a verbal character, which were agreed to. The bill was then orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time and passed. Mr. MORRIS mtRtv the bill was passed; upon the table. Agreed to. TESTIMONY OF A. H. STEPHENS.
Mr. BOYER, by unanimous consent submitted the following resolution; which was read, and referred, under the law, to the ComPrintg: Resolved.That there be printed for the use of the members of the HoRep for distribution 50,000 copies of the testimony of Hon. Alexapdar H. Stephensbefore the Comrttcoon reconstruction.
Mr. ROGERS. I move to amend that resolution so as to make the number 75,000.
The SPEAKER. The resolution has gone, under the law to the ComPrintg.
Mr. WASHBURNE, of Illinois. I object to the introduction of the resolution.
The SPEAKER. The objection comes too late. The resolution has already been referred to the ComPrintg. DEPOT FOB IRON GLADS
Mr. LYNCH, by unanimous consent, introduced a JtResolution authorizin g the appointment of examiners to examine a site for a fresh water basin for iron clad vessels of the U.S. Navy; which was read a 1st and 2nd time, and referred to the ComNavAffrs. INSTRUCTION IN AGRICULTURAL COLLEGES.
Mr. LYNCH, also, by unanimous consent, introduced a bill to provide military instruction in agricultural colleges established under the act of July 2, 1862; which was read a 1st and 2nd time, referred to the ComMilAffrs, and ordered to be printed. PERSONAL EXPLANATION.
Mr. WHALEY. I ask the unanimous consent of the House to make a personal explanation.
Mr. ROGERS. Oh, no; let us hear the gentlemans exlanation.
Mr. WASHBURNE, of Illinois. Well, I will not object.
Mr. WALEY. I learn that yesterday, during my absence, the Gentfrom Ohio i[Mr. oonssros] asked to have a letter read from a ntleman in the reporters gallery, but the resing was objected to. I hold in in hand a letter from the same gentleman which I am informed by his friends e desires to have read to the House. That is my excuse for offering it, and I ask that it be read.
The Clerk read the letter, as follows: Rsroursas Gsnnnnr Honss or Rsrnssssnrivss. Aprill6, l864. Sm: I sincerely regret that I was not present to hear your eloquent.severe, and well merited rebuke of some anopyrnous correspondent, who had the bill mannersto intimate that you did not know the elements of the Latin languuqf: and that what all now know you intended as a lo a was in any sense considered asin earnest by yourself. will you do me the JUSHCO to state that I did not write in the arrticle oncaused to be read, or procureits even nowthat it had beenwritten, until the Gazctto, in which it appeared as a selection, reachedWashington? You wall at once perceive that the force of your remarks againstthe real offender will in no degree be broken by the correction which our own keen senseof justice and n precintion of the ridiculous wrll prompt you toma 0. Very respectfully year obedientservant, Hon. Kaunas V. Wruinnr. H. V. N. BOXLTON
Mr. WASHBURNE, of Illinois. Isuppose the Gentfrom WestVirginia is satisfied, as I have no doubt the House is, of the good faith in which that letter was written.
Mr. SPALDING. order of business. PUBLIC PRINTING DEFICIENCY BILL.
Mr. STEVENS, from the ComAppropriat. reported a bill making appropriations to supply deficiencies in the appropriations for the public printing for the fiscal year ending June 30, 1866; which was read a 1st and 2nd time. referred to the ComWhole on the state of the Union, and ordered to be printed.
Mr. STEVENS. I move that the bill be made the special order for tomorrow. This money is needed for the payment of the hands during this month.
Mr. wASHBURNE, of Illinois. I would ask the gentleman how the business of the House stands in regard to the ordinary appropriation bills.
Mr. STEVENS. With the exception of the Indian appropriation bill, all the general appropriation lbills have been passed and sent to the Senate, and only one or 2 of them have come back. We have, besides the ordinary deficiency bill, which is always kept to the end of the session, only the miscellaneous appropriation bill back. All the other general appropriation bills have been reported to the House and they have all been passed with the exception of the Indian appropriation bill, which has been kept back in order that provision may be made for several new treaties.
Mr. ROSS. I object to the bill being made a special order.
The SPEAKER. A majority vote can make the bill the special order for tomorrow, it being an appropriation day. The Chair will put the question to the House. The motion to make the bill a.special order was agreed to.
Skip Skip LEAVE OF ABSENCE. Mr. McRUER asked and obtained leave of absence for one week for his colleague, Mr. HIGBY. ORGANIZATION or THE PENSION BUREAU.
Mr. SPALDING. I call for the regular order of business.
The SPEAKER. The regular order of business during the morning hour is the call of committees for reports. At the close of the morning hour of yesterda the House had reconsidered the rejection O House bill No. 278, reported from the ComInvalidPens, in amendment of the several acts relating to the organization of the Pension Office. The question now is, Shall the bill ass?
Mr. PERHAM. Thishill hasgeen prettyfully discussed, and I desire that it shall be put upon its passage now. I call the previous nestion. liMr. WASHBURNE, ofIl ine is. I ope the Gentfrom Maine [Mr. Pnnnau] wrll not do that. He himself proposed yesterday to have this bill recommitted to the ComPensions. I be e be will have the letter of the SecyInterior upon this subject of salaries read to the House. I think the gentlemnn did not state to the House what that letter was.
Mr. PERHAM. I have seen no letter of the SecyInterior upon the subject of this Pension Bureau.
Mr. WASHBURNE, of Illinois. Well, I hope the House will understand that this is but a stepping stone to raising the salaries of all these officers.
Mr. PERHAM. I think this House is as well prepared to act upon this subject as it ever will be.
Mr. SPALDING. I hope the gentleman will allow me to say a wor.
Mr. SPALDING. I would as soon vote to raise the salary of the ComrPension as to raise the salary of any other officcr; but I want to know if this is to be a step ping stone to raising the salaries of all those officers. If it is, let us know it.
Mr. PERHAM. That question was asked yesterday and answered as fully as it could be. I demand the regular
Mr.SPALDING. Ionly desire thatthe House shall act understandingly upon this subject.
Mr. CONKLING. With the permission of the gentlaman from Maine, [Mr. Pnnnm] I desire to say that I voted yesterday in the 1st instance against this bill. I did it, I confess, without much knowled e of the bill, forl happened to be out of the louse and unavoidnb y occupied otherwise when the explanation of the bill was made. I voted against the bill from my general opposition to the increase of salaries. For one, I have great respect for the Officer whose salary is in question here. I believe him to be a very pure man and a very excellent officer; but if the Gentfrom Maine will take the trouble 1 will thank him to state, for my benefit and for the benefit of others similarl situated who did not hear his eXplanation, what is the iarticular reason for raising the salary of this officer. If it is really a case of hardship, my inclination would be to go with him althoughJ am generally opposed to raisin salaries. Jm;
Mr. PERHAM. On the 1st day this question came up I presented, as fully as I could in the very brief period [occupied the reasons which governed the committee in making this recommendation. I stated the fact of the very large amount of business now before that bureau; that it had increased perhaps tenfold since the commencement of the late war. I also stated that the salaries of these bureau officers were formerly fixed at half the salaries of the Cabinet officers. The salaries of the Cab inet officers have now been raised to $8,000 a year, and we propose by this bill to increase the salary of this officer so that it shall corre spond to the salaries of Cabinet officers, asit did before those salaries were raised. I also stated the further fact that many other otheers of the Government, heads of bureaus having much less work to do and much less responsibility, are receiving salaries equal to an in some instances greater than that which the committee propose to give to this otheer. Those arguments are set forth more fully in the columns of the Globe than I feel willing to take up the time of the House in now stating.
Mr. WASHBURNE, of Illinois. I would ask the Gentfrom Maine if the duties of the 2nd Auditor have not increased within a few years in a greater proportion than those of the Commissioner O Pensions and the duties of the 3rd Auditor have also been increased and I know that the duties of the ComrIndnAffr have been increased nearly twofold, in consequence of troubles among the Indians of late. I be same reasons which operate in favor of increasing this salary will operate with equal force in favor of increasing the salary of every bureau officer of the Government and if we increase the salary of the ComrPension. I do not see how we can refuse to increase the sala ries of other Officers. As the Gentfrom Ohio [Mr. Si Amlxo] has very well said, this is merely a stepping stone to a general increase of salaries.
Mr. RICE, of Maine. I understand that the SecyInterior has written a letter explaining his views upon the question of raising this salary as well as other salaries in his Dept. O man in this House feels better disposed toward the ComrPension than I do; and I have seldom given a vote with so much reluctance as that which I gave yesterday against the increase of the salary of this officer, because I am fully aware of his great merit and the immense labor he has to perform. I only voted as Idid for the reason that I believe the increase of this salary would be a precedent for the increase of other sala ries. If a letter from the SecyInterior on this subject is before the committee, I believe it due to the House that the letter should be read. I have just this moment understood that there is such a letter. Iask my colleague [Mr. PERHAM] whether such 18 the fact.
Mr. PERHAM. I will state; in reply to my colleague, that no original letter from the SecyInterior as come before the comirnttee. There is before the Senate a proposition for the reorganization of the whole Inte prior Dept, and in connection with that reposition a letter from the SecyNterior has been communicated to the Senate. I believe that that proposition provides for a similar reorganization of the pension dept to that originally proposed by this bill in other words, it provides for an increase of the salaries of the higher grades of clerks in that Dept. A copy of that communication from the SecyInterior was sent to me as chairman of the ComInvalidPens. I now demand the previous question.
Skip Skip The previous question was 2nded and the main question ordered, which was upon the passage of the bill. Mr. SPALDING called for the yeas&nays. The eas&nays were ordered.
Mr. ASSON. I desire to inquire whether the bill as it now stands makes any change touching the salary of the chief clerk of the Pension Bureau.
Skip Skip The question was taken; and it was decided in the affirmative years 61, nays 51, not voting 71; So the bill was passed. During the roll call, Mr. VANAERNAM stated that Mr. HUB BARK), of Connecticut, was confined to his room by sickness. The result was announced as above stated. SHIP CANAL AROUND NIAGARA FALLS.
Mr. VANHORN, of NewYork, from the ComRds&canals, reported back, with amendments, the hill (H. I. No. 344) entitled “An act to construct a ship canal around the falls of Niagara.”
Mr. PAINE. The Gentfrom NewYork yields to me; and l offer an amendment in the nature of a substitute for the bill, and ask that it may be printed.
The SPEAKER. The Chairhears no objection, and the substitute will be ordered to be printed.
Mr. JENCKES. I ask the Gentfrom NewYork [Mr. Van Homv] to yield to me that I may offer a substitute for the amendment.
Mr. TAYLOR. I would like to ask the Gentleman aquestion right here.
Mr. TAYLOR. I would like to know what benefit this canal will be to the American commerce after this In e expenditure, so long as the control of the StLawrence river is with the Eu lish Government.
Mr. VANHORN, of NewYork. It will be the same benefit to our commerce that the Wel land canal now is.
Mr. TAYLOR. Wliat benefit will that be since the abrogation of the reel rocity treaty?
Mr. VANHORN, of NewYork. do not understand that the abrogation of that treaty deprives us of the use of that canal. In the year 1862 I understand that over 30 millions of commerce passed through the Welland canal into Lake Ontario, and more than 3/4ths of it Went into American ports and did not go into the river StLawrence. We want a communication for the benefit of sur commerce, and if we do not furnish this communication Canada will do it. I repeat, that it is a question whether we shall control this commerce or whether Can ada shall do it. The records of the past show very clearly that more than 3/4ths of all the commerce that has gone through that canal has gone into our ports, and not down the StLawrence river; and so it will be hereafter and if such is the fact, while that canal is under the control of a foreign Government and while our commerce between the lakes is not under our own control fully, it becomes a very important question whether we shall not have a canal of our own on our own side over which we shall have entire control, and thus direct the trade through our own ports and to the benefit of our own citizens. As 1 stated at the opening of my remarks, there are several gentlemen who wish to speak this morning; and, as I am very much indisposed and propose to discuss this measure ereafter, I yield to gentlemen who desire to speak. I yield now or 15 minutes to the Gentfrom Illinois, [Mr. Mounrox]
The SPEAKER. The 15 minutes of the Gentfrom Illinois have expired.
Mr. VANHORN, of NewYork. I yield the remainder of my time to the Gentfrom Ohio, [Mr. SPALDING]
The SPEAKER stated that the morning hour had expired.
Mr. SPALDING. passage of the bill. ENROLLEDJtResolutionS SIGNED.
Mr. DAVIS: Add to the section the following: and it shall be lawful to appoint and commission as ofllcers in any of the organizations authorized by this notany persons who have been distinguishedfor allant and meritorious service in the Army of the U.S. during the late rebellion, and buys beenwoundedor partially disabled therein while in the lincof their duty: Provided, the disubilit arising therefrom shall be.such only as if incurre in the regular service under officers commissions would not incapacitate them from duty therein. The previous question had been 2nded and the main question ordered upon the section and endin" amendment.
Mr. SCHENCK. Mr. Speaker, I have conI am in favor of the ferred with the Gentfrom NewYork in relation to his amendment, and considering it is general in its character, relating to all arms of the service, he agrees to withdraw it now and to offer it as a new section hereafter.
Mr. CHANliElt. I do not feel disposed to obstruct the action of the House, but should like to understand the reason for this sudden change.
Mr. SCHENCK. I ask unanimois consent that the Gentfrom NewYork [ML Dans] shall be permitted to withdraw his amendment. The section relates entirely to infantry regiments, and the amendment to all arms of the service. It is deemed improper to attach to a section applyin to one particular arm of the service renera legislation in reference to all arms. prefer the amendment should be withdrawn now and moved as an additional section hereafter. As to debate, there will be ample oppor mnity on each section. I do not propose to stifle side debate at all.
Mr. CHANLER. The gentlemen on the administration side seem to wish that this matter should pass without debate. I will withdraw the objection. The amendment of Mr. DAVIS was according: withdrawn.
Mr. TAYLOR. Will it be in order to offer an additional section here to come in immedi utcl after this?
The SPEAKER. The gentleman can move it shot the 6th section, not after this. An additional amendment incorporated in the bill is an amendment to the section immediately preceding.
Mr. TAYLOR. The amendment that I wish to offer comes in properl after the 5th section.
The SPEAKER. the chair rules that it would be an amendment to the 5th section and not.in order, as that section has been passed from under the previousquestion.
Mr. TAYLOR. The objec t of it is to continue the pensions of all these officers and soldiers during the time they are in this service, and it therefore properly comes in here.
Mr. SCHENCK. I for one have no objection to its being offered here, but I do not give it my assent.
Mr. STEVENS. I think we had better go on to the next section.
The Clerk read section 6, as follows: SEC. 6. Abife: That the appoint montsto be made from among volunteer OiIlCOXuS n der the provisions of this nct, shall be distributed, as lfiien saesrmviacye, by each mo nosnitsghten With the interests of the pu by States.Territories and DistCol, in proportion to the number of troops furnished by them respectively to the service of the U.S. during the Into war.
Mr. STEVENS. I move to strike out the words “so far as may be consistent with the interests of the public service.” I think there will be no difficulty in any State in findin enough to fill their note, and therefore I would not leave it optionzil with anybody to make discrimination against particular States.
Mr. NIBLACK. I rise to a question of order. There is not a quorum resent.
Mr. BROMWELL. move that the House adeorn.
The SPEAKER. the Gentfrom Ohio [Mr. SCHENK] is on the nor.
Mr. SCHENCK. I would like to get through this section.
The SPEAKER. The Gentfrom Indiana [Mr. NIBLACK] can demand a division whenever a vote is relllfed.
Mr. SCHENCK. qIhe language proppsed to be stricken out was put in by the committee simplybecause it might not he practicable to divide the proortion precisely by arithmetical calculation. If you should undertake to do so, you might have for one State or Territory an officer and a half or 2/3rds. If the gentleman will insert some words which will obviate the renirement for an exact division, so that one O our gallant men shall not be cut in 2, I will assent to it. I have no objection. for instance, to distributing these appointments in the proportion stated as far as practicable.
Mr. STEVENS. I will modify my amendment accordingly. I move to strike out the words as before, and to insert in lieu thereof the words “so far as practicable.”
Mr. CHANLER. I would ask for information from the gentleman who offered this amendment, or the chairman of the ComMilAffrs, what bearing this section will have upon the forces raised by the socalled loyal States from the States in rebellion. As understand it, no States which, under the operation of the Freedmens Bureau, and under the regulations of the service the war, fitted out regiments which were deuarlilneg by the name of States in rebellion, will be entitled to the proportion under this section of officers for the troops which were actually raised for themselves, though nominally raised in the southern States. For instance, during the occupation of Port Royal regiments of colored troops were raised there, and called the 1st, the 2nd, &c., SCarolina regiments. Now, do I understand the effect of this section to be to give to the State of SCarolina a proportion of the officers to be appointed from officers of the colored regiments in this reorganization of the Army? I understand that to be the effect, and it may be the intention of the section. I now yield to the Gentfrom Pennsylvania, Mr. Aucoxn]
Mr. NCONA. As our friends on the other side of the House may be a little delicate about making a motion to adjourn on this occasion, I will do so for them. I move that the House do now adjourn. The motion to adjourn was not agreed to. The question recurred upon the amendment of Mr. SrsVENS to strike out the words “as far as may be consistent with the interests of the public service” and substitute the words “so far as practicable." The amendment was agreed to. Section 7 was then read, as follows: 830. 7 and be “ Abife: That muchregiment of infantry provided for by this act shall have one colonel. one icutenant colencl. one mnior. one adjutant. ouc regimental quarteruiaster. one regimental commissary. ten captains. ten 1st lieutenants.ten 2ndlieutenants.onesergeantmajor. one quartermnster sergeant. one commissuryse rgeaut. one hospital steward. 2 principal musicians and ten companies and each company shall have one captain. one 1st lieutenant and one 2ndlieutenant. one 1stsergcant. Four sergcants.eight corpornls, 2 artificcrs. 2 musicians.one wagoner and 50 privates and the number of dprivntes may be increasedto 100.at the ise retion of the president. wheneverthe exigenciesof the service require such increase.The adjutant. quartermaster.andeom missary of a regimentshall be an extra 1st lieutenant. appomted for their respectiveduties.
Mr. WASHBURN, of Indiana. I move to strike out the words “two artificers” in the clause relating to the organization of the companies. I make the motion more for the purpose of asking the members of the Military ommittec what are the duties of these artificers, especially in the infantry regiments.
Mr. SCHENCK. This provision has been made in accordance with sing estiens by the military council that assemble here, comprising Generals Meade, Sherman, and others. It was urged that at least 2 men in each company. should be skilled artificers. That would constitute for each regiment what might be termed a corps of pioneers to aid in building bridges, and doing all other duties appropriate to such service and we thought it not inappropriate to allow that number to each company, according to that suggestion. I think myself it isa good provision.
Mr. WASHBUR., of Indiana. Would not the same proriet require ambulance men?
Mr. SCHENK. It might or might not be. They are connected with tesurgical Dept, and can be detailed for that service.
Mr. WASHBURN, of Indiana and these artificers are connected with the uartermasters Dept, and can be detailed as well as the others.
Mr. SCHENCK. There is always something for artificers and pioneers to do in time of peace, about forts, dac and I trust wo shall for a long time be in such a condition that we shall not require ambulance men.
Mr. KASSON. would ask the Gentfrom Ohio [Mr. SCHENCK] what reason there is for the last clause of this section? That clause is: The adjutant quartermaster and commissaryof a regiment shall each be an extra 1st lieutenant. appointed for their respective duties. I am not sufficient of a military man to be an authority, but I suppose we have not hith erto had any extra officers for the purpose of doing these duties.
Mr. SCHENCK. I suppose we better dispose of one amendment before another is offered.
Mr. VANAERNAM. I desire to move to amend this section by striking out the words “regimental commissaries.”.
The SPEAKER. That would not be in order, pending the amendment of the Gentfrom Indiana, Mr. wASHBURN.]
Mr. WASHBUIti, of Indiana. I will with draw my amendment for the purpose of allowing the Gentfrom NewYork [Mr. VANAERNAM] to offer his amendment.
Mr. WASHBURN, of Indiana. I believe that in time of peace the number of the officers of the Army should be reduced as low as possible, and that all useless Officers shonl be dispensed with. In this case, during the war, when we have had marches of extreme length, it has sometimes been necessary to detail an officer to act as regimental couimissary, but it was only in extreme cases that such was the case. Now, you will hardly find a single regiment stationed as an entirety at one post, and the post commissary distributes rations to the company at the post. I can see no use of a regimental commissary when you have a quartermaster who, during the war, has done this duty and done it well. This bill proposes, at the enormous expense of $05,000 a year, to add another officer to each regiment. Instead of reducing the expenses of the Army, we are proposing to add an officer to each regiment at an expense of $95,000. I am opposed to any such motion unless there can be some good reason shown for the increase.
Mr. SCHENCK. I think that the only motive that the committee had in adopting this provision was this: it has been thought by many, both in time of peace and in time of war, an imerfection in the system that one officer should combine in himself 2 characters, and thus mix his accounts, being responsible to 2 different Depts. the QuarterMGens Dept on the one side and the commissary Dept on the other. Therefore. in following the recommendation made by the principal officers of the Army, who sat in counci rtpon all these subjects, the committee assente to an arran ement by which the 2 distinct Offices shonl be created in the infantry as in the other arms of the service. The difficulty is obviated to some extent by having a commissary and n quartermaster ser geant. I am not disposed to insist, myself, very strongly upon this provision for an additional Officer. I am Willing that the House shall decide the question.
Mr. WASHBURN, of Indiana. Will the gentleman tell me how it happens that in only one branch of the service an officer of this kind has been found necessar?
Mr. SCHENCK. I ell, I think it is as necessary in one as in the other. It is questionable whether the office is necessary in one arm of the service or in the other. I trust the House will come to a vote.
Mr. VAX ABB NAMB amendment, and it was agreed to.
Mr. SCHENCK. I now move to strike out, in lines 4 and 5, the words "ten captains, ten 1st lieutenants, ten 2nd lieutenants.” The section already provides, in regard to these regimental officers, that each company shall have one captain, and one 1st, and one 2nd lieutenant. This is only a repetition. These officers are provided for in the regimental or ionization. The amendment was agreed to.
Mr. HALE. In order to perfect the section I move to strike out the word “ commissary in the 14thline. The amendment was agreed to.
Mr. WASHBURN, of Indiana. Will the gentleman allow me to ask him a question?
Mr. WASHBURN, of Indiana. The bill, as it stands, provides that the number of privates in a companymay be increased to 100. at the discretion of the President. Does the gentleman oller his amendment because he mnot trust the President?
Mr. VANAERNAM. I offer the amendment because I believe it improper to allow a coman to be organized With less than 100 men. If you allow companies to be organized with a smaller number, your Army will be a mere skeleton without any muscle. You will have an army composed simply of officers and drummers an arm that may be fitted toillustrate the “ pomp an circumstance of war, ” but which Will be incompetent for eflicient service in an exigency.
Mr. SCHENCK. Iyhave very little tosay in r rd to this amendment. But I deem it impo itic and certainly not economical to keep the Army all the time u to its maximum. The effect of the gentlemans amendment, strikin out “ 50 and inserting “ 100, ”woul be to keep the companies all the time at their maximum. It would organize at once an Arm of 80,000 men. I hope the amendment will not revail.
Mr. F. RQ FHAH. I desire to ask the Gentfrom Ohio, ifhe will permit me, whether the effect of the bill would not be to increase the number of regiments just one half, and thus increase in the same proportion the number of Officers? O
Mr. SCHENCK. It would not have that effect without further relotions.
Mr. FARQUHAR. It you make a company consist of 50, instead of 100, do you not thereby increase the number of Officers just 1/2 I
Mr. SCHENCK. The Officers are the same. The expansion is to be by filling up the reiments as occasion may require, but to keep the Army down to the owest practicable point with rd to numbers in time of peace.
Mr. VANAERNAM. I desire to say a word or 2 in addition to what I have already said on this subject. It has been demonstrated, during this rebellion, that our people are not much inclined to enlist in the regular Army; they prefer to enlist involunteero nizations. In reference to the organization of this Anny, I wenld consult the views of the SecyWar and the Lieutenant General, and allow thorn to have just as ten dollars permon many men in the field as they may think necessary and proper, with regard to the exigencies of the service and the condition of the country. But I would not allow organizations to go into the field in a skeleton capacity. The effect would be you would have afull quota of officers all the time, but you would not have the men to do the duty. on want a company of 100 men to garrison a fort, take care of the guns and other public property. If you put these skeleton regiments into the field you will have to take 4 companies to make up these 100 men, while you will have 15 or 16 officers to pay instead of 2 or 3. I apprehend it is not a matter of economy. It is not just to the people of the country to keep u officers when there are no men to perform the service. If 50,000 men he needed let them be furnished in full companies and not in skeleton companies. I tell you if you adopt the revision for these skeleton companies, you W1 have an army of officers and musicians and no one to do dut.
Mr. GARFIELD. I hope e amendment will not prevail.
Skip Skip The question recurred on Mr. VANAERKAMS amendment. The House divided; and there were ayes 83 noes 36; no quorum voting. 5 Mr. HARDING, of Illinois, demanded the yeas&nays. The yeas&nays were ordered. The question was taken; and it was decided in the netive yeas 45, nays 65, not voting 73; So the amendment was disagreed to.
The Clerk read the next section, as follows: SEC. 8. aAbife: iclf, Thatthe adiutants, quartermasters, and oommissaricsof infantry mi monts shall be mounted officers; and that all regimental adjntants, qtinitermasters, and commissuries shall be paid in addition to their other proper allow ances, as first lioutenants and niountedo ccrs, tendollarspermonth, “ compensationfor tlwir greater care and responsibility: and Officersot the line detailed to act as regimental quartermasters or commissarics, or as quartermastersor commissariesof permanent posts, or of commands of not lcss thn.ntwo companies, shall, when the assignment is duly report to and approved by the War Dept receive as extra compensation while responsible for Government property, ten dollars permonth.
Mr. VANAERNAM. I move to strike out the word “commissaries” in the 2nd and 4th lines. The amendment was agreed to.
Mr. VANAERNAM. I move to strike out after the word “ officers" in the 3rd line, these words: and that all reimontal adjutantsa ndquartermasters shall be pai. in addition to their other proper allowancesas 1st lieutenants and mounted officers. orrill Nbw. as compensation for their nooter core and res nsilfitity: and Ufliocraof the line detailed to act as regimental quartormastersor commissarics, or as quartermasters or commissnries of permanentposts, or of commandsof not lessthan 2 companies, shall, when the assignment is duly reported to and approved by the War Dept, receive as extra compensationwhile responsiblefor Governmentproperty. ten dollars permonth. I do not see why these Officers should have an easy time in comparison with the officers of the line.
Mr. GARFIELD. Will the gentleman allow me to ask aquestion?
Mr. GARFIELD. Does the Gentleinan kno w of a single enlisted man in the old Army in 1861, or thereafter, who deserted and went over to the rebellion? and were not the desertions he speaks of confined wholly to officers?
Mr. HARDING, of Illinois. Yes, sir. I! I used that language I retract it. Not many of the enlisted men, I believe, deserted. But, sir, I wish to say this: that if in the future our country encounters difficulties by reason ofinsurrections at home or by collision with nations abroad, our reliance will be upon the patriotism and intelli once of the peoplo for the preservation of a government which is a blessing to those people, a Government which does not burden the m with the incubus of a standing army, making them discontented and indisposed to fight for its preservation. I Will undertake to say that if we should teuyears hence havea war, it would bebetter and more cheaply provided for and maintained by issuing aproclamation to the freeinenof this coun. try to come forth and fight the battles in the interest of freedom and good government than in keeping up a standing army in anticipation of such )an event. Hence I do not believe in the policy of providing a large standing army, and keepin it up for ten, 20, or 30 years, for e purpose of being prepared for war. I want no great horde of officer s to eat out our substance and whatever may be the purpose and object of the bill before us, its effect, I fear, will be to create a large number of officers and to make an inefficient army. To that I am opposed. I am willing at all times to give employment to the volunteer officers who have been serving their country during the late war, whether they happened to be wounded or not, by giving the preference to them in the selections for the public service. I am willing that they shall be employed almost exclusively in doing garrison and other light duties, which are the only duties renired to be performed in time of peace. 1 cse are my general views, and I shall vote to reduce the Army to 30,000, or at most, 40,000 men.
Mr. VANAERNAM. Will the gentleman allow me to inquire of him if he would have those 30 or 40,000 men organized in regiments of 1,000 men each, orwould he have twice that number of regiments?
Mr. HARDING, of Illinois. I would have only 30 or 40 full regiments if it was not incon ruous with the bill. But I voted for the amendment of the Gentfrom NewYork [Mr. VANAERNAM] with the hope that the rest of the bill.would be made to conform to it.
Mr. VANAERNAM. Would not the Gentfrom Illinois deem it advisable to perfeet the bill in the best possible manner, and in the end recommit it, iflneeessary, to do what the chairman of the Military Committee [Mr. SCHENCK] yesterday called “to lick it into sha e?”
Mr. HARDING, of Illinois. There is no trouble in reducing this bill to the shape the gentleman indicates. ButI obtained the floor on the condition that Ioposed the gentlemans amendment, and there ore I speak as if advo cating the bill in its present sha e.
The SPEAKER. The Chair inquired if the gentleman intended to oppose the amendment merely for the purpose of equalizing the debate. The gentleman can speak for or against the bill, as he leases, having obtained the floor.
Mr. HAlgDING, of Illinois. The Gentfrom Ohio [ML SCHENCK] has referred to the generals of our armies as the authority for determining the number of troops required in time of peace. Now, we must all remember that there is some human nature in all of us. It is quite natural for the men who command the armies of the U.S. to desire that our Army shall make a decent show in the world um it should at least dignif the offices they hold in connection with it. An I think myself that the policy of this bill is to make a brilliant army one that will accord with the characters and brilliancy of the generals in command of it. f we had a different form of government I might “go in, ” as the saying is, for an army of half a million men, one able to make a show before the monarchs of the world, one able to control by force the people of this country who now claim the right of self government. But under our form of government we depend upon a virtuous and intelligent peo, ple, devoted to a support of the Government which pleases them in every respect, and which makes their eke easy, and their burden light. Take awn that resource for the protection of liberty an n free Government an you will find no rotcction in astandingarmy. it is schooled int c school of the tyrant and the monarch, and if it does not ultimately become alien to liberty and democracy, it will prove very different in this country from what it has ever proved elsewhere. I will ask my friendfrom Wisconsin [Mia Pants] if a regiment, according to its ratio of the cost of an army will not cost the Government about a million dollars a year.
Mr. PAINE. I am not able to state the exact amount a regiment will cost the Government.
Mr. HARDING, of Illinois. I think that is about the cost of a regiment, taking in consideration all the pay and expenses of the officers and more than half that expense will be in curred whether there are any privates in the regiment or not. The pay of the officers, the very machinery necessary to keep up the organization of the regiment, will cost the Government more than half that sum. Now, why should the people of this Government be taxed 880,000,000 a year for this Army? For whose benefit and for what purpose? In it to keep down the people of Illinois? We require no such reression in that State. Is it to keep down the people anywhere in this broad country? No, sir; a virtuous public opinion is all that is required for that purpose. If you will give me one division of cavalry and one division of moniited infantry I will undertake that Grant will do the job of preserving quiet all over the Union
Mr. PAINE. I have but a single word to say in reference to the amendment of the Gentfrom NewYork, [ML VANAERNAM.] I have the highest respect for his opinion concerning this bill generally, and I am unwill in to express an opinion differing from his uness absolutely compelled to do so by my own convictions. But my observation has been that the old rule which prevailed in the reii lar Army when the war broke out, and which has prevailed ever since, whereby regimental quartermasters and adjutants always received ten dollars a month additional compensation for their increased resonsibilities, was a rule founded in justice. I believe it is not true, as the gentleman seems to suppose, that these officers, the reimental quartermasters and adjutants have ight duties to perform compared with those that devolve upon the lieutenants of companies. On the contrary, my observation in the Army satisfied me that no officer in the Army was more severely worked than these regimental adutants and quarter inasters when they did their duty. I am not unaware that that duty is sometimes left unperformed, but I undertake to say that the post of a regimental ndjutant or quartermastei, who is faithful to his duty, is no sinecure. The duty which devolves upon him is very much greater, and the responsibilities of his position are very) much graver, than those which devolve upon the lieutenant of a company; for when the march was ended and the lieutenant of a company could lie down to rest, then the work of the regimental adjutant or the regimental quartermaster began; and it oftentimes lasted until morning came, and the column was ready to march again. Now, sir, knowing that the labor and the responsibilities of these men are so much greater than those of the lieutenants, I am disposed to continue this provision a provision which existed before the war, and has continued during the war in this new Army bill. I am therefore opposed to the amendment of the gentleman.
Mr. SCHENCK. I hope the amendment proposed by the Gentfrom NewYork will not prevail. do not desire to add anything to the reasons which have been given, drawn not only from practice, but from propriety, by the Gentfrom Wisconsin who as just taken is seat; but as the Gentfrom Illinois [Mr. HARDING] has referred, as others have done in the course of this debate, to the immense cost of an army, and have overstated it exceedingly under a misapprehension, in consequence of not looking very closely into the figures, I desire to make a statement to the House.
Mr. HARDING, of Illinois. I referred to the ComMilAffrs for information.
Mr. SCHENCK. I will endeavor to give it to the gentleman. I have here the calculation of the pay preoer and allowances for clothing and rations of a regiment of infantry, and the a proper and allowances of its officers, and ) IV find that when you add the pay and allowances of officers and enlisted men to ther it. amounts to $128, 372 1!)a year. In this is not included the allowance for forage or fuel, which are drawn in kind. Of course the forage does not amount to much in the infantry, and while fuel is allowed at posts and in cities the amount is not a large one, except in the case of detailed officers on duty in cities like Washington. Let me make the general remark that in speaking of regiments, I refer to regiments composed of 55 privates, artificers, and officers, the minimum organization provided for here, and not of a reiment expaned toits full number of 100. The additional cost in that case would be something like 70,000 dollars in time of war, the number of officers being the same.
Mr. HARDING, of Illinois. calculation include clothing 2.
Mr. SCHENCK. It includes clothing, rations, and everything.
Mr. HARDING, of Illinois. Does it include arms?
Mr. PAINE. I move to amend by striking out, after the word “that” in the 1st line, the words “ each regiment in the service of the U.S. may have a band, as now provided by law, ” and inserting in lieu thereof the following: 20 bands and no more.may be retained or enlistedin the army, with such organisation asis now provided by law, to be assignedto brigades in time of war and in time of peaceto assembledbrigades or to fortsor postsat which the lurgest number of troops shall be stationed.
Mr. SCHENCK. I am inclined to agree with the Gentfrom Wisconsin [ML PAINE] that such an amendment as this ought to be made. The provision during the war was for brigade bands for volunteers, the regular Army having regimental bands. I incline to think that the drum and life are about the best of music; but still bands have their use with others who have more musical taste than I. These bands seem to have a very inspiritin effect at posts and with brigades or larger be ies. I have no objection to the amendment, if it be so modified as to previde that these 20 bands shall include the band at WestPoint.
Mr. PAINE. I accept the suggestion, and modify my amendment. by strikin out afterthe words “ 20 bands” the wor s, “and no more, ” and by inserting in lieu thereof these words: “including the band of the Military Aendem."
Mr. SCHENCK. As it now stands the provision will be for 20 bands only, instead of a band for each regiment of the Army. Inas much as the band at WestPoint is now provided for I move to amend the amendment by adding at the close the words, “and the band at the Military Academy shall he placed on the same footin as other bands.”
Mr. PAI E. I accept that as a modification of m amendment.
Mr. SpHENCK. I have offered this amendment for the reason that the cadets at WestPoint are now taxed 25 cents each permonth to support their band. I see no reason why that deduction should be made from the pay of these young gentlemen. As that is an nu or tant military est, the headquartersof the 4ngi neer corps, the band at that place should be put on the same footing as the bands of all other or atiens of the Army.
Mr. VANAERNAM. I move to amend the amendment of the Gentfrom Wisconsin so as to make the number of the bands “ 17 ” instead of “ 20.” This will furnish a band to each of the generals in the service, and also a band for WestPoint. These bands Mr. Speaker, are a very exensive luxury. A paymaster in the service of the U.S. figured out for me this morning the monthl pay of a band, and it amounts to $968. If these regimental bands be continued we shall incur an expense of more than half a million dollars a year for this extra music. I agree with the chairman of the ComMilAffrs in thinking that the drum and the life are the only and the true martial music. As that kind of music is already provided in the organization of the company, and of the regiment, I see no necessity for a greater number of bands than 17. By reducing the number of hands it would reduce the expenses $3,000 a month.
Mr. PAINE. I have no objection to reduce the number of hands to 17, butI should be sorryto place the amendment upon the same ground upon which he places it. I should be unwilling to aduate the number of bands according to the number of enerel otheers. I see no connection between them. At the same time I admit the number of bands should be as small as possible consistent with the good of the service. Therefore, but not for the same reason which the gentleman gives, Iacccpt the proposition to reuce the number of bands to 17.
Mr. VANAERNAM. The Gentfrom Wisconsin has mistaken me when he alleges that my idea is to graduate the number of bands by the number of general officers. My idea is to give a band to each unit. A brigade is a unit and is commanded by a brigadier general. I do not propose to furnish a band siniyhly because a man is a general in the Army. e amendment was agreed to.
The Clerk read the next section, as follows: Ste. 10.Abife:.That all enlistmentsinto the Army shall hereafter be for the term of 3 years and that but two field officers shall be appointed to any regiment until 6 companies of the regiment shall have been organized and that but 2 officersfor each companyshall be appointed until the minimum number of men has been enlisted and the regiment duly organized; but recruits may at all times becollected at the general rendezvous in addition to the number required to fill to their minimumall the regiments an: companiesof the Army: Provided, That such recruits shall not exceedin the tenants 3000 men. It shall be compe tent to enlist men for the service who have been wounded in the line of their duty while serving in the Army of the U.S or who have been disabled by disease contracted in such service: provided, It shall be found. on medical inspection, that by such wounds or disability they are not unfitted for cfhclenc in garrison or other light duty; and such men.w on enlisted shall be assignedto service exclusively in the regimentsof the Veteran Reserve corps.
Mr. GARFIELD. I move to strike out “ 3 ” and to insert “5,” so as to make the term of enlistment 5 years instead of 3. I have not heard the reasons of the chair man of the committee, and although I would prefer to hear them before speaking to my amendment, I will yield to him or go on my self now
Mr. sonssen. H will follow the gentleman.
Mr. SCHENCK. Mr. Speaker, it is not the committee, but my colleague, [Mr. Guam n.0] that proposes to change the custom; for the present term of service is 3 years. The gentleman proposes to carry itback to what it was at the commencement of the war in the regular Army. Now, I am not able, without reorence to the military law, to tell precisely the date of the change in the law from 3 years” to 5 years service.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. FonNEY, its Secretary, informed the House that the Senate had concurred in the amendment of the House to Senate resolution No. 29 for the transfer of funds appropriated for the payment of salaries in the postoffice Dept to the general salary account of that Dept. Also, that the Senate had concurred in the amendments of the House to Senate bill No. 89, to issue American registers to the steam vessels Michigan, Despatch, and William K. Muir, and for other purposes, with an amendment, in which the concurrence of the House was requested. MILITIA ORGANIZATION.
Mr. SMITH, by unanimous consent, from the Committee on the Militia, reported a bill to provide for the national defense by establishing a uniform militia and organizing an active militia force throughout the U.S.; which was read a 1st and 2nd time, ordered to be printed, and recommitted to the Committee on the Militia. AMERICAN REGISTERS of YESSELS.
Mr. WASHBURNE, of Illinois. I ask unanimous consent to proceed to the consideration of the amendment of the Senate to the amendment of the House to Senate bill No. 89, to issue American registers to the steam vessels Michigan, Despatch, and William K. Mllll, and for other purposes. There being no objection, the House proceeded to the consideration of the Senate amendment. The amendment was read, as follows: Add to the amendment of the housethe following: and American registersor enrollment and license to. the tollowing named vessels; that is to say, the sMhaipineS;creamer, now called Iionmer, of Brunswick; the barge Mary. of Detroit; the steam tn ampson.of Detroit: the schoon erse aledonia an. nterpriseo. fDetrOit; and the anglo Saxon, aCana dian built vessel, "
Mr. WASHBURNE, of Illinois. I move to amend the amendment of the Senate by striking out the words “ now called Roamer.”
Skip Skip The amendment to the amendment was agreed to. The amendment, as amended, was then concurred in. Mr. WASHBURNE, of Illinois. mtRtv the amendment of the Senate was concurred in as amended; upon the table. Agreed to. APPROPRIATIONS FOR INDIAN TREATIES. On motion of
Mr. STEVENS, Senate JtResolution NO. 69, making an appropriation to enable the President to negotiate treaties with certain Indian tribes, was taken from the Speakers table, read a 1st and 2nd time, and referred to the ComAppropriat. CANAL and SEWERAGE COMPANY. On motion of
Mr. INGERSOLL, Senate bill No. 190, to incorpOrate the DistCol Canal and Sewerage Company, was taken from the Speakers table, read a 1st and 2nd time, and referred to the ComDistCol. Mr. wASHBURNE, of Illinois, mtRtv the bill was referred; upon, the table. Agreed to. REOHGANIZATION OF THE ARMY AGAIN. The House resumed the consideration of the bill for the reorganization of the Army. The pending question was upon the motion of
Mr. GARFIELD to amend the 10th section so as to make the term of enlistment 5 years instead of 3 years, as provided by the bill as reported.
Skip Skip The previous question was 2nded and the main question ordered., The question was put; and there were ayes 25, noes 38; no quorum voting. Tellers were or cred; and Messrs. Roussmu and GARFIELD were appointed. The House divided; and the tellers reported as 45, noes 48. Mr. GARFIELD demanded the yeas&nays, and called for tellers on the yeas&nays. Tellers were ordered; and Messrs. Anuson and GLossunsxunn were appointed. The House divided; and the tellers reported ayes 21, noes not counted. SO the ycas&nays were ordered. The question was taken; and it was decided in the negative yeas 40, nays 61, not voting, 82; So Mr. GAnFinLns amendment was disa greed to.
The Clerk read, as follows: SEC.11. Abife: That the POTUS is hereby authorized to employin the Territories and Indian country a force of n( ians, not to exceed 1000, to act as scouts, who shall receivethe pay and allowances of cavalry soldiers, and be diseharged whenever the nce cszutyfor their further employmentis abated, or at the discretion of the Dept commander. SEC.12. Abife: That there shall be one lieutenant general, 5 major generals and ten brigadier generals, who shall have the samepa and emoluments, and be entitled to the same sta Officers in numberand grade, asnowprovided bylaw. Sec.13 Abife: That lhc Adjutant Generals Dept of the army shall hercater consist of the number of officers now authorized by law, namely, oncailjutant general with the rank pay, and emoluments of a briciulier general; 2 assistant adjutant aenernls, with the rank. pay, and emoluments of coloncls of cavalry; 4 adjutnnts, with the rank, pay, and emoluments of lieutenant coloncls ofcavalry, and 13 adjutantawith therank, pay, and emoluments of majors of eavalry. But after the 1st appointments made under the provisions of this section, as vacancies may occur in the grade of major. no appointment shall be made to fill such vacanc until the number Of majors in the Dept shall he reduced to ten. to which number the said gradeshall thereafter be limited.
Mr. GARFIELD. Idesire to ask the chair man of the committee to explain to the House, before we pass from this 13th section, pre cisely what is meant by the creation of this new office of iadjutant” in the staff Dept. I would like to know whether these officers, called “adjutantsU will be eligible to promotion in the regular staff Dept, or whether this isa new office which is created; and if so, what is its grade? It is evidently an innovavtion upon the present mode of organizing that staff; and I would like to hear the reason for the change.
Mr. THAYER. Yes, sir 17. There is something more than a mere matter of verbal taste in approposal of thatkind; something more than a mere preference for a particular word. Now, sir, as this is a point of the gentlemans bill where is commenced a process which, if carried out, would undermine and disorganize the whole system of the Army of the U.S. as it is at present organized, I desire to call the attention of the House to the changes which are initiated in the 13th section, now pending. The same operation which is performed by this section on the Adjutant Generals Dept is by subsequent sections performed on the quartermasters Dept and on the subsistence Dept.
Mr. BLA NE. I desire to say a single word in regard to the pending section. The chair man of the committee is very well aware and it is not improper for me to say it that as a member of the committee I have differed from him in regard to this bill as re ards the staff corps. 1 e gentleuian from Pennsylvania, [.hIl. Tunas, I think, would not have shown so much indignation against the committee if he had understood the origin of this nomen clature, as applied to the staff corps. I will state how this change of nomenclature origi noted. The QuarterMGen of the Army an officer for whom I have a most profound respect, was at my instance invited before the Mili Committee to discuss the affairs relating to is Dept, and this is the Dept to which the gentleman has referred with the most zeal.
Mr. THAYER. No, sir; my amendment does not relate to that Dept. You have made this change in the Adjutant Generals Dept.
Mr.THAYER. I will accept the amend m“ent if the gentleman will strike out the words number of;” so that it will read: That the Adjutant Gsnerals Dept of the Army shall hereafter consist of the officers now authorised by law, dre
Mr. BLAINE. Very well; I will do that. I mean no trick about this matter.
Mr. THAYER. I did not suspect the Gentleman of that, and I now accept his amendment, as modified, in lieu of my own.
Mr. SCHENCK. Mr. Speaker, perhaps it is not to be wondered at that a bill relating to the organization of the Army, and therefore looking to war, should stir up this House as this bill seems to do. Gentlemen seem inca pable of speaking upon almost any question connected with the bill without showing a bel ligerent state of feeling, at least toward the committee which has had the honor, in the discha c of their duties to this House, of reportingt is bill. The bill was framed according to the best of their ability; a great deal of care and pains was bestowed upon every part of it, however unfortunate they may have been in atisfyin the expectations of gentlemen all around this House. Now, all I have further to say on that general point of the course taken by the committee, shall be this; and I say it now once for all: when gentlemen on either side of the House shall see proper to intimate or say that the ComMilAffrs has been cun ning, has had sinister purposes, has desied indirectly to make war upon somebody, do not think their impeachment is worthy of being answered. It is unworthy in them to make any such imputation, and it is unworthy in us to reply to it. When gentlemen suspect cun ning and sinister motives in others, I am inself naturally inclined, although not generally suspicious, to suspect that it must be because they derive their conclusions from some conse iousness within themselves that the would have been so influenced had they had the same duty to perform.
Mr.THAYER. Does the Gentfrom Ohio, in his last remark, referto anything that I have said?
Mr. SCHENCK. So faras the gentleman said we meant any covert attack upon these officers, I do refer to him.
Mr. SCHENCK. I so understood the Gentleman. If the tenor of hi remarks was not to that effect, then what I have said has no aplication to him. Mr.THAYER. I certainly infendedto make no reflection upon the committee in anything that I said. 1 simplyargued that the result of the section which they report in their bill was to commit an act of the most gross injus tice. But I trust that no one supposed for a moment that I intended to charge the ComMilAffrs with a deliberate design to do injustice. Of course every one understands that they fcll into this error inadver tently. I intended to cast no imputation upon that committee, and suppose that no one understood me as intending any.
The SPEAKER. The gentlemans time has expired. PACIFIC RAILROAD.
Mr. PRICE, byl unanimous consent, from the ComPacRailroad, reported back Senate bill No. 125, granting aid in the construction of a railroad and telegraph line from the town of Folsom to the town of Placerville, in the State of California, and moved that it be printed and recommitted.
Skip Skip The motion was agreed to. Mr. WASHBURNE, of Illinois, mtRtv the bill was recommitted; upon the table. Agreed to. DISTCOL BUSINESS.
Mr. INGERSOLL, by unanimous consent, introduced the following hills; which were severally read a 1st and 2nd time, ordered to be printed, and referred to the ComDistCol: A bill to authorize a special tax for the purpose of improving the washingtoii city canal; an A bill to incorporate the Washington Canal Company in the DistCol, and for other purposes.
Mr. WASHBURNE, of Illinois, mtRtv the bills were referred; upon the table. Agreed to. PACIFIC RAILROAD AGAIN.
Mr. HOLMES, byunanimous consent, moved that House bill No. 455, to aid in the construction of a railroad and telegraph line from Great Salt Lake City to the Colorado river, and to secure to the Government of the U.S. the use of the same forpostul, military, and o the r purposes, be ordered to be printed. he motion was agreed to. nsriisnisu DUTIES. On motion of
Mr. MORHILL, Senate bill No. 255, to remit and refund certain duties was taken from the Speakers table, ordered to be printed, and reerred to the ComWays&Means.
Mr. WASHBURNE, of Illinois, mtRtv the bill was referred; upon the table. Agreed to.
Skip Skip LEAVE OF ABSENCE GRANTED. On motion of Mr. WARD, leave of absence was granted for one week to Mr. ECKLEY. WASHINGTON sswsa and CANAID COMPANY. On motion of
Mr. WARD, Senate bill No. 190, to incorporate the Washington Sewer and Canal Company, was taken from the Speakers table, ordered to be printed, and referred to the ComDistCol. CONDITION OF THE SOUTH.
Mr. DELANO. I ask the unanimous consent of the House to offer the following resotion: Resolved.That the POTUS he requested to furnish the HoRep with any additional. reports or information he may have received relative to the condition of the southern people and the Stateslately in rebellion.
Mr. STEVENS. I object. PAY or POST CHAPLAINS.
Mr. MILLER, by unanimous consent, presented a JtResolution of the Legislature of Pennsylvania, in relation to the pay of post chaplains in the U.S. Army; which was laid on the table, and ordered to be printed. EQUALIZATION of BOUXTIES.
Mr. MILLER also presented a JtResolution of the Legislature of Pennsylvania, in relation to the equalizationpf bountics; which was laid upon the table, and ordered to be printed and then, on motion of
Mr. CONKLING, (at 4 oclock and 30 minutes p. m.) the House adjourned.
@@@IN SENATE SENATE. FRIDAY, April 20, 1866. Prayer by the Chaplain, Rev. E. H. GRAY. The Journal of yesterday was read and approved.
Skip Skip PETITIONS and MEMORIALS.R. HOWE presented a memorial of the Legislature ofWise onsin, in favor of a grant of land to aid in the construction of so much of the Winnebago and Superior railroad as extends from Dotys Island to Stevens Point; which was referred to the ComPubLands, and ordered to be printed. Mr. MORGAN. I present the petition of George I". Sherman, and 18 others, weighers of the customs in the port and district of NewYork, soliciting an increase of compensation from $1, 485. the sum they now receive, to $2, 500 perannum, setting forth the reasons which, in their opinion, sustain the fairness and justice of their request. I move that it be referred to the ComFinance. The motion was agreed to. Mr. HENDERSON presented the petition of Andrew Branstctter, praying that a pension be granted him; which was referred to the ComPensions. Mr. JOHNSON. Mr. President, I present the memorial of miners and smelters of copperores in 2 or 3 of the States. They state that they invested large amounts of money in the erection and conducting of their coppermines and works at a time when copper ores were free of duty, and they ask, therciore, that they should be relieved from the duty on cop perores, and for a protective duty on ingot, pig, cake, bar, or other copperof 5 cents perpound. They state the reasons for itas succinctly as Icould state them. Imove its reference to the ComFinance. The motion was agreed to. Mr. DOOLITTLE presented a memorial of the legislature of Wisconsin in favor of a grant of land1 to aid in the construction of so much of the Winnebago and Superior railroad as extends from Dotys Island to Stevens Point; which was referred to the ComPubLands, and ordered to be printed. REPORTS OF COMMITTEES.
Mr. NORTON, from the ComClaims, to whom was referred the petition of Mrs. Margaret. Kaetzel, praying for an appropriation for the support of herself and family, alleing that by reason of the death of her hus ban, who was killed on the 5th day of April, 1805, by the premature discharge of a cannon which was being used in firing a salute by order of the SecyWar in honor of the capture of Richmond. she has been deprived of her support, asked to be discharged from its further consideration, and that it he referred to the ComPensions; which was agreed to.
Mr. WILSON from the ComMilAffrs , to whom was referred a hill (S.No.268) to prevent and punish the manufacture and use of also, forged, or counterfeited brands, stamps, dies, or stencils, asked to be discharged from its further consideration, and that it by referred to the ComJudiciary; which was agreed to.
Mr. WILSON. I am also directed by the same committee, to whom was referred aJtResolution (S.R.No. 67) to provide for the erection of fire proof buildingsat the Schuylkill arsenal, near P iladelphia, to report it without amendment. There are some letters and estimates with the bill which I should like to have printed. I make that motion. The motion was agreed to. Mr.WILSON. I am also directed by the ComMilAffr and the Militia to report back the JtResolution (H. It. NO. 107) for the reliefofltcv. Harrison Hcermance, late chaplain of 128 h regiment NewYork volunteers. This is a House JtResolution, and was recommitted to the committee the other day for the purpose of having a report of the facts in the case. The committee find that a report was made in the HoRep. I should like to have the resolution put on its passage now. I think it is right. The PRES] ENT protem ore. Itrequires unanimous consent to considerthe JtResolution on the day it is reported.
Mr. CLARK. I ask that it may be read at large, so that we may see what it provides for, before unanimous consent is given.
Mr. HOWARD. I lmpe we Shall be allowed to get through with the reports of committees.
The PRESIDENT protempore. Objection being made, the JtResolution lies over under the rule.
Mr. ANTHONY, from the ComClaims, to whom was referred the petition of William Cook, praying for compensation for the use by the Government of a lot of land owned by him in the city of Washington. being lot No. 42, in square No. 184, submitted a report accom anied by a bill (S.No.277) for the relief of silliam Cook. The bill was read and passed to a 2nd reading, and the report was ordered to be printed.
Mr. CLARK, from the ComClaims, to whom was referred the petition of John H. Crowell, captain and asst quartermaster of volunteers, praying that the accounting officers of the Treasury may be authorized to allow him a credit of $250 in the settlement of his accounts, reported a bill (S.No.278) for the relief of Captain John H. Crowell, asst quartermaster in the U.S. Army; which was read and passed to a 2nd reading.
Mr. HOWE, from the ComClaims, to whom was referred a bill (H. It. No. 347) for the relief of It. L. B. Clarke, reported it without amendment. He also, from the same committee, to whom was referred a petition of loyal citizens of london county, Virginia, praying for compensation for proper t destroyed by fire, and fortive stock taken or t to use of the Army or sold for the benefit of the U.S. by order of GenlSheridan, reported a bill S.No. 279) for the relief of loyal citizens of oudon county, Virginia; which was read and passed to a 2nd reading.
Mr. HOWARD. The ComPacificRR, to whom was referred a bill (S.No.226) to aid in the construction of a southern branch of the Union Pacific railway and telegraph, and to secure to the Government the use of the some for postal, military, and other purposes, have had the same under consideration, and have directed me to report it back, and to ask that they be discharged from the further consideration of it, on the ground that the committee are of opinion that no further pecuniary obligations ought to be assumed by the Government to aid in the construction of branches of the Union Pacific railroad. The report was agreed to. WESTERN PACIFIC RAILROAD.
Mr. HOWARD. The ComPacificRR, to whom was referred the JtResolution (S.R.No. 61) to extend the time for the construction of the 1st section of the Western Pacific railroad, have had it under consideration, and have directed me to report it back to the Senate with amendments; and they ask that it may receive the present consideration of the Senate. It is a very short JtResolution, and I hope the Senate will consent to act upon it at once. By unanimous consent, the Senate, as in ComWhole, procceded to consider the JtResolution, which proposes to extend the time for the construction of the 1st 20 miles of the Western Pacific railroad to the 1st day of November, 18M. The 1st amendment of the committee was to strike out "November" and insert “Januarfighi!e amendment was agreed to. The next amendment was to add at the end of the resolution the following: But this extension is upon the condition to be accepted b{ said company and noticeof such acceptance to a given by them to the SecyInterior, that the lands known as the Ian s of the tax missionof SanJose.a.s included in the may and survey tbarcof made October, 1864.by E. H. yer deputy U.S. surveyor, shall not be included in the arapt heretofore made to the said Western Pacific Railroad Company. The amendment was agreed to. The JtResolution was reported to the Senate as amended, and the amendments were concurred in. The JtResolution was ordered tb be engrossed for a 3rd reading, was read the 3rd time, and passed.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. LLOYD, its Chief Clerk, announced that the HoRep had passed the following bills, in which it requested the concurrence of the Senate: A bill (H. It. No. 134) to regulate the terms of the U.S. courts in the eastern distriplt of NewYork, and for other purposes; an A bill (H.R.No. 278) in amendment of the several acts relating to the organization of the Pension office. The message further announced that the HoRep had agreed to the amendment of the Senate to the amendment of the House to the bill (S.No.89) to issue American registers to the steam vessels Michigan and Despatch, with an amendment, in which it. requested the concurrence of the Senate. ENROLLBD BILLS SIGNED. The message further announced that the Speaker of the HoRep had signed the followingenrolled JtResolutions; which were thereupon signed by the President protempore of the Senate: A JtResolution (H. It. No. 88) ex)ressive of the thanks of Congress to Major general Winfield S. Hancock; and AJtResolution (H.R.No. 108) appointing managprs for the National Asylum for Disabled olunteer Soldiers. RESE UE OF THE SanFranCISE O.
Mr. WILSON. I move to take up Senate JtResolution No. 81. It will take but a few moments and it is rather important that it should be acted on promptly. The motion was agreed to; and the JtResolution (S.R.No. 31) manifesting the sense of Congress toward the officers and seamen of the vessels, and others. engaged in the rese ue of the Officers and soldiers of the Army, the passengers, and the officers and crew of the steams i SanFrancise o, from perishing with the wrec of that vessel, was considered as in ComWhole. It will be a request to the POTUS to procure 3 valuable gold medals, with suitable devices, one to be presented to Captain Creighton, of the ship 3 Bells, of Glasgow; one to Captain Low, of the bark Kilby, of Boston; and one to Captain Stouffer, of the ship Antarctic, as testimonials of national gratitu e for their gallant conduct in rese uing about 500 Americans from the wreck of the steamship SanFrancise o.
The PRESIDENT protempore. It is the duty of the Chair to ca lup the unfinished business of yesterday, which is House bill No. 238, the pending question being on the amendment of the Senfrom Vermont, [Mr. Eauusnsd upon which the yeas&nays have been ordered.
Mr. POMEltOY. With the leave of the Senfrom NewHampshire I should like to reconsider a bill that passed during the moming hour the other day, merely to make a correction. The bill was amended before in the Senate, but as it now stands there needs to be a slight correction in order that the various parts of the bill may be in harmony with each other. There will be no question about it. It will only take 2 or 3 minutes time.
Mr. CLARK. I will not object to that. The special order may be laid aside informally in order to allow the correction of a mistake in that bill.
The PRESIDENT protempore. That course will be taken, no objection being made.
Mr. POMEROY. I have moved a reconsideration of the vote passing Senate bill No. 103, ranting lands to the State of Michi u to ai lll building a harbor and ship cans at Porta el.ake, Keweenaw Point, LakeSuperior, in sai State. I now ask that the question be taken on that reconsideration.
Skip Skip The mtR agreed to. Mr. POMEROY. I now move to reconsider the vote ordering the bill to be engrossed for a 3rd reading. The motion was agreed to.
Mr. POMEROY. In the 17th line of the bill I “ move to strike out the words hereb amended” and insert “ herein referred to.” e do not amend the former bill, but we recite it. The amendment was agreed to.
Mr. POMEROY. I send to the Chair a substitute for the last proviso in reference to mineral lands. The amendment was read, being to strike out the words and prflvlllfff rthqr. That no mineral lands shall be included with n this grant and in lieu thereof to inse rtAnd (milledfurther. That no lands designated by the IgU.S. as mineral beforethe passage of this act shall be included within this grant. The amendment was agreed to.,
Skip Skip The bill was ordered to be engr:ssed for a 3rd reading, was read the 3rd time, and passed. HOUSE niLLs REFERRED. The following bills from the HoRep were severally read twice by their titles, and referred as indicated below: A bill (H. H. No. 134) to regulate t i iterml of the U.S. courts in the eastern district of NewYork, and for other purposes to the ComJudiciary. A bill (H.R.No. 278) in amendment of the several acts relating to the Organization of the Pension Office to the ComPensions. APPROVAL OF BILLS.
Skip Skip A message from the POTUS, by Mr. Coorsn, his Secre, an nounced that the President had approve and signed on the 17th instant, the followmg acts and JtResolutions: An act (S.No.31) to reimburse the State of Missourifor moneys expended for the U.S. in enrolling, oqui ping, and provisionin militia forces to ai in suppressing the robe lion; An act (S.No.229) to authorize the POTUS to transfers unboat to the Government of the republic of iberia; A JtResolution (S.R. o. 45) protestin against pardons by foreign Governments persons convicted of infamous offenses on condition of emigration to the U.S.; and A JtResolution (S.R.No. 40) for the temporary relief of destitute people in the DistCol and that on the 18th instant be approved and signed An act (S.No.201) for the relief of Ann Heth, widow of William Both, of Harrison county, Indiana; An act (S.No.241) directing the nrollment of Agnes W. Lauglilin, the widow of; deceased soldier, as a pensioner; An act (S.No.248) for the relief of James G. AClarke S N ) n act. o. 252 ntin a pension to Mrs. Sara E. wilson;gzir.id g p An act (S.No.260) granting a pension to Mrs. Emerance Gouler. PROTECTION OI" U.S. OFFICERS. The Senate, as in ComWhole, resumed the consideration of the hill (H.R.No. 238) to amend an act entitled: An act relating to habeaspomus, and regulating judicial (proceedings in certain cases, ” approved Mar 3, 1868; the finding question being on the amendment of Mr. Enuusns to insert at the end of the 1st section the following words: Or so far as it operates as a defense for any not done or omitted in any Staterepresentedin Congress during the rebellion and in which. at the time and place of any such act or omission.martial law was not in force. The guestion being taken by gene&nays, resulteyeas 10, nays 29; ABSENT 10. So the amendment was rejected.
Mr. CLARK. I think a slight amendment is needed in the 4th line of the 3rd section, to strike out the words “as well.” The amendment was agreed to.
Mr. SAULSBURY. I move to strike out the 4th section of the bill. That section provides: SEC. 4. Abife:, That if the State court shall, notwit standing the performanceof all things required for the removal of the case to the circuit court aforesaid.proceed further insaid cause or prosecution before said certificate is produced then. in that case.all such further proceedings shall be void and of no effect: and all arties., ludges offi ccrs.nndother icrsons.thence fort roocedingt cre undor or byco or thereof, shall be ablem damacu. therefurtothe party eved. to be recovered by actionin a court of the tu behaving proporjnrisdiction, or in a circuit court of the U.S. for the dutrictin which such further proceedingsmay have beenhaxl or where the party. nffn cr, or otherpersonso offending shall befound; and upon arecov ery "damages in either court, the party plaintiff shall be entitled to double costs. Now, Mr. President, I am very free to say that if I were a judge in any State I should not feel myself bound to pay any attention whatever to this not; because I do not believe the Congress of the U.S. has the constitutional authority to pms the act. Supose a judge of a State court should honest y be of that opinion, and suppose some SectWar, or the agent O some SecyWar, or some SecyState, or the agent of some SecyState, has caused a citizen within the limits of one of the States to be arrested, and application is made to the State courts for redress, and the State courts believe they have the constitutional authority to nfford that.redress, notwithstanding the provisions of this act, and shall honestly so decide, your act proposes to punish them in damages for the exercise of an honest judicial opinion. I will not discuss the question, however, Mr. President, but I make the motion to strike out the 4th section of the bill.
Mr. CLARK. I hardly think it is worth while that I should spend much time in answering the Senfrom Delaware, and I would not so a word now if this had not been the 2ndtime when he uttered words like those which he has now uttered in defiance of the authority of the U.S. When the civil rights bill was upon its passage, when the senate was about to vote on it, the Senfrom Delaware, in the spirit that he now shows in the Senate, and in the hearing of the people who were here, stood up in the Senate and defied almost the authority of the U.S., and said that if he were a judge, or a person acting in that capacity, in the State of Dela ware, he would not obey the law. He repeats that same thing today. Sir, if it be so that the rebel spirit which defies the nation, in the rson of judges and others, has crept into the note, and shows itself here, the more the necessity of the bill which we propose to pass. “I will not yield to that authority” so said the rebel, and that produced the war; and now, when the war is over, the Senfrom Dela ware stands u and recats that he will not yield to the autiiority of the U.S. It is time this should be done with. It is time that the Senator should understand that the authority of the U.S. will be supreme, whether it takes a Senator or the merest rebel soldier. This Government must be obeyed, and it is not worth having if it cannot cause itself to be obeyed. This proceeding, if attempted to be carried on in a State court, in defiance of the U.S. authorit, should be void, and the judge and everybo y else who undertakes to set himself up in this way for it will not be an honest authority should be punished for so doing. We have had about enough of this State authority to teach it to ield respect and obedience to the laws of the U.S.
Mr. SAULSBURY. Mr. President, I cannot possibly imagine anything I have said that should call for the very unbecoming remarks of the Senfrom NewHampshire. Who is he, air, that he should attempt to lecture a Sen“ ator in this body? Sir, I assigned the reason why ifI were a judge I should not carry out the provisions of this law because I believe it to be unconstitutional. What did I say about resisting the authority of the Federal Government except in the interpretation of an act of conif I were sitting in a judicial capa city? Was there anything discourteous to any member of this body in what I said; an thin about resistin the authority of the nite States? Sir, e idea did not enter into my mind at the time, but as I stated the fact that, sitting as a judge and believing the act to be without constitutional authority, I should feel myself compelled to execute the law of my State. When the Senator gets up here and u insinuates rebellion or a rebellious spirit to me, I have only this to say: that there 15 nothing in that Senator, mentally, morally, phys ically, or otherwise, that gives him the right to use insolent language here.
Mr. CLARK. Mr. President, I desire to use no insolent language; I shall not be discourteous, I hope, to the Senfrom Dela ware or any other Senator. I hope I shall not be discourteous to the Senate of the U.S. I hope I shall not be discourteous to the Government of the U.S. But when the Senfrom Delaware, or any other Senator in this body, shall rise repeatedly, time after time, and say here in the presence of this Senate that he will not obeyt e authority of the U.S., it is time, with due deference to him, that that spirit of the Senator, that that spirit of rebellion which crops out in that way, should be rebuked. I claim nothing morally, I claim nothing ph sically, I claim nothing mentally, but I do Ibve my country, and, God aiding me, I will stand against rebellion to the bitter end of it, whether in the Senfrom Delaware or in him who is new confined in Fortress Monroe. Sir, we have had too much trouble from this spirit already. If the men who have been engaged in rebellion “accept the situation, ” let them accept it; butlet not the same opposition and spirit be manifested in the Senate of the U.S. We owe it to the people of the U.S., who have stood by us through all the rebellion, that this Senate should be free from expressions of the kind and from an approval of such expressions; and if the Senfrom Delaware rejoices that this rebellion is put down, let him put away the spirit which produced the rebellion, and accede to the authority of the General Government.
Mr. SAULSBURY. I shall not continue this controversy with the Senfrom NewHampshire. I simply rise to reeat, that there was nothing in the remark that made to cause any member of this body to so. that Iwas opposed to the authority of the federal government or ofo. State government. I said if I were sitting as a State judge and called upon to act, and this act was produced before me, I could not recomiize it as a constitutional law. It was simpIy the expression of an opinion. It never occurred to me that there was an intellect in this whole country so obtuse as for a moment to suppose that there was in that any spirit of defiance to any rightful authority of this Government, State or Federal. The Senfrom NewHampshire, to exhibit his own patriotism, has chosen to indulge in language unbecoming this place, and which I trust will not be repeated. Of one thing I will assure the Senator: that while I wish to cul tivate kindly relations with every member of this body, both in the Senate and out of it, no imputation upon my just and proper devotion to my Government will be submitted to. Iask the Senfrom NewHampshire in future to be more cautious in the use of language. Sir, the time has gone by when sensible men indulge in reflections upon the motives of others, simply because they may differ in their political views, or in their interpretations in reference to a statute, whether State or federal. I have sought no controversy with that Senator or any other; but hereafter, as in the post, if I believe an act is unconstitutional I will say so; and I have as much confidence in my Own judgment in reference to questions of that character as I have in the judgment of the Senfrom NewHampshire.
Mr. CLARK. I have heard the Senators caution; but I do not abate one jot or tittle of what I have said. I meant no disrespect to him personally as a Senator, but to rebuke the spirit which is manifested here; and if I have occasion to say it again, I shall assuredly say it when the occasion calls for it.
Mr. EDMUNDS. I should like to occupy the attention of the Senate for a moment in addressing myself to the pending question rather than to the questions of spirit and feeling which have been discussed between the ll Senfrom NewHampshire and the Senfrom Delaware. The proposition, if I understand it, is to strike out section 4. All that section 4 provides for is the right of the removal of these causes from the State to the Federal courts. Certainly it appears to me that in respect to acts which are done under the authority of the General Government the authority of the General Government oug tto be asserted and it ought to be defended in its own courts; and such, I believe, has been the constitutional practice of the Government from its foundation. Therefore it appears to me that this section, which only provides for enforcing that right of removal to the national tribunals, is perectly constitutional and perfectl right; and I am opposed to its being strichen out.
Mr. WILSON. There are a great many cases of that kind. I understand the Legislature of Kentucky has passed a law forbidding the judges of that State to allow these transfers. I understand further that there are over 3000 of these cases in that State. One officer of the Government has 35 cases against him. One of the judges of that State, Mr and rews, formerlya member of the HoRep, would not allow the order of the Government to the officer to be considered as any defense; he said it was no defense; and in the course of ten days afterward he discharged a rebel on the ground that his order from the rebel service was acomplete defense.
Mr. HENDRICKS. I am not familiar with the case referred to by the Senfrom Massachusetts. If the judge to whom he refers showed partiality, or that he was governed by corrupt motives, I certainly have no apology or de ease to make for him. But I had not heard of any refusals by State judges to allow transfers of causes where the cases were properly presented. I know that in the State of Indiana, as far as my practice has extended, there has been no occaSion to complain. If a judge has acted in Kentucky as the Senfrom Massachusetts understands, then the remedy against him is by impeachment, not by a Generalprovision that or the exercise of his judgments. judicial o cer shall be liable to suit and to penalties.
Mr. CLARK. Iask the Senfrom Indiana who is going to impeach him? Perhaps he will say, the Legislature of the State of Kentucky, if he were in Kentucky. A year or 2 ago the Legislature of Kentucky passed an act, similar in its provisions to the one we now propose, for the rebel soldiers; and when a member of that Legislature a year after presented a resolution of a similar kind for the Union soldiers, they voted it down. they have the rebel soldier this defense and refuse it to the Union soldier. I have a copy here of the resolution which Colonel Johnson, of Kentucky, introduced. It is in these words: “ Whereas at the last sessionof the Legislature an not was passed granting general amnestyto all who had been connectedWit the rebel army: and another which was madeplendablein bar to all indictments prosecutions, and actionsagainstanyof them for ncts performed during their said connectionWith said rebel army: Therefore, “llvi t remcad, That theLegislature is mostrespect fully requestint to extend the samebeneficentenactment to the Federal omeer and soldier, which is ustly but and fairly due to theman to whom that legislauro is now indebted for its very existence." and they voted it down. Now, talk of an impeachment of a ud o in a State like that!
Mr. CLARK. There is no date upon the papKrc.
Mr. TRUMBULL. I understand it. was offered at the last session of the Legislature.
Mr. HENDRICKS. I do not wish it to be understood that I believe them State court has authority to punish a soldier for an act done within the lines and within the scope of the war, under the command of his superior otheer.
Mr. CLARK. I did not understand the senator to say any such
Mr. HENDRICKSt.hing. do not want it to be understood by any misunderstanding of the Senators argument that [believe that. If a soldier in Kentucky should be indicted and arrested upon a charge of robbery for takin horses or any other propertyin the State of Kentucky, by virtue of a command of one of the U.S. officers, he being in control and possession of the country at the time, there is no question but what that would be a defense to the soldier. [do not understand whether the Senator approves or disapproves of the decision made by Judge Robertson, of the State of Kentucky; he did not say; but unquestion ably that doctrine is the correct doctrine as applied to the troops of the U.S. I do not doubt it; but I am not discussing what makes a crime there. I spoke simply of the reosition to transfer this class of cases to the Eediiaralcourts from the State courts civil suits and to punish by civil suit and damages a judge who, in the discharge of his duty accord ih to his judment, should refuse the transfer.
Mr. TRUMBULL. It has been several times stated in the Senate heretofore that it is anovel thing to hold if judge responsible for what he does as a judge. I have relied to that and I have read the authority in out, and from the statutes of more States than one, making a judge of a court responsible for an act done by him as a judge; and why it should be rere sented here i; at this is a novel provision am at a loss to know. I refer again, as I have it before me, to the authority as given by Kent in the 1st volume of his Commentaries, page 646.
Mr. TRUMBULL. No air, it has nothing to do with embassadors. There is a law of the U.S. making judges responsible for issuing writs against cinhassadors when they do it in their judicial capacity. But there is a law in the State of NewYork, and I doubt not in the State of Wisconsin I have not looked into the acts of Wisconsin, but I presume it is so there; if it is not, it ought to be; it is so in Mississippi, and I presume it is generally so in all the States that makes a judge of a court while acting as acourt responsible in damages and to imrisonment when he refuses to issue a writ of tabeascorpus, or when he imprisons a man by judicial not who has been discharged on a writ of habeascorpus.
Mr. DOOLITTLE. My honorable friend will allow me to say that it is not when the judge acts in ajudicial capacity at all. In that case he is acting simply as ii commissioner would act in the issuing of a writ, and if he at chambers refuses to issue the writ he is made responsible. But, sir, ifthe supreme court of Illinois or of Wisconsin, sitting as a court, on an application for habeascorpus, should judicially refuse it, does the Senator pretend that the court and the judges would be responsible and made liable to fine and imrisonment for refusing it? Not at all. I say that the bill is wholly novel, so far as that provision is concerned, when you apply it to ajudge acting in his judicial capacity in a court. It is a different affair when you apply itto a judge atchzimbers. He is bound to act like any commissioner of the court to issue the writ.
Mr. TRUMBULL. That is exactly what I mean to say; that when actin as a court, not asa commission and at chain ers, the judges are made responsible; and so says Kent. I shall have the volume here in a moment, but while it is being sent for, Iwill read an extract which I have before me from the volume, and when I read iIt hope the Senfrom Wisconsin will take boc all he has said. “The penalty of $1.000".says Kent“is given in favor of the party agcricved. against every officer and everymemberof the court assenting to the refusal.” Thatis, the refusal to grant the writ ofhabeas usx
Mr. COWAN. That is, to take cognizance of the case at all.
Mr. DOOLITTLE. Mr. President, my honorable friendfrom Illinois seems from his tone and manner to think that he has made a very great victory in quoting from Kent, but he has not answered the point that I raised. I say that in the refusal to issue a writ of habeascorpus the officer or the persons who sit as a court denying it are not acting judicially; there is no judgment given to them, for there is no cause before them. T he question of the issuance of the writ is a mere ministerial act; the law requires it to be done for the purpose of bringing the case before the court; and when the judges act on the question, whether they issue the writ or not, they do not act on any judicial discretion; they act ministerially; they act under statutes positively r uiring the writ to be issued; and for what? eiio inquire and see whether a man is restrained of his or not; and the statutes assume to plibuenristy the judges for not inquiring into the case, not for what they do when they do inquire into a case; it is for their refusingto to, e jurisdiction of a.case in order to hear it at all. They do not have any judicial determination on the question whether the individual sits in chambers or in court.
Mr. CLARK. What judicial discretion has the judge here when directed to obey an order to transfer the cause to the U.S. circuit court?
Mr. DOOLITTLE. Suppose the judge sit tin as a court, when the the question is argued an heard upon both sides as to the constitutionality of a provision of this bill, believes in his conse ience that it is unconstitutional, what shall he decide? That is the question; and if he decides the one way or the other, is he to be made criminally responsible or civillliable for his judgment? In issuing a writ o habeascorpus. th e is no judgment; it is a mere ministerial ac done by an officer sitting at chambers or by the judges sitting together in bone. It makes no difference whether the application is made to them in either way; there is no judgment on the question of issuing it. They do not hear any argument, and determine or pass on any question in issuing the writ in the 1st instance; but after the writ has been issued and the party is brought before the judge or before the court, and they have jurisdiction of the case, they are then called upon to pass judicially upon the questions involved in the habeas cmjms. Does the Senfrom Illinois contend that they would be liable, or anyone of them liable, for proceeding in the case after they had issued the writ?
Mr. DOOLITTLE. The Senator can wait until I finish. Now, Mr. President, what I said in the beginning was, that it is a novel proceeding to punish a judge criminally or make him responsible civilly for his judgment where a case is actually before him, a question is raised, and he is called upon as ajudge to decide that question either ay or no; and it is for that reason that I would strike the judges from this bill, because if it is to pass I wish to make it as acceptable and as little objection able as possible.
Mr. TRUMBULL. A friend just handsme a newspaperto show how common a thing it is for courts to hear writs of habeascorpus and to make orders in regard to them: " Ounsu orrnr: CorinaIn the U.S. circuit court. April term.1865. In themntterof the petition of Charles D. Coleman for a writ of hflbemrcorpm. This day comes the petitioner by Peter E. Bland and George E. Leighton. his attorneys, who present to the court the petitionof snid petitioner, this day filed herein. for a writ of lichen; cm pmto bedirected to the warden of the penitentiary for the State of missourifor the production of the body of the said Charles D. Coleman beforethis court, to do, submit to, and receive whatsoever shall be considered by said court in that behalf concerning him. the stud petitioner, upon the groundsand for the reasonsand causesin mi petition setforth: and the court having examined the said petition and being fully advised of and concerning the same.now orders that said petition be granted, and that a writ of hnbma comm be issued as prayed for therein, returnable forthwith." That looks a little like an order of the court; it looks a little like ajudicial decision. It has that appearance. Attorneys appear in it. The Senator says attorneys never appear and the question is not argued on an application for a writ of habeascorpus.
Mr. TRUMBULL. Did not the Senator say that the writ of habeascorpus was a ministe rial act, an not where no argument is heard on granting it?
Mr. DOOLITTLE. I did not say that no argument was ever heard on granting it. Some times arguments are heard by counsel on both s1 cs.
Mr. TRUMBULL. Then it is a question that is argued before and decidedb the court and not by a judge at chambers. he laws of the U.S and the laws in my State authorize the courts to issue writs of habeascorpus.
Mr. DOOIJTTLE. But it is a question on which they cannotdecide judicially; one where there is no judicial discretion.
Mr. TRUMBULL. It is a case upon which they do often refuse the writ of habeascorpus, it is not a matter which they are bound to de cide one way, as is shown by the order which I have just read: it does not issue as a matter of course.
Mr. TRUMBULL.Let me get through. It is a great writ of right, but a part must present a case showing that he is entitled to the writ of habeascorpus.
Mr. DOOLITTLE. He must set out in form what the statute requires.
Mr. TRUMBULL. He has gotto set out what the statute requires and such circumstances as will entitle him to the writ. But the Senator says it is a ministerial act for which judges are punished, and that it is a novel thing to punish anybody for a judicial act. I remember the Senator once told an aneedote in this body which ran something like this: that on some occasion a justice of the peace had made a very extraordinary decision, and the attorney adversary to whom the decision had been made took up a volume of Blackstone and read it to the justice of the peace, showin that his decision was in direct conflict with the law as laid down in Blackstones Commentaries. The justice replied that that was no authority for him. No, ” said the lawyer; “I did not read it with the view of changing your opinion, but simply to show what a fool old Blackstone was. [Laughter]! Now, I propose to read a sentence from ent, not with a view of changing the opinion of the Senfrom Wiseonsrn, for do not expect to be able to do that, for he says no judge for ajudicial act was ever made responsib e, but I want to show him what a eat fool Chancellor Kent was. [Laughterfr "This last provision " Referring to the provision of the NewYork law for fining and imprisoning a judge of the court “ is distinguished from that in any former statute on the samesubject by applying the penal sanction to the membersof anycourt actingJudicially.” “Acting judicially, ” says Kent. It is distinguished from the former laws of the State of NewYork by applying the penalties and imprisoument to the judges acting judicially. hat is what Kent says. Of course Kent did not understand the law and of course this is a novel provision, and of course Kent did not know w rat “judicially” meant, and that this was necessarily a ministerial act, and could not be anything else! Now, I submit to the Senate and to the Senfrom Wisconsin, whetherhels notmistakeu as to the novelty of this revision.
Mr. COWAN. Mr. President, I think it would be better to get back a little on thlsquestion behind where the honorable Senfrom Illinois is so exceedingly positive about it in his assertion of what the law may be in the premises. This, if I understandit, is the provision upon which the contest arises: That if the State court shall, notwithstanding the performanceof all things reaired for the removalof the casetothocircuitcourt a oresaid.proceedfurther in said causeor prosecution before said certificate is ipnrgosduced, then, "I that case.all such further proceed shall be void and of none otfect, and all parties. jud cs.officers, and other persons.thence forth procccing there under.orbycolorthercof, shallbeliable in damagestherefor to the party aggrieved to be rter covered by action in a court of the State av: jurisdiction or in a circuitcourt of the U.S. tor the district in which such further proceedings may have beenhad, or where the party. officer or other person. so offending shall be found; and upon a recoveryof damagesin eithercourt. the party p uintiffshall be entitled to double costs. Now, Mr. President, this Government of the U.S. is a Government of delegated powers.
Mr. HOWE, (laughingly in his seat.) I should like to see the authority for that.
Mr. SAULSBURY. Will the honorable senator allow me to ask him aquestion?
Mr. SAULSBURY. I willstate to the Son ator a case that occurred in my own State, in the county in which I reside, and then I wish to know his opinion whether that arose under the Constitution of the U.S., any law, or any treaty of the U.S. A Metho dist preacher was on the cars. After he left the cars he proceeded to a neighbors house, and was asked what the news was. It was at the time when the rebels were making an at tack on this city. He told them that he did not know, but he had heard a soldier say upon the cars that the report was that Washington had fallen. For may in use of that remark a provost marshal visited is house, carried him against his will to the city of Wilmington, and lodged him in a place which they kept or public offenders. He was heard. There was not a particle of proof against the man, but he was made to pay an expenseof some 20 or 30 dollars an allowed to return home. Now, sir, suppose that Methodist minister should institute a civil action against that provost marshal, or should cause him to be indicted in the courts of the county in which he resides, would that case arise under the Constitution, the laws, or any treaty of the U.S., or would it be for a violation of the public peace of that State?
Mr. HOWARD. I was speakin within the purview of the bill; I was spas in about orders regularly issued by an erior o cers to inferiors, under which acts nl cged to be tres passes may have been committed. That is the extent of the bill, and that is the whole extent of the hill. Now, sir, are these acts complflllled of acts done under a law of the U.S.tatesl Certain! the Senfrom Delaware cannot den it. 1 boy were acts committed
Mr. SA LSBURY. Will the Senator allow me one moment? I do deny, as far as any of these acts have been committed in the State of Delaware, that they have arisen under any law of the U.S.
Mr. DOOLITTLE. I think we ought to presume that the judge of a State, in his judicial office, who by the Constitution of the U.S. is bound to take an oath that he will support the Constitution of the U.S., and all laws made in pursuance thereof, anything contained in any State constitution or law to the contrary notwithstanding, will not violate his oath of office. It is not necessary, in order to secure the rights proposed to be secured by the bill. There can be no proceeding against an individual if there is no party to it against him; and if the party who is seeking his redress against the Union officer is restrained, if he is made liable; it is not necessary to presume in the law of congress that the judge will commit a crime.Why is it necessary to put it in our statute?
Mr. STEWART. f the Senator will allow me, I will ask, might not the State become a partv, and make it a prosecution on the part of the State? Many of these cases are prose cuted in behalf of the State.
Mr. DOOLITTLE. I believe in what is said by Judge Kent. the authority cited by the Senfrom Illinois. He says, in speaking of this very thing in the statute of the State of NewYork, which was to defend the liberty of every citizen; speaking of the writ ofhabeas as a writ O right; speakin as a citizen of rew York, who had been a distinguished judge of NewYork in the supreme court and chancellor of the State, he speaks of that provision as a de rading provision in reference to the judges. Tic says Massachusetts imposes no such degradin penalties upon her judicial officers. None of the States do it, it seems, but NewYork, and Mississippi. who followed perhaps the example of NewYork. I would agree with the Senfrom NewHampshire, if it were necessary in order to defend the Union officera, to presume that these judges would, in violation of the law, be guilty of this proceeding of which he speaks. I do not question the constitutionally of our including the judges as well as incluing the Officers or the parties; but as a question of good policy and good legislation to stand upon the statute ook when the hour of passion has passed, I think it is by far better that we leave out the;. judges.
Mr. STEWART. How would you reach a case like this? An indictment has been found against one of our officers and it is before the judge. How will you prevent his having the suit prosecuted? In most of the States a mile prose ui cannot be entered without the consent of the judge. He has aright, after the suit has been brought and anindictment found, to order the prosecution to proceed. How will you prevent him, except by a law of this kind? It is in his hands alone.
Mr. DOOLITTLE. I understand the effect of the 3rd section is to remove the cause into the circuit court of the U.S., and the circuit court which has the cause can by man damus or certiorari
Mr. STEWART. suppose the judge refuses to remove the case at al from under his jurisdiction. How will on reach him?
Mr. DOOLITTLE. The 3rd section removes the cause.
Mr. STEWART. But he has jurisdiction, and he says that this act is unconstitutional, and the case shall not be removed.
Mr. DOOLITTLE. The 3rd section of the bill removes the cause. It is the authority of the Government in the enactment of this section that does it.
Mr. STEWART. How will you get acerti tied record? He denies the constitutionality of your act to remove the cause from the State jurisdiction, and that is what you are going to punish him for. He has it under his control exelusively.
Mr. DOOLITTLE. It is not necessary that you should have a certified record in order to remove the cause, because by virtue of the act, when the proceedings are complied with, the cause is transferred to the circuit court.
Mr. STEWART. Suppose, then, that the judge will not. give up his record and goes on with the trial notwithstanding. Ton say it is removed. He says, “ It is not; I have got jurisdiction, and I will continue to have the cause tried; I will not allow a nolle prosequi, even if the district attorney is willing; it is under my control exclusively;” and it is. I submit, when an indictment is found the judge may proceed with it in any State. He can disregard your entire law unless you punish him for it.
Mr. DOOLITTLE. The 3rd section provides: That the right of removal from the State courtinto the circuit court of the U.S., provided in the 5th so on of the act to which this is umeudatory. may he croise d after the appearanceof the defendant and the filing of his plea or other defense in said court or at any term of said court subsequentto the term when the up earnnce is entered and before a jlury is impaneled to try the same: but nothing crcin contained shall be held to fulfilled the right of such removal after final judgment in the State court. 6:0. The removal of the cause is independent of the judge or the court. The court cannot prevent its removal.
Mr. HENDRICKS. I suggest that the ifth section provides for the very case that the Senfrom Nevada speaks of, where the clerk refuses to give a record, that the party shall appear in the court of the U.S., and it the plaintiff refuses to rose cute the case, thg case shall be dismisse, and that shall be 8. ar.
Mr. STEWART. But suppose the clerk has given a certificate; suppose all that has been one, and still the judge holds that he has the exclusive jurisdiction. Suppose that there is an indictment in a State court, and the judge says he has jurisdiction, and he is going on to try it. Who has the control of it except the judge after the indictment? Suppose he says that this bill does not operate as a removal?
Mr. HENDRICKS. The Senator as a lawyer knows that this will be the effect of it: if the application takes away the jurisdiction of the State courts then the remedy, ofcourse, if the plaintiff persistsin the case, isin the appel late courts, and finally, on an appeal, in the SCOTUS, inasmuch as the validity of this law, an act of Congress, would be in question.
Mr. SlE vAlt. But suppose the judge goes on and convicts the man and sends him to the penitentiary, he must lie there until the case can be heard in the Supreme Court, thr$ or 4 years hence.
Mr. DOOLITTLE. How can be send him to the penitentiary? No officer is allowed to do it. Will the judge put him there himself?
Mr. STEWART. The judge can order the officer to put him there.
Mr. DOOLITTLE. What if he does if the officer cannot put him there? If every officer to execute a decree of the court is made responsible, how can the judge do it?
Mr. STEWART. The judge has jurisdiction over the officer, and he can order him to do it, and if he does notdo it the judge can call upon the power of the State if he has jurisdiction.
Mr. CLARK. I desire to make but one suggestion in answer to the Senfrom Wise on sin, and that is one of fact. He says if it were necessary that thesejudges should he proceeded against he would not object. I hold in my hand a communication from a member of the other House from Kentucky, in which he says that all the judicial districts of Kentucky, with the exception of one, are in the hands of sympa thizing judges. They entirely disregard the act to which this is an amendment. They refuse to allow the transfer, and proceed againsttheso men as if nothing had talien place. Here is not the assumption that these judges will not do this; here is the fact that they onot do it, and it is necessary that these men should be protected.
Mr. SAULSBURY. It is about the hour of adjournment, and I move that the Senate adjourn. Several Simmons. Let us take a vote.
Mr. SHERMAN. There are other bills behind this which it is important for us to act upon, and we ought to dispose of this bill to night.
The PRESIDING OFFICER, (Mr.AnrnosY in the chair.) The question is on the amendment of the Senfrom Wisconsin, to strike out the word “judges, ” in the 4th section of the bill. The amendment was rejected.
The PRESIDING OFFICER. The question now is on the amendment proposed by the Senfrom Delaware, to strike out the ourth section. The amendment was rejected.
Mr. EDMUNDS. I be eI shall not be thought hostile to this hi I by offering one more amendment, which is to add to the 1st section the following words, which Iwill read: and in any suit or prosecution to which the prd visions of this act or the act to which this act is an amendmentapply. it shall be the duty of the SecyWar to assume and carry on the defense thereof.at the expenseof the U.S and to indemnify and save harmless any defendant or respondenttherein from all damages.tines.costs and expensesarising therefrom. I hope that this will commend itself to the good sense of the Senate as an appropriate amendment, because it secures to the soldier who, in obedience to orders, has done his duty, that protection which we all believe he is entitled to. the protection not only of the word and of the law of the Government, but the protection of its arms and its pocket, in reliev in him from litigation which, even if success ful;, to him in the end would be almost as ruine us as defeat.
Mr. SHERMAN. I should like to have the amendment read at the desk.
Mr. SHERMAN. I am sure my friendfrom Vermont could not have understood the effect of such a provision upon the financial condition of the country. f the U.S. me be sued in the U.S. courts. there will be people who will sue the U.S. when I will not insist on the they would not bring suits against individuals. The effect of this amendment is to enable anybody to sue the U.S. for any transaction that has occurred during the recent war, because, although John Doe, or Richard Roe, or some nomina defendant, may be made the party defendant, yet, if the U.S. is to assume beforehand to conduct the defense of 1 suits that may be brought against thesepersons for any acts done during the war, and then the U.S. is not only to pay the exease of defending the suits, but to pay the judgments of the courts in all the various suits, it would be necessary for us to consider this bill in the ComFinance a little while and to provide Ways&Means to meet the jlilidgments that may be rendered in cases of this kind. It seems to me we had better leave the defendant upon his trial, giving him the privilege of taking the ease to the U.S. courts, there to be tried. There may be cases where the U.S. may, by appropriations to be hereafter made, indemnify the de fendant; but it seems to me we ought not to invite that kind of litigation. It is well known that if the U.S. is a defendant in a suit, even an honest jury will give a much larger verdict ainst the U.S. than as against an individual. At any rate, it seems to me a proposition of this kind to assume the defense of all these cases and to uarnnt beforehand the judgment that maybe ren ered in them, would be rather an expensive operation.
Mr. EDMUNDS. I do not know but that it would be an expensive operation. The utting down a rebellion and sustaining the govern meat of the country is always an expensive operation; butIha suppose, from the course of this debate, that the question under consideration was, the protection of the officers of the Government at whatever cost, irre spective of any question of finance or of mere pecuniary policy. We have one upon the theory, and the correct theory, that it is a positive and solemn duty imposed upon the congress of the U.S. to protect the officers and men who have executed its authority. If that theory is correct, and in my judgment it is correct, then most certainly we on ht to make that protection something more than a delusion and show. We cannot logically or justly stop by merely declaring that the man on his own account, who has obeyed our authority, shall defend himself in years of litigation at his own expense. It is not his duty to do it. If he has obeyed our orders and has executed our will, is it not our dut, above all considerations of cost, to defen him? Do we defend him when we merel impose upon him theobligation of defending imself? ehave stopped his pay; we have discharged him from the Army; we have driven him to rely upon his own exertions to obtain his livelihood, and have left him in the excess and magnificence Of our ratitude a lawsuit as a pension. I am not disposed to stop there. a ree that the question which my friendfrom Ohio has raise is serious; but I do not believe that because it is serious we ought to shirk upon some future Congress, whose opinions upon this question we cannot forecast, the responsi bility at last of doing the soldier justice. Let us do it now, when we have the power.
Mr. WILLIAMS. I wish to make one or 2 suggestions on this proposed amendment. It seems to me that its tendency would be to encourage litiation, and to induce persons who suppose they have claims growing out of the war to prosecute those claims with the assurance that any recovery would be settled by the U.S. because the U.S. makesjtself responsible to the claimants. I think in the 2nd place, that there is danger that there may be collusion between the plaintiff and defendant. If it is understood that any judgment that maybe recovered by a party when he sues ano er that has acted as an officer will be paid by the U.S., there is danger that there may be collusion between the parties, and judgment suffered to so by default or without making the necessary efeuse. It seems to me that if an officer honestly and fairly defends himself in a suit of this description and he fails, and judgment is rendered against him, upon an application to Congress he will obtain relief. I believe it is the pradtice of Congress, where an officer, either civil or military, undertakes faithfully to discharge the duties of his office, and is subjected to expense in consequence of his efforts, to indem nify tha. officer upon special application; and upon such an application the facts can be examined. But to assume beforehand while this litigation is threatened, that the U.S. in every case will pay the judgment that may be recovered and assume the defense of the action, it seems to me, is putting the finances of the country to some extent into the hands of private speculators and persons who might expectto make gain by these transactions.
Mr. HOWE. For a part of this amendment, it seems to me I should vote with a good deal of pleasure. f do think that the Governmen if it undertakes to protect these parties, should make that protection efficient; I do think the Government should undertake the defense of the class of cases which are provided for in this 1st section; and if it stopped there, if, instead of directing the SecyWar, it directed the AttyGen to assume the defense of these cases, leaving the respondents in them to apply to Congress for the payment of the judgment, if ojndgment was recovered, it seems to me I should vote for it. I do not see any objection to that. I think the AttyGen is the officer who should direct the defense rather than the SecyWar; and I think as far as we ought to go now is to lend the aid of the presecuting officer of the government to the respondent in managing the defense, but to leave the question of paing any judgment, if a judgment is recovere, to the uture consideration of Congress.
Mr. EDMUNDS. I have only this to say in reply to the honorable Senfrom Kentucky: that I think from what I understood of his remarks that he misapprehends the scope of the amendment which I had the honor to offer. That amendment is confined literally and exactly to the scope of the enacting section of the bill, ifI may so term it, and it pledges the faith of the Government to defend only those acts which are provided for in the 1st section and which the friends of this bill declare, and I hope rightfully declare, are only those acts which were lawfully done pursuant to lawful authority. My amendment, therefore, only goes to the same extent that the bill itself goes, and that is to provide for the payment of whatever may be necessary to protect theomcer or the soldier in the discharge ofhis duty, and not to provide for payment or indemnity to the Officer orthe soldier who exceedshis duty; and unless the 1st section has a construction much broader than that which has been claimed for it, the amendment which I proposed has only the construction which I give to it. That is the whole of the story. This amendment is conceived for the iirpose, and it will answer the purpose, and in my judgment no other art of this bill will answer the purpose, of fulfilling the duty which this Government owes to its executive agents, who in pursuance of its authority and not in excess of its authority have executed its will.
Mr. HENDRICKS. I hope we shall have a vote on this bill to night, and therefore I do not intend to occupy the attention of the Senate for more than a moment. Though I have not considered the subject very carefully, I like the purpose of the amendment proposed by the Senfrom Vermont. I do not think it would be safe to adopt this amendment. I think a proposition so important in its effects upon the Treasury of the country ought to be very carefully considered by some proier committee of the body, and therefore, alt ough I might approve of the purpose of the mover, I cannot vote for an amendment coming before us under circumstances that prevent our considering it with that care with which it ought to be considered. Therefore I shall not vote for the amendment. But there is this view to be taken: if the officer acts under an order which is legal and right, that is a defense to him. If he acts under an order which was not legal and not right, then the man who is injured by this wrongful act Ought to have some remedy; and if the officer in executing the order has acted in good faith he ought to be protected. Now, protected by whom? Protected at the expense of the honest citizen who is wronged, or protected at the expense of the Government, for whose benefit he honestl and in good faith did the act? I think atteexpense of the Government, and therefore I am inclined to agree with the Senfrom Vermont, in his purpose; but Ican not vote for the amendment under the circumstances.
Mr. HOWE. If the Senfrom Vermont will accept this in lieu of his amendment, I should like to have him do so; if not I will move it as an amendment to his amendment: and in any suit or prosecution to which the provisions of this not or the act to which this act is an amendment apply. it shall be the duty of the Attor ney General and of the several district attorneysof the U.S. in the several districts, at the re. auest of the respoudgnt.to assumeand parry on the ctenso of such action, after such a hen shall be removedinto any of the courtsof the U.S.
Mr. EDMUNDS. I cannot accept the modification pro0sed by my friendfrom Wisconsin because it ails to come up to the logical and just consequences of the bill which we are about to iass; it only goes half way. It admits our obigation to protect this man, but says we will only protect him at half expense ourselves and half expense to him, as we propose to remedy the cases of the iron clad operations. I do not want to meet them in that way. Therefore I shall not accept the modification. llir. HOW a I move this as an amendment to the amendment. [“Nol” “ Nol”] Ver well, at the suggestion of the Senators, I wi let the vote be taken on the amendment of the Senfrom Vermont, and if that be rejected I shall offer this.
The PRESIDING OFFICER. The question is on the amendment offered by the Senfrom Vermont. The amendment was rejected.
Mr. HOWE. Now, I offer this to come in at the same place: and in any suit or rose cution to which the provisions of this not, or he act to which this act is an amendmentapply. it shall be the duty of the Attor ney General and of the severaldistrict attorneysof the U.S. in the several districts, at the reauest of the respondent.to assumeand curryon the cfensoat such action alter such action shall be removedinto any of the courts of the U.S.
Mr. SHERMAN. If this amendment be adopted, the effect will be that if the defend out in any suit asserts that he did the not complained of under or byvirtne of an order of an officer, that will comcl the U.S. to assume the defense of that suit, whether the alleation be true or false. It seems to me we ought not to do so. A mere allegation before hand of a fact of that kind, which may be false, may be known to be false, and showa to be false, on ht not to comel the U.S. to assume the defense oft at person.
Mr. HOWE. No, Mr. President, the Senfrom Ohio misunderstands the effect of the amendment. The question, whether the particular cause comes within the purview of the 1st section is determined before the cause gets into the circut court of the U.S.
Mr. SHERMAN. No; if the defendant claims that what he did was under or by virtue of an order, that authorizes the transfer of the suit to an imartiul tribunal; but his more claim to have one the act under the order of an officer ought not to require the U.S. to step forward and assume before the claim is settled the expense of the trial.
Mr. HOW. The U.S. assume no expense whatever, except it loans the professional services of their Officers in making the defense after the oak gets into the Federal“ courts. I cannot see any objection to that.
Mr. GRIMES. I so est that as this bill comes from the ComJudiciary, a committee in whom we have the utmost confidence, is reported to us without any clause of this description, they not deemin that it was necessary that there should be sue a provision in the bill, and this amendment not being printed, and nobody exactly understanding its full scope and effect, the Senate had better pass the bill without the amendment, and if it be necessary to adopt such a provision as this as an independent measure, letit be so presented, and let it be printed, and let us see what it is.
Mr. HOWlii. The proposition of the Senfrom Iowa may be a ver plausible one, but I think I can defend mysel against the charge of interfering with the Jurisdiction of the ComJudiciary, when I state the simple fact that this amendment was drawn up by a member of the ComJudiciary. I plead that in bar. [Laughter]
Mr. DOOLITTLE. I deem thisproposition of my colleague an important one, and there is an amendment which I myself wish to propose to the 1st section, which I think is very important; and the question now is, shall we go on with the discussion, or shall we adjourn and take up the question hereafter? Several SENATORS. Let us finish it now.
Mr. CONNESS. Irise to aquestion of order. I hope. the Senator will allow us to get a vote on the ending amendment, and then of course he will have the opportunity to otherand discuss his amendment.
Mr. DOOLITTLE. I am speaking on the pending amendment, and my amendment goes right in with it, and I suppose qualifies that section alo, so that we may see how the whole section will read when we get these amendments in. The amendment which I intend to propose is: and such order Referring to the order which is to be the defense Shull constitute in those States and Territories where martial law has not been declared, or where the administration of the civil law by the State and Federal courts has not been interru ted by the late rebellion. aprima fncm delense rm in caseit shall not bemadeto appearthat such personactedunder such order maliciously. oorruptly or omircssively, such defenseshall be conclusive us to such person. I want something that really is going to apply to the States where there has been no martial law. Although this section of the statute will have validity, I have no doubt, in all those sections where martial law has prevailed, and where the courts have been overturned and military law has prevailed, and operate as a good defense; yet, when you come to apply it in those States where the courts have been open all the while, and declare that it is to be a perfect and complete defense independent whether the act 18done corruptly, maliciously, or oppressively, I have very serious doubts as to die constitutional power to do it. I want to have it so that the effect will be to defend our officers in Wisconsin. It is an additional provision which I wish to add to the 1st section, so as to apply in California and Wisconsin as well as in the States where they have been acting under Military orders in the rebellion.
Mr. CONNESS. I feel under great obligations to the honorable Senfrom Wisconsin for talrin care of California, of course, but I thought was right when l rose before, and that the Senator did not intend to ask for a vote on his amendment now as aquestion pending. It is easily understood. an does not require a discussion by legal gentlemen. We have listened here all day to a discussion of legal questions. It has been of great interest, but there is no legal question involved in the proposition that is before the Senate now, and trust we shall have a vote upon that and then for one I am ready to vote upon the proposition of the Senfrom Wisconsin.
The PRESIDING OFFICER. The question is on the amendment offered by the Senfrom Wisconsin, [Mr. Hows.) The amendment was rejected.
Mr. HENDRICKS. I offer the following amendment, to come in at the close of the 1st section: Nor for any not done with cruelty or unnecessary severity. I do not think that I need explain this amendment. The chairman of the ComJudiciary thinks that the class of cases contemplated by my amendment will not be included within this bill, anyhow but, it is well enough to make it certain. If this amendment be adopted, it will make the last. clause of the section read: But no such order by force of this act or the act to which this is an amendment shall beadefense to any suit or action for any notdone or omitted to be done after the passageof this not. nor for any lot done with cruelty or unnecessaryseverity.
Mr. CLARK. I doubt the propriety ofadopting this amendment here, as it refers to the act that we passed in 1863 as well as to this. I think that is the meaning of the law, that a court would not hold a man to be exculpated under an order of that kind if he exercised unnecessary cruelty. I think it had better stand as it is.
Mr. TRUMBULL. Ithiuk the Senfrom NewHampshire is entirely right. If we now say that the law shall not apply to this, another Senator may propose that it shall not up Iy to some other thin, and so on. Of course it will not a ply to sue a case as is supposed. This law. ike all others, is to receive a reasonable and fair construction; and no court would hold that a man is to be protected in excessive cru elty in the execution of an order. That is not a fair meaning of the law. None of us would justify such things. If we commence making this class of exceptions, I do not know where it will sto. I think the amendment had better not be adopted.
Mr. HENDRICKS. I think it had better he adopted. The other day the Senfrom Illinois made a very able argument to the Senate, assuming, in the 1st place, that the law of the land was as he proposed to declare it, and yet because it was not entirely clear, because there was some difference of opinion upon it, he proposed to declare what the law was. That was In relation to the citizenship of the colored people of this country. He admitted that they were citizens already, but there was a dispute about it, and so that there should be no question about it thereafter, he proposed the law; therefore, he said that the veto of the Presidl utought to be overruled. Now. sir, I say that it is not altogether clear. Does Congress intend to defend men who have one on under orders of superior officers on done things cruell and with unnecessary severity 7 Do you intend to step between the injured man and the wrongdoer when he pretends to defend himself under an order O a sufferior officer, if he has executed that order with cruelty and unnecessary severity? Although the law may possibly be construed, as the Senator says, yet there is no objection to saying so. It will not cost so much to print these words, if the senate wants them in the bill. I call for the yeas&nays. The yeas&nays were ordered.
Mr. JOHNSON. Before the vote is taken I would suggest to the Senfrom. Indiana that his amendment perhaps only coverspersonal wrongs. I should like him to amend it so as to comprehend also property.
Mr. HENDRICKS. I will modify it by inserting “with malice." The amendment now reads “ nor for any not done with malice, cruelty, or unnecessary severity.” the question being taken by ycas&nays, resulted years 18, nays 16; ABSENT. So the amendment was agreed to.
Mr. DOOLITTLE. That amendment, I think, substantially covers the same point which was embraced in the amendment I propwed to offer; so I shall not offer mine.
Skip Skip The bill was reported to the Senate as amended; and the amendments were concurred in and orderengross, and the bill to be read a 3rd time. The bill was read the 3rd time.
Mr. SAULSBURY and Mr. HENDRICKS called for the yeas&nays on the passage of the bill; and they were ordered. The Secretary proceeded to call the roll.
Mr. SPRAGUE, (when the name of Mr. LANE, of Kansas, was called.) The Senfrom Kansas, who sits next to me, desired me to say that he is paired off with the Senfrom Delaware. gMr. RIDDLE] If present. he would vote in avor of the passage of this bill.
Mr. JOHNSON. was renested by the Senfrom California [Mr. cDouostm] to say that if he were here to vote he would vote in the negative. The result was announced yeas 30, nays;. So the bill was passed.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep by Mr. LLOYD, Chief Clerk. announced that the House had passed the following bills and JtResolution in which it requested the concurrence of the Senate: A bill (H.R.No. 600) making appropriationstosup lydeficienciesin the appropriations for the public printing for the fiscal year ending June 30. 1866; A bill (H.R.No. 504) for the relief of Ishmael Day; and A"oint. resolution (H.R.No. 115) for the relieflof John Wells 8: Sons, of Baltimore. The message further announced that the HoRep had passed the bill (S.No.160) for the relief of Theodore G. Eiswald. ADJOURNMENT TO MONDAY. On motion of
Mr. CLARK, it was Ordered.That when the Senate adjourn today it be to moaton Monday next. REGISTERS TO VESSELS.
Mr. CHANDLER. I move to take up senate bill No. 89, returned from the HoRep with an amendment. The motion was agreed to; and the Senate proceeded to consider the amendmept of the HoRep to the amendment of the Senate to the bill (S.No.89) to issue American registers to the steam vessels Michigan, Despatch, and William K. Muir. The amendment of the HoRep was in line 4 of the Senate amendment to strike out the words “ now called the Roamer.”
Mr. CHANDLER. I move that the Senate concur in that amendment. The motion was agreed to. HOUSE Ill LLS REFERRED. The followin bills and JtResolution from the HoRep were severally read by their titles, and referred as indicated below: A bill (H.R.No. 500) making appropriations to supply deficiencies in the appropriations for the public printing for the fiscal year ending June 80, 1866 to the ComFinance., A bill (H.R.No. 504) for the relief of Ishmael Day to the ComClaims. A JtResolution (H.R.No. 115) for the relic of John Wells d: Sons, of Baltimore to the ComClaims.
Mr. SPRAGUE. I move that the Senate do now adjourn. The motion was agreed to; and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. FRIDAY, April 20, 1866. The House met at 12 oclock m. Prayer by Rev. GEORGE F. Mucous, President of Iowa Cbllege. The Journal of yesterday was read and approved.
The SPEAKER stated as the regular or der of business the calling of committees for reports of a private nature, commencing with the ComMining. ADDITIONAL CLERK.
Mr. ROLLINS, from the Committee of Ae counts, offered the following resolution: Resolved.That the Serecant at Arms beallowed to employ an additional clerk in his olhcedurinir the prese pt session of Congress at a salary of $125 permont.
Mr. ROLLINS. This resolution was referred to the Committee of Accounts several weeks ago, and after carefhl examination the committee came to the unanimous conclusion that it was best that the allowance should be made of an additional clerk during the present session. He asked for an annual appointment, but the committee recommend it only during the present session, which will be fora very short time. I have a letter from the Sergeant at Arms, which I will send to the desk and have read.
Mr. UPSON. When does the clerkship commence?
Mr. ROLLINS. During the present ses Blon.
Mr. UPSON. At the beginning of it, or now?
Mr. ROLLINS. Let the resolution be read. The resolution was again read.
Mr. ROLLINS. I will modify it by having it read “from and after the list of April.” What is the occasion of place.
The Clerk read the letter, as follows: Senonksr Ar Aniiss OFFICE, HoRep washingtoiv, D. 0. Marc): 7.1866. SIB: I have the honor to submit the following reasons why the resolution introduced by Hon. M.i4leWag. eA.saonrdasroeyfe. rrechdatiormyoaunr of the Committee on committee. authorizing the employment of an additional clerk in my O cc. should receive the favorable consideration of the committeeand of the House: The clerical labor incident to the present system of keepingdeposit accountswith each member, with the necessary checksand daily balance sheets and the collection and payment o t the internalrevenue tax. has morethan doubled since the passageof the revenue law. In addition to the above increased labor at the present time. an examination of former “mileage reports" and routes. in order to enable the committeeto equalize the mileage lists, has thrown so much additional labor upon this Office that the present force of one clerk and one messenger cannot properly do the work. I would therefore earnestly requestthat I may be allowed one additional clerk, with a.salary 01s, 500 perannum. This increased expunditurewill amount to but little more than the%age allowed to collectors on the same amount of revenuethat is collacted and paid into the Treasury from this othee.for which I cannot by law receiveany compensation. Very respectfully, your obedientse rvnnt. G. 0RDWAY. Seraeant at Arnu HoRep. Hon. E. H. ROLLINS, Chair munof bbmmitleeof Accountl.
Mr. RANDALL, of Pennsylvania. I have no particular objection to the passage of this resolution for the employment of this additional officer, provided that it is necessary, but I wish to bring to the attention of the House the fact that there is now employed, or rather engaged in the postoffice, a lad who is very efficient an industrious, working from early mornin till late at night, and there is no provision, understand, for his payment. I desire, therefore, knowing the services of this lad, having it directly under my own observation, to adan amendment that the postmaster be authorized, from this date until otherwise ordered, to pay that lad the wages of a page upon the floor, of this House.
Mr. WASHBURNE, of Illinois. I would like to know the circumstances under which this lad is employed.
Mr. RANDALL, of Pennsylvania. By no authority, as I understand: but he is the son of the postmaster of the House, and the employes not beingequal to the service required, this lad volunteers to assist. He takes a deep interest in the discharge of the duties, and is very faithful.
Mr. RANDALL, of Pennsylvania. He de livers the mail at my house every morning, and he is engaged during the day every 30 minutes in carrying the mails out from this office to the sub offices in the city.
Mr. CONKLING. I should not like to say anything by way of complaint of the postoffice, or of anybody who delivers the mail. But if the person to whom the Gentfrom Pennsylvania [Mr. RAXDALIf refers as delivering his mail is the some who delivers, or omits to deliver, my mail, I ho c that a very moderate compensation will be fixed.
Mr. RANDALL, of Pennsylvania. I would inquire of the Gentfrom NewYork [Mr. Cossuxn if it is a boy who delivers his mail.
Mr. CONKLING. Iani sure I do not know. It must be a very small boy that delivers it sometimes, so small that With the naked eye we have verygreat difficulty in finding him.
Mr. STEVENS. I do not know anything about this small be that is spoken of as being in the postoffice of this House. ButIdo know that we had there one of the best men I ever knew, by the name of William Tud e; and I know that almost every member oft is House signed an application to the postmaster of this House to continue him in that office and i know that the postmaster in place of that turned him out. Now, I would like to have some better reason assigned for ving additional force to the postmaster, be ore give any more atronage to a man who thus abuses it.
Mr. ROLLINS. It is evident that members want to discuss eveiiiything but the resolution pending before the maze. I decline to yield H to anyfurtherdise ussion of other matters. Ifany gentleman has any remarks upon this resolution I will icld.
Mr. ANSONA. I wouldinquire of the Chair how this resolution came before the House.
The SPEAKER. Itwas reported regularly from the Committee of Accounts when it was called in its order. 1
Mr. ROLLINS. The resolution was introduced, I believe, by the Gentfrom Kentucky, [Mr. Siurn] an referred by order of the Houseto the Committee of Accounts. After a careful examination by the committee they have reported unanimously in favor of the resolution as modified. The duties imposed upon the clerk of the Sergeant at Arms, as state in the letter he has submitted to the committee, are nearly double, in in judgment, what they formerly were and all who are familiar with the duties devolved upon thatclerk will readily come to the conclusion, I think, that this request is ust.
Mr. FINCK. I am opposed to the passage of this resolution; I do not believe that there is any neccssit whatever for the appointment of anadditiona clerkin the Sergeant at Armss o the c. It is known to the members of this House that the duties of the Sergeant at Armss office, ever since its organization, have been car ried on with the same force that it has at present. The Sergeant at Arms of this House has been favored with the services of an asst of the highest business character and qualifications. e keeps the books and the accounts of the members and if another clerk is added he will not aid the clerk now there in any respect whatever. It is very well known to this House that during the 38 h Congress no more force was in the office of the Sergeant at Arms than there is there at present. Now, from my observation of thato cc, and the business connected with it, I have no hesitation in stating that the present force is sufficient to discharge all the uties of that office. If they do not now receive sufficient compensation, then bring in a proposition to give them a greater compensation. But if you a point an additional clerk for this session of Congress, he will be continued during the next session, and it will be followed as a precedent hereafter. I hope the resolution will not ass.
Mr. RANDALL, of Pennsylvania. I desire to say a word or 2 in reply to what has been said by my colleague, [Mr. Srxvexs] I desire to say to him that 2 wronvs do not make a right. Because this clerk, Mr. Tudge, was removed, that is no reason why this boy should not he paid. I joined with others in the recommendation that Mr. Tudge should be retained; perhaps that was one reason for his removal; I do not know how that is. But here is a boy employed and I ask simply that he shall be paid for his services the same wages that are given to our ages.
Mr. ROLLINS. Ipwdl suggest to the Gentleman that he can best accomplish his object by introducing an independent resolution, and having it referred to the committee.
Mr. RANDALL, of Pennsylvania. Very well; I withdraw my amendment.
Mr. ROLLINS. I believe it is necessary for the propermanagement of the affairs of the office of the Sergeant at Arms that he should have this additional assistance.
Mr. SMITH. I do not wish to have attrib uted to myself an thing that belongs to another, and especially Ionotwish to steal the thunder of the Gentfrom Missouri, [Mr. Anneasox.] He, not I, introduced this resolution.
Mr. ROLLINS. Yes, the Gentfrom Missouri, [Mr. Aansnsos] the chairman of the Committee on Mileage, introduced the resolution.
Mr. ANDERSON. I desire that the as sage of this resolution shall not be affected)by the indorse ment of the Gentfrom Kentucky, [Mr. Siiirn.] [Laughter]
Mr. ROLLINS. I wish to state also for the consideration of the House, that the matter of mileage has occasioned additional labor on the part of the Sergeant at Arms. During the last session. before the matter of mileage was properl adjusted, the sergcant at Arms advanced mi cage to various members, trusting to circumstances for his pay. I move the previous question.
Skip Skip On 2nding the previous question, there were ayes 61 noes 33; no quorum voting. The SPEAliER, under the rule, ordered tellers; and appointed Messrs. ROLLISS and Ase om. The House divided; and the tellers reported ayes 66, noes 30. So the previous question was 2nded. The main question was ordered; which was upon the adoption of the resolution. Mr. FINCK called for the yous&nays. The yezis&nays were not ordered. Mr. FlNCK called for tellers on ordering the ycas&nays. Tellers were not ordered. The resolution was adopted. Mr. ROLLINS mtRtv the resolution was adopted; on the table. Agreed to. MESSENGER IN HOUSE LIBRARY.
Mr. ROLLINS, from the Committee of Accounts, reported the following resolution: Ifeaolped, That the pay) of William H. Smith. mes senger in the House li rary. be, and the same is herrlbyi.increasedto 92 5operday, beginning February.
Mr. WASHBURNE, of Illinois. I ask the Gentfrom NewHampshire to yield to me, that we may do an act of justice to a colored boy connected with the bathing room who faithfully waits upon all the visitors there.
Mr. ROLLIN. I yield to the gentleman for the n ose of offerin an amendment.
Mr. AbHBURNE, O Illinois. I move to amend the resolution by adding the following: and that Sandy Bruce. in beallowed at the rate of 8150 perd a for his services in the hath room, commencingwit the presentsession.
Skip Skip Mr. ROLLINS called for the previous question. The previous question was 2nded and the main question orderedand under the operation thereof the amendment was agreed to. The resolution, as amended, was adopted. Mr. ROLLINS mtRtv the resolution was agreed to; on the table. Agreed to. ISHP IAEL DAY.
Mr. WASHBURNE, of Illinois. I should like to have read the resolution adopted by the House on the report of this committee, which forbids any claim of this kind going to that committee.
Mr. WARD. I will answer the gentleman if he will allow me. That resolution applied only to the States that had been in the rebellion. It oes not of course apply to Maryland.
Mr. LOAN. Mr. Speaker, I would cheer fully support this measure ifI could do so consistently; but this same ComClaims, in the case of a lady from Springfield, Missouri, who lost all of her property of every character and description by the ravages of war, who also lost her husband and has been left penniless with 6 children to 311port, reported adversely to it under the rule which they established. If a claim of that kind could not receive a favor able consideration, I do not see why we should make an exception in this case. Ithinlr it should fare the common fate and be rejected like all the others.
Mr. UPSON. Is this to pay for property destroyed by rebels?
Mr. WASHBURNE, of Illinois. shooting down a traitor.
Mr. UPSON. On what principle is it proposed to establish this precedent, and how is it to be carried out?
Mr. WARD. He has shot down a traitor for hauling down the American flag. I would sustain every one who sustained the American flag in that way. I demand the previous question.
Skip Skip The previous question was 2nded and the main question ordered, and under the operation thereof the bill was orderengross and read a 3rd time; and beiu engrossed, it was accordingly read the 3rd time. Mr. ROGERS demanded the yeas&nays. The ens&nays were ordered.
Mr. ELANO. I see that in some parts of the House this question is not exactly under stood. The rule of the committee is to reject all claims for damages that are the result of the ravages of war. This man was a loser to the amount of some 7 or 8,000 dollars, perhaps more. The committee felt that they could do nothing for him, but that his circumstances were peculiar, his act noble, and such as commended itself to the hearts of every one. Under these circumstances they proposed to submit to this House the propriety of giving this old man for the remainlng ears of his life, that are fast runnin out, W10 in his old age exhibited this high cgrec of gal lantry and patriotism, a small pension. It is $400 a year. Let us ive him something. If $400 is too much reuce it, but I think it is not too much.
Mr. WASHBURNE, of Illinois. I under stood itwus for property destroyed by the rebels.
Mr. DELA O. Iliuew very well that the question was not understood, and therefore I made this explanation. Several MEMBERS. We will go for it now. It is for
Mr. WARD. I now move the previous question. Mr. HALE. A single suggestion. If this is a pension bill it ought to go to the Commit toe on Pensions.
Skip Skip The previous question was 2nded and the the question being taken on the passage of the hil, it was decided in the a rmative yeas 107, nays 13, not voting 63; So the bill was passed. During the roll call, Mr. VANHORN of Missouri, stated that his colleague, Mr. NXOELL, was confined to his house by sickness. Mr. BROOMALL stated that Mr. STARR was detained at his house by sickness. Mr. ANCONA state that his colleague, Mr. Jonnsox, was detained at his house by sick ness, and that Mr. DENIBON had paired with Mr. ASHLEY, of Ohio. The result having been announced as above recorded, Mr. WARD mtRtv the bill was passed; upon the table. Agreed to. JOHN WELLS and sons.
Mr. DELANO, from the ComClaims, reported a JtResolution for the relief of John Wells & Sons. The JtResolution was read. It authorizes the remissionof so much of the penalt incurred by reason of the failure of John Wells It Sons, of Baltimore, to complete their contract in 1868 for repairing the steamer City of Albany, as may not be covered by the actual loss of the Government by reason of the delay in the completion of the said steamer in accordance with the strict terms of the contract.
Mr. DELANO. There is a written report, but I can give the House the facts of the case, and then gentlemen may call for the reading of the report if they choose. The memorialists contracted for the repair of this steamer, with a penalt in the contract of $200 a day for every day that might transpire beyond the time aggriced upon for the completion of the repairs. arious circumstances, over which the contractors had not altogether a control, caused a delay of 45 days, so that the penalty amounted to $9,000, and the entire contract price was only $7, 386. The difference between those 2 sums, namely, 51 675, has been paid under protest. Ilow, the examination shows to the satisfaction of the committee that it turns out that the vessel was not required for service during the interval of time, and that the Government did not actually sustain any damage for the want of its use. It seemed to the committee unjust to demand the bond, Sbylock like, for this penalty; and t they did not feel disposed to main question ordered. decide that there were no damages sustained by the Government. They. therefore, refer the matter to the Government to say how much actual damages they sustained by reason of the delay in furnishing the vessel, and they allow so much of the penalty to be remitted as was not covered by actual loss.
Mr. WASHBURNE, of Illinois. Is that the pu ort of this JtResolution?
Mr. DELANO. That isits purport, and its language is clear and explicit, and that is all there is in the case.
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. DE iANO mtRtv the JtResolution was passed; upon the table. Agreed to. THEODORE G. EISWALD
Mr. DELANO also, from the ComClaims, reported back, with the recommendation that it do pass, bill of the Senate No. 250, for the relief of Theodore G. Eiswald. The bill directs the SecyTreasury to issue and ay to Theodore G. Eiswald of Providence. RhdIsland, 2 U.S. 7 30 bonds of $1,000 each, with coupons attached, in lieu of 2 such bonds owned by him and destroyed by fire, the charred remains thereof being new deposited in the office of the SecyTreasury, the claimant being required to execute a bond to be approved by the Solicitor of the Treasury indemnifyin the U.S. against any loss, cost, or am es on account of the issuing of such bonds.
Mr. WASHBURNE, of Illinois. I would like to have the report read in this case if there be one.
Mr. DELANO. There is a Senate report, but I can give the Gentfrom Illinois a briefer statement of the facts. The evidence is clear that 2 7 30 bonds of $1,000 each, by having been accidentally placed in an exosed position on a stove, were burnt, that the charred remains were taken to the Treasury Dept, and that the bonds were identified y their numbers. That is attested by the certificate of the ofizicers. The proof of the destruction and also of the identity of the bonds is perfectly clear. The Dept itself is satisfied that it is property at a law should be passed authorizing these bonds to be renewed. Idesire to so here to the House that this subject is one which has given the ComClaims great anxiety, and that their rule is to recommend, in the 1st place, the duplicating of no bond without the most perfect and satisfactory proof of its destruction; and they have gone further and refused to authorize the duplicating of any securities issued by the government that come under the class of circulation, including compound interest notes. The committee recommend the passage of this bill.
Skip Skip The bill was ordered to a 3rd reading; and it was accordingly read the 3rd time and passe. Mr. DELANO mtRtv the bill was passed; upon the table. Agreed to.
The SPEAKER. The morning hour has expired, and the ComClaims will be again called next Friday. RIVER and HARBOR IMPROVEMENTS.
Mr. WASHBURNE, of Illinois. The ComCommerce, in considering the river and harbor bill, desire some information from the War Dept. I therefore ask the unanimous consent of the House to offer the following resolution: Rmlflcrl, That the SecyWar he directed to communicate to this House the following omcial reports:. Report of mixed board of cpgine ers and pnval officers.of which CommodoreLatimer was president, and Mniors Chime, Barnard and Beauregard were lumber u, in 1851or 1861 2. The report of Mi or Beauregardin 1852or in 1853 I relative to successo tow bout companyin deopon1ing Southwest Pussasper contract., There being no objection, the resolution was received and agreed to. CHANGE OF REFERENCE. On motion of
Mr. DRIGGS, by unanimous consent, the ComPubLands were discharged from the further consideration of the petition of John B. Chapman, and the same was referred to the ComPrivLandClms. PUBLIC PRINTING APPROPRIATION BILL.
Mr. STEVENS. I move that the rules be suspended and the House resolve itself into ComWhole on the state of the Union for the purpose of considering a small hill making appropriation for a deficiency in the appropriations for the public printing. I understand that the money is needed this month. The motion was agreed to., So the rules were suspended; and the House accordingly resolved itselfinto the ComWhole on the state of the Union, (Mr. SMITH in the chair) and proceeded to the consideration of the special order, being bill of the House No. 500, making appropriations to supplyn deficiency in the appropriation for the public printing for the year ending June 30, 1866. The bill was read by clauses for amendment, but no amendments were offered.
Mr. STEVENS. I move that the committee rise and report the bill to the House.
Mr. SPALDING. I hope the committee will lay aside this bill and take up House bill No. 211, to authorize the President to appoint certain officers of his household and fixing their duties. The bill has been in the committee for a long time, and it will take but ten minutes to dispose of it.
Mr. SCHENCK. I hope the committee will not proceed to any other business. I yielded to the chairman of the ComAppropriat only to dispose of the one bill.
Mr. SPALDING. This bill will not take more than ten minutes.
Mr. SCHENCK. It will take much more time than that, I am sure.
Mr. STEVENS. I insist on my motion 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, by Mr. SMITH reported that the ComWhole on the state of the Union had had under consideration the special order, being bill of the House No. 600, making appropriations to supply a deficiency in the appropriations for the public printing for the ear ending June 30, 1866, and had directed imto report the same to the House without amendment, and with the recommendation that it do pass.
Mr. STEVENS. I move the previous question on the bill.
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. SIEVENS mtRtv the bill was passed; upon the table. Agreed to. REORGANIZATION OF THE ARMY. The House resumed the consideration of the bill (H.R.No. 361) entitled “An act to reor ganize and establish the Army of the U.S. ” The followmg section was under consideration: SEC.13. aAbife: led, That the a u tant Generitls Dept of tho Army shall horen, er consist of the number of ofliocrsnow authorized by law, namely, one adjutant general, with the rank, pay, and emoluments of a rigndier general; 2 asstadjutant generals.with the rank. uy and emolumentsof colonel: of cavalry; 4 utants, with the rank. pay and emoluments of lieutenant coloncls ofcuialry; and 13 adjutants, with the rank, pay, and emoluments of majors of cavalry. But after the 1st appointments made under the provisions of this section, as vacanciesmay occur in the gradeof major, no appointment shall be made to fill such VitCflilLyuntil the number of majors in the Dept shall be reduced to ten, to which number the said grade shall thereafter be limited. The pending question was 11 on the motion of
Mr. lniiven to strike out al of the section after the enacting clause, and insert the following: That the Adjutant Gonorals Dept shall hereafter consist of the officers now authorized by law, and their rank shall be as follows, namely: one adjutant general, with the rank, pay, and emolumentsofn brigndier general; 4 asstadjutant generals, with the rank, pay and emolumentsof coloncls of cavalry; 5 asstadjutant generals, with the rank, pay and emolumentsof lieutenant colonels; and ten asst adjutant generals, with the rank, pay, and emolumentsof muors.
Mr. BLAINE. I do not understand by what kind of arithmetic my honorable friend, the chairman of the ComMilAffrs, makes it. out that, while when the Army was only 11,000 there was a demand for 14 officers in the Adjutant Generals Bureau, et, when we have an army of 80,000 there should not be more than 20 of these officers; and it is even proposed to cut the number down to 17. Instcad of increasing the officers of the Adjutant Generals Bureau 4fold, as you propose to increase the regular Army, you do not propose to make an increase of 50%. in the number of officers engage in that bureau. One word now as to the nomenclature. The Gentfrom Ohio desires that all officers elow a certain rank shall be called adjutants. Now, Mr. Speaker, I think it will be found to be true, as a general principle, that wherever ausage has grown up in teArmy, whether with reference to titles or anything else, you will find, when you go to the bottom of the matter, that there is some good reason for this usage; and it is not safe to abolish such usa es without full inqu. Suppose, now, that this proposition shoulil prevail, and that one of these adjutants should be detailed on the stuff of a briadier general commanding at StLouis. Vell, there are 2 or 3 regiments there each having its adjutant. Then there are the ost ndjutants. These are all adju tants. here is no officer there directly connected with the staff Dept at Washington, known as the asst adjutant general. Now, in the military Dept there is no officer whose position, as connected with the War Dept at Washin ton while upon the staff of n brigadier genera, is better under stood than an asst adjutant general. It means a specific thing in the military service. It is not to be confounded with post adjutant or regimental adjutant. If you change the name as the Gentfrom Ohio desires, you only lead to confusion.
Mr. SCHENCK. As it is now, they are all asst adjutant generals. If they cannot all have the same titles as adjutants, why should all have the title of adjutant generals?
Mr. BLAINE. The moment you change that you have gone to sea on the subject. Yesterday my friendfrom Ohio spoke about the Officers who remained in the staff Depts of the Army in this city doing the duty that clerks could have performed as well; yet he speaks this morning of some who were compelled to stay here. I know that some of these officers have been compelled to stay here in Washington against their will although they again and again applied for field service. They were refused because they were wanted in the Adjutant Generals office in Washington. One word more. This bill provides for one lieutenantgeneral, 5 major generals, and ten brigadier generals, 16 general officers who are entitled to asst adiutant generals. In the War Dept you have only 20 in all. There is never a time you do not have 6 or 8 in the War Dept. Take 6 out of 20 and you do not leave an asst adju tant general for each general you authorize. Instead of being reduced it ought to be increased. If I did not have the highest respect for my friendfrom Ohio I would say that the proposition was preposterous to have the number reduced.
Mr. SCHENCK. I will ask my friend to oint to one single phrase or sentence of that ind in anything I may have said. I have said nothingI whatever I may think of anybody in any Dept, making a reflection upon any Dept.
Mr. DAVIS. I did not understand the Gentleman to refer to special persons.
Mr. DAVIS. lbeg pardon if I have misunderstood the gentleman. If I have not misunderstood him, I thiuk he will make the admission. I did understand the honorable gentleman to say here upon this floor, yester ay, that these men in the Depts were assigned to “soft” and “easy” places, and that they had shirked the responsibilities of the war.
Mr. SCHENCK. I never used any such language; but now, as the gentleman presses it on me, I will so that as to the greater number of those emp oyed here, while many of them, I believe, would have preferred to have been on active service in the field, but were compelled to stay here by the importance of their services, I do believe that others were here because they preferred to remain here. But, sir, I said nothing of that kind before. I say now that I believe there are officers in some of these Depts who preferred to have these places to bein in the field. I hope I am now understood. at I made no general charge of that kind, nor do I now.
Mr. DAVIS. I do not intend to go behind the walls of the Dept for the purpose of passing judgment upon every individual who is within them.
Mr. DAVIS. I do say, however, that the otheers connected with the Depts at Washington have performed services as valu able to the Government as those who have been in the field.
Mr. SCHENCK and I have said nothing less of them.
Mr. DAVIS. But the gentleman says that there are individuals in the Depts who have been willing to shirk the dangers of the field.
Mr. SCHENCK. I did not use that term at all.
Mr. SCHENCK. As the Gentfrom NewYork [Mr. DAVIS] has said nothing about my amendment, I ask that it may be again read in order that the House may know upon what we are actin. The amendment was read.
Skip Skip The question was taken upon the amendment, and it was agreed to.
Mr. SCHENCK. In order to remove all possible objection, I will move to further amend the section by striking out the words “after the 1st appointments made under the provisions of this section;" so that it “ shall read, but as vacancies shall occur in the grade of major, ” &c. The amendment was agreed to. the question recurred upon the amendment of Mr. iursn, by way of a substitute for the entire section as amended.
Mr. SCHENCK. Before the vote is taken upon strikin out the section as amended, Imust beg the indu gence of the House, as I seem to be left alone to attend to this matter on behalf of the Military Committee, to say a few words by way of comment upon what has been said by Gentlemen who have addressed this House, so far as their remarks are pertinent to this section. B the amendments which I have offered, and which have been adopted by the House, this whole matter is now reduce to a simple question of taste and propriety in regard to the titles of these officers, except that the amendment now ending proposes to increase the number ofo icers as well as to fix their titles.
Mr. BLAINE. I beg the gentlemans pardon;Ido not propose to increase the number of officers, but merely to increase the rank of some 3 of the majors.
Mr. SCHENCK. He proposes to provide for certain Officers in the dept who have acquitted themselves well. Now, upon that pointl have simply this remark to make: in cgislating upon his subject I have tried to legislate in regard to things and not in regard to persons. Sue officer who has been referred to mm, and who has been named, and therefore there will be no imropriety in my repeating his name Colonel incent now brigadier general by brevet, or it may be major general, tor these officers go up so rapidly that I lose sight of their titles he is an officer of whom nothing can be said in praise by the Gentfrom Maine [Mr. BLAINE] to which will not accede. Yet, no matter who or what one of these individuals may be. what I claim is that if I do not think it necessary to have 2 or 3 more colonels, and 2 or 3 or 4 more lieu tenant colonels, I will not consent to make them a permanent part of the Army organization with a view to any particular purpose. I hold that there is appropriety in deciding in the 1st place upon what your Army system requires, doing it without reference to persons, leaving persons to get the advantage of lt or not afterward. Now, if the gentleman thinks, as I presume he does, that there ought to be a greater number of colonels and lieutenant colonels generally, without reference to the particular persons who may 1st fill these places, that is anotherquestion.
Mr. BLAIN. Will the Gentfrom Ohio permit me to interrupt him for a moment?
Mr. BLAINE. I desire to say, in the 1st place, that the gentleman has, by afigure of speechliterally a figure of s] eec nercased e effect of my amendment. It provides for Only 2 more colonels and one more lieutenant colonel, making 3 officers in all. If the gentleman had given attention to what I attempted to say yesterday, he would remember that I distinctly took the (ground that the Adjutant Generals corps ha not, according to the bill reported by the gentleman, as man Officers of rank in proportion to other sta corps as it ought to ave. My concern is not with regard to the effect of the bill on individuals; what I desire is the equalization of rank between the different staff co s, not discrimi nating against the corps which ought to be above the others. I say that, instead of discriminating against the Adutaut Generals corps, our legislation should be in favor of that corps.
Mr. THAYER. Will the gentleman allow me to make a single remark by way of correction?
Mr. THAYER. The remark which I made was in reference to the abolition of the title of asst quarterMGen.
Mr. SCHENCK. l e are not discussing that now.
Mr. THAYER. I asked wh the committee proposed to abolish the title O asst quar terMGen, while they leave the assist ants in all the other bureaus.
Mr. SCHENCK. I am not mistaken when I say the gentleman has singled out these 2 Depts.
Mr.THAYER. If there was any inadver tence about it, I wish to say now I meant that the gentleman has abolished these titles in the Adjutant generals Dept and the quar termasters Dept, while he has left the titles in all of the other bureaus.
Mr. THAYER. I could not go back further than General Midlin, who 1st filled this position.
Mr. SUHENelK}: It is suggested that the gentleman may O back to 1492. [Laughter]
Mr. SCHENCK. Iwill give the gentleman an opportunity to settle the question after he has consulted his a orities.
Mr. THAYER. was May, 1776. He was QuarterMGen of the Army with the rank of general.
Mr. SCHENCK. By the amendments I have What time? I will tell the gentleman by made this morning and before the question is taken I will ask to have it read as amended we have removed objections thought to be so serious to the bill, and if the House does not want to give higher rank to these otheers it will let the section stand as it is.
Mr. THAYER. I will not detain the House but a moment. I wish to make an explanation in order that the House may act with full knowl edge of the present position of the question. The substitute which I offered makes no increase and no alteration in the present number or rank of the officers in that Dept.
Mr. STEVENS. It was a misapprehension on my art.
Mr. THAYER. No, sir, the gentleman is correct. but at the suggestion of the Gentfrom Maine, [Mia Bi.AisE] I accepted his modification, which gave increased rank to 2 who are already asst adjutant generals. It was not my understanding at the time the proposition was made by that gentleman that it. would necessarily increase the pay. If I had known that I would not have accepted the modification. If, therefore, the House wishes to retain the present organization precisel as it is, with no alterations, all they have to r o is to strike out the section and disagree to the amendment as modified by the Gentfrom Maine, [ML Bl. l.VE] an Iwill offer the section of the Senate bill, which will keep the Dept precisely as it is, with no increase at all.
Skip Skip Mr. SCHENCK demanded the previous question. Skip Skip The previous question was 2nded and the main question ordered, being 1st on the substitute proposed by Mr. Tnarna. Mr. BISON. I ask for a division of the question. The SPEAKER. A motion to strike out and insert is not divisible. The question was taken; and there were ayes 35, noes 80; no quorum voting. Mr. WASHBURNE, of Illinois, demanded the yeas and nuys. The yeas&nays were ordered. The question was taken; and it was decided in the nflirmative yeas GJ, nays 89, not voting 75; So Mr. Trurms substitute was agreed to. Mr. THAYER mtRtv the substitute was adopted; upon the table. Agreed to.
Mr. SCHENCK. I propose to add a proviso to the section.
The SPEAKER. The House is actin under the previous question, the effect of which is that the House passes from the consideration of this section to the next.
Mr. STEVENS. Is there not another vote to be taken in reference to this question?
The SPEAKER. Not unless a reconsideration be moved of the vote by which the previousquestion was 2nded. The amendment of the Gentfrom Ohio [Mr. SElllZNCK] can be O cred only by unanimous consent.
Mr. STEVENS. Cannot we have an opportunity of voting down the whole section?
The SPEAKER. If it were not for the previous question, a motion might be made to add to the section. As it is, the House has passed from its consideration. The 14thsection of the bill was then read, as follows: See. 14, and be“ Abife: That there shall be 4 inspectors general of the Army. with the rank. pay and emoluments of coloncls of cavalry; and 4 asstinspectorsgeneral. With the run. pay and emoluments of lieutenant coloncls ofeav nlry. one of whom shall be 5300181“? assigned to duty as inspector of cavalry; an 2 asststantinspect ors general. with the rank. pay and emolumentsof majors of cavalry.
Mr. ELDRIDGE. I should like to ask the Gentfrom Ohio [Mia Sonnse x] a question in this connection.
Mr. SCHENCK. Very well., Mr. ELDRIDGE. If the gentlemans object is to reduce the officer force of the Army why has he proposed companies to consist of 50 instead of 100 privates, thus giving double the proortion of olficars we have here tofore had in the Am I
Mr. SCHENCK. That has nothing to do with the question under consideration. But I will say that in every organization of the Army, looking to an expansion in time of necessity, it is usual and it hasJilways been our system of legislation to have a system of officers by which in an emergency the number of privates can be increased to the necessity of the occa men. But we are considering now the organization of the staff Depts, the bureaus which have their several heads at Washington, and which have their staff officers permeating the country, and extending to the different portions of the Army. The section under consideration was framed with a view to accommodate what was ascertained to he wanted by the military authorities, so faras the committee could understand, and as they believed. One amendment was made by the committee. Originally the committee reported only 3 inspectors general; it was afterward suggested and urged that there ought to be kept up n Cavalry Bureau; and a solution of that difficulty was made in the way here reported. Instead of having the Cavalry Bureau as now a distinct organization in the Army, no more needed, perhaps, than an artillery bureau or an infantry bureau, it is proposed that one of these inspectors shall be assigned to duty as an inspecter of cavalry. In this way you may be able to detail all the eflicient otheers of the present Cavalry Bureau, without the need of) maintaining a distinct bureau.
Mr. DAVIS. I see that the 14thsection provides for 4 asst inspectors general, with the rank, pay and emolumentsof lieutenant colonelsof cav alry. one of whomshall bespecially assignedto duty as inspector of cavalry. I desire to understand the reason for the insertion of this last clause.
Mr. SCHENCK. That provision was adopted on consultation with those who ought to know more than the Gentfrom N NewYork [Mr. DAVIS] or myself in reference to this matter. This bill proposes to increase catly the cav alry branch of our Army. eare to have double as much cavalry as we have ever had before. During the war, a Cavalry Bureau was established, and it has been continued up, to the present time. By common consent all round, it has been considered that, instead of continuing the Cavalr Bureau, the object could be effectct just as we 1 by authorizing the as signment of one of the asst inspectors general to that particular service.
Mr. DAVIS. Does not that conflict with another provision of this bill which says that transfers shall be made from any arm of the service to any other arm of the service?
Mr. SCHENCK. It does not in the slightest degree. We provide for the appointment of 4 inspectors, one of whom may be detailed, not appointed, as ins ector of cavalry. One officer may be detaile at one time; another at another; but it is probable that when one had been assigned to that particular duty he would be kept upon that assignment, because of the exerience which he would have acquired.
Mr. DAVIS. I desire to inquire further, whether, without an such provision in this bill, the SecyWar would not have entire authority at all times to assign anyone of these inspectors to that service.
Mr. SCHENCK. I think it probable he would. Yet it has been decme properby some of the most eminent officers of the Army, whom I could name if it were necessary, that there should be in this bill a provision of this sort.
Mr. THAYER. Mr. Speaker I rise simply to repel the imputation which I consider as being implied in the language of the chairman of the ComMilAffrs. I leave the House and the country to judge of the good taste exhibited by that gentleman in the scolding which he has given this House for darin to differ with him upon a measure reporte from his committee and under consideration by the House. He has s oken of influences of bureaus and of persona influences. Sir. I discharge my duty here under a conse ientious sense of the obligation which I owe to the count and to my constituents, and with the best light which my intellect enables me to cast upon that conse ientious discharge of duty. am not the agent of any bureau or of any Dept. I am quite as independent, politically and persona y, of every bureau and }every Dept of this Government, in my votes and in my action in this House, as is the chairman of the Military Committee; and if he shall discharge his duty here, in bringing in his bills from this committee, with the same absence of personal motive and the same disregard of personal aims with which I discharge mine in the considernt ion of them, he will satisfy I take leave to say, the utmost expectations of his constituents and of the country.
Mr. SCHENCK. When I said that there are social and personal and otheial influences around us here whenever we come to legislate upon these subjects, I ine aut just what I said. Mr. THAYER. The remark gains no weight by repetition.
Mr. SCHENCK. I am subjected to those influences; so are others. The difference, if there be any, is this: when I dine with, or am visited by, or visit in turn, one of these gentlemen, whom I esteem my friends, I am very much inclined to do what he wants done, to keep himiwhere he is and to help him along, and I would be lad if I could do it. But. I have taught myse f to believe that I must struggle against this disposition; and I have succeeded in doin violence to my own feelings, and have not yie ded, altogether at any rate, to the personal, social, and moral influences in this respect which surround me among the many very agreeableac unintances that I have among these officers in the bureaus. I do not know whether anybody is weaker than I am or not. If they are, then perhaps there may be a difference between us. If not, then there is none. I have not charged anything else on the Gentfrom Pennsylvania particularly in any way, but I have said and announced to the country I did hope this Congress would, now the war is over and when we are going to have a comparatively small military establishment, so much less than we have had during the war. attempt to bring down, or at least not increase, the relative or absolute rank of the various officers of the Army. In that I am disappointed. It may be I on ht not to have been disappointed, butI am. hat is all I can make of it. I recognize the right of gentlemen to represent their own constituency and vote as they please. I have been accustomed to vote as I pleased, but always within the bounds of propriety and I mean on these subjects to say what I lease to the country.
Mr. tANDALL, of Pennsylvania. I do not think it is a killing affair even if the Gentleman has been disappointed by the majority of the House having acted on their own good sense, his opinion to the contrary notwithstanding.
Mr. DAVIS. Mr. Speaker, I do not liketo rest under the imputation cast upon me by my friendfrom Ohio. I wish to say no drop of blood kindred to my own circulates in the veins of any officer of the Army to be affected in any way by this bill. wish to say I am not under any social in fluence. Since I have lived in Washington I have never, like my honorable friendfrom Ohio, had the privilege of being entertained by distinguished) characters at dinner. I am under no influence of that kind, but I respect the opinion of men high in the military service. When I know there was pendingabill which had been submitted by Lieutenant GenlGrant, General Meade, GenlBurnside, and other distinguished generals; and when I thought that bill had been concocted under their supervision, I say it is not only entitled to my consideration, but to the consideration of every member of the House. There is no one who supposes these distinguished generals of the Army now nothing of military affairs, or at least do not know as much as the chairman of the ComMilAffr of this House. I only honor the men whom the country honor, an in whom I am sure the country has conti deuce. ADJOURNMENT oven.
Mr. SPALDING. The Gentfrom NewYork yields to me to make the motion that when the House adjourns today it adjourn to meet on Monday next.
Mr. SMITH. I demand the yeas&nays on that motion.
Mr. SPALDING. Then I withdraw the motion. SATURDAY SESSION.
Mr. STEVENS. I move, by unanimous consent, that tomorrow be devoted to debate on the Presidents message. There was no objection, and it was so ordered.
Mr. STEVENS. I now ask the unanimous consent of the House for the adoption of the followmg resolution: Resolved, That on Saturdaybills on leave and reso relcrence only may be received by unanimouse onsenton condition they shall not be brought back by a motion to reconsider.,
Mr. SPALDING. I object. REORGANIZATION or THE ARMY Again.
Mr. DAVIS. I desire, Mr. Speaker, to say only a word in conclusion. While I represent a constituency on this floor I intend to give my votes independent of any considerations like those to which the honorable chairman of the committee has alluded. I shall be under the influence and control of no man or set of men. I shall carry out the convictions of my own judgment, regardless of what may be said on one side or the other. But, sir, in the discussion of this bill I think we should be guided by the suggestions of provisions which iave been made by men of high military position. I go further. We oug it rather to take their opinion than the opinion of so distinguished a military gentleman as the chairman of the ComMilAffrs.
Mr. SCHENCK. There was no such suggestion made as the Gentleman suggests. I profess to be nomore virtuous than my neighbors, but if it gives satisfaction to my friend most solemnly assure him I had no thought of anything he had said or done.
The Clerk read, as follows: Sec. 15. Abife: That the Bureau of MilitaryJustices all hereafter consist of one judge advocate enernl. with the rankI pay. {ind emolumentsofa rigudier general; and oneasstjudge advocate general, with the rank, pay and emoluments of a colonel of cavalry; and the said judge advocate general shall receive revise and have recorded the proccedings of all courts martial, courts of inquiry, and military commissions.and shall perform such other duties as have heretoforebeenperformed by the Judge Advocate General of the army and of theiudire advocates now in officethere shall be retained a number not excedinuten, to beselected by the SecyWar. who shall erforin their duties under the direction of the judge Advocate General until otherwiseprovided by law.
Mr. SCHENCK. I move to strikeont the word “shall " and insert “may, ” after the word “ there, ” so that it will read: and of the judge advocatesnow in officetheremay be retained a number not exceedingten, &c. The amendment was agreed to.
Mr. SCHENCK. I also move to add at the end of the section the words “or until the SecyWar decides that their service ma be dispensed with, ” so that the clause will read: and of the judge advocatesnow in officethere may be retained a number not exceeding ten. to be so lerted by the SecyWar. who shall perform theirdutiesundertho direction of the judgeAdvocateGeneral until otherwiseprovided by lamqr until the SecyWar decides that their service may be dispensedwith. The amendment was agreed to.
Mr. GARFIELD. I move to insert after the words “military commissions” the words “authorized bylaw, " so that it shall read, “military commissions authorized by law.”
Mr. BINGHAM. I hope that Will not be adopted, unless the House intends to cast cen sure upon the action of the Administration of the late lamented President Lincoln. If the gentleman means by the term “authorized by aw, ” authorized by special statute of the U.S., it is very well known that all the commissions that were held under the late administration were never authorized by special euactment. I appeal to my colleague [ML GARFIELD] to consider that if the authority arises by the general usage and law of nations in time of war, the words are wholly unnecessary. Every one knows that there has never been a military commission convened in the U.S. for the trial of anybody that has not been expressly authorized by statute, save in the time of war. That being the case, why introduce such a provision here? We are not secure either against rebellion or invasion; and does the gentleman suppose that by inserting a word here to place a imitation upon the executive power of the Government in the event of foreign invasion, so that offenses committed in time of, public war, in violation of the usage and laws ofiwar, shall mt be punished in the absence of express authoity of congressional enactment? If he does not, I hope he will withdraw his amendment. It is time enough to consider such a proposition when the Government in time of peace shall art em t to try anybody by a military commission without authority of statute. It has never been done yet, and it is time enough to provide against any such abuse when it is attempted to be done. Why undertake to put this in a statute in view of a contingency that may arise at any hour entirely beyond our control, and when Congress is not in session?
Mr. GARFIELD. I do not wish to take up the time except to sayaword or two. The only pzoint in dispute between the gentleman [Mr. mount] and myself is in reference to “mil itary commissions.” The other 2 courts, “courts martial" and “courts of inquiry, ” are not in question. They are definite y authorized by the laws of Congress, and have been since the organization of this Government. But the words “military commissions” are not used in the statutes of Congress, except in one, I believe, in reference to the punishment of guerrillas.
Mr. BINGHAM. Excuse me: the gentleman is entirely mistaken. The words are used in 3 or 4 statutes. I remember one adopted by the last Congress subjecting spies to punishment by death upon conviction before a military commission.
Mr. GARFIELD. It was the same law, and related to spies and guerrillas.
Mr. GARFIELD. I introduced the bill my self in the last Congress. The gentleman is mistaken. I know there are military commissioners sometimes appointed to look into contracts and claims. Wye have commissions appointed in regard to the administration of affairs in the Army; but I speak of tribunals for the trial of persons charged with offenses against the Government in time of war, but who are not themselves in the Army.
Mr. BINGHAM. There were proceedings authorized to try parties by military commission for fraudulent devices to the injury of the govefnment, and providing for the infliction of pen a ties.
Mr. GARFIELD. It makes no difference. I concede that the words have been used in the statute once.
Mr. GARFlELD. Never mind; the question does not turn on the number of times the expression has been used. What I said was agreeing with gentlemen in this: that military commission apply to the Army in time of war and in reference to crimes over which the Army has control. Now, we are building up a military establishment for a time of peace, and I do not believe it best to introduce that expression in a bill to establish an army on a peace basis, and let it be understood that military cominissions are by a sort of inference to be used in this Governmentwithout express statute and if gentlemen desire the expression retained in the law I want the qualifying words to go with it, or else I desire that the words "military commissions” shall be stricken out. I am satisfied, however, with either.
Mr. UPSON. I move to amend thenmendment by striking out the word “law” and insertin in lieu thereof “the laws of war.”
Mr. ALE. I suggest to the gentleman that he add the words “in time of peace."
Mr. UPSON. That is a very good suggestion comin from that source.
Mr. GA tFIELD. I do not accept that amendment.
Mr. BINGHAM. If this section had words of limitation in 13 it to the effect en es by my honorable colleague, that it should not be operative or binding upon the executive Dept of this Government in time of war or public invasion or rebellion, I would not take any exception at all to his motion, but the gentleman greatly mistakes the scope and effect of this legislation if he supposes that it is not to operate in the presence of a public enem as well as in times of peace, and I won] count myself false to the dut which I owe to the people of this country if could sit silently by whi e an attempt is made here by column act of legislation to place a fetter upon the arm of the Executive, who is charged by his oath of office to take care that the laws be faithfully executed, and to summon to the de fense of the country its whole military power, either to suppress rebellion or to repe invasion. I say to my colleague that according to all the authorities the suggestion made by the Gentfrom Michigan [Mr. UPsoN] is sustained, that it is this day the common written declared judgment of the civilized world, that without formal legislation in time of public war all violations of the law in aid of the public enemy may by the usages and customs of war be subjected to trial by the tribunals of military justice known as military commissions. I trust the suggestion of the Gentfrom Michigan [Mia Hrsox] will be adopted by the House.
Mr. UPSON. I demand the previous question on my amendment.
Mr. SCHENCK. Will the Gentfrom Michigan allow me to say a word?
Mr. UPSON. I will withdraw the previous question for that purpose.
Mr. SCHENCEB. It is with difiidence that I assume to be a peace maker even between these friendsof minc. I dare say I shall have somebody finding treason in what I say. I suppose that the gentlemen know that military commissions are tribunals known under the laws of war in time of war and in an enemys country, and I suppose they will agree that the records of them had better be kept somewhere. Why not use, then, instead of the words “ Military commissions authorized by the laws of war, ” the words “ military commissions authorized in time ofwar.”
Mr. GARFIELD. I am willing to accept that modification of my amendment.
Mr. UPSON. I do not think that meets the case, and I cannot accept that amendment. I demand the previous question on the pending amendment.
Skip Skip The previous question was 2nded and the main question ordered, the question being 1st u n the amendment to the amendment offere by Mr. Ursozv. The question was put; and there were ayes, noes 46; no quorum voting. Mr. UPSON demanded tellers. Tellers were ordered; and Messrs. GARFIELD and UISON were appointed. The House divided; and the tellers reported ayes 42, noes 5]. So the amendment to the amendment was disagreed to.
Skip Skip The question was taken upon the amendment of Mr. GARFIELD, as modified; and upon a division, there were ayes 36, noes 57.
The SPEAKER stated the result of the vote, and announced that the amendment had been disagreed to. Mr. GARFIELD. I call for tellers on the question of agreeing to the amendment.
Mr. FARNSWORTH. I rise to a point of order. The Chair distinctly announced that the amendment had been rejected before the Gentfrom Ohio [Mr. GARFIELD] called for tellers.
The SPEAKER. The attention of the Gentfrom Ohio was held by a member conversing with him at the time the Chair announced the result of the vote. )Mr. FARNSWORTH. That certainly was not the fault of the Chair.
The SPEAKER. The Chair is of opinion that the demand for tellers was made in time by the Gentfrom Ohio.
Mr. SH ITH. I rise to another point of order. There is so much confusion in the Hall that it is almost impossible for members to hear what the Speaker says, what is read by the Clerk, or what is said by members on the floor.
The SPEAKER. The Chair generally speaks distinctly and loudly enough to be heard y all who give their attention to what he says.
Mr. SMITH. I am informed by gentlemen on in left that they do not understand the amendment, and I would ask that it be read again.
Mr. SMITH. I suppose it can be reported again by unanimous consent.
The SPEAKER. If there is no objection, it will be read again. No objection being made, the amendment was again read. The question was upon the call of Mr. GmriiJu) for tellers upon agreeing to his amendment. The call for tellers was not agreed to. The amendment was not agreed to, as above stated.
Mr. GARFIELD. I now move to amend the section by striking out the words “and military commissions.”
Mr. FARNSWORTH. I would ask the gentleman what he proposes to do with the records of military commissions, of which there have been several held.
Mr. GARFIELD. I have no desire to detain the House upon this subject, but as the Gentfrom Illinois Mr. FARNSWORTH] has asked me a question, desire to say that if gentlemen are willing, now that the war is over, to retain these military commissions, I think they should say so. Their functions have ceased, and I am not willing that these organizations without any authority of law shall be continued in time of peace. I do not discuss the propriety of these tribunals in the past, or the propriety of trying any traitor of the late war. We are now legislating for the future, which will, I trust, for the next half centur at least. see us under the dominion of law. herefore I move to strike out the words and military commissions, ” and upon that I call the previous question.
Skip Skip The previous question was 2nded and the main question was ordered.
Mr. FINCK. I call for the yeas&nays upon the amendment. The yeas&nays were ordered.
Skip Skip The question was taken; and it was decided in the negative yeas 34, nays 76, not voting 73;. So the amendment was not agreed to.
Mr. HALE. I move to amend by striking out in the 12th line of the 15th section the words “ selected by the SecyWar, ” and inserting in lieu thereof the words “ap pointed by the President, by and with the advice and consent of the Senate;" so that the clause will read: and of tha judge advocatesnow in officetherashall be retained a number not exceedin ten. to be appointed by the President.by and withthe advice and consent of the Senate.whoshall performtheir duties under the direction of the Judge Advocate General until otherwiseprovided by law. Mr. Speaker, I am told by gentlemen about me that these officers are already appointed, and that this is a mere provision for the retention of a portion of them, leaving the SecyWar to decide who shall be mustered out. I do not so understand the case. I understand that the judge advocates now in office hold their positions only temporarily, and during the continuance of the volunteer organization. If any of them are to be made a part of the permanent organization of the Army under this bill, Isub mit that they ought to be subject to precisely the same method of a pointment as other officers are that there is onld not be an opening here for favoritism by a single officer, but that the should be appointed y the Executive, with i the concurrence of the Senate, in precisely the same manner as other officers are.
Mr. BINGHAM. Mr. Speaker, as Iunder stand, the matter stands t us: these officers have been appointed in the manner suggested by the Gentfrom NewYork, [Mr. A113] and the effect of this bill is simplyto allow the retention of a portion of them, not exceeding ten, to be dismissed from the service just as soon as the public interest may warrant it.
Mr. HALE. If the gentleman will permit me, I desire to ask him this question: are these Officers now appointed in the service? If this bill should not pass will they remain a part of the force of the Army? It seems to me they will not.
Mr. BINGHAM. As I understand, they may, unless they are mustered out. They are liable to be mustered out of the service like other Officers in the service. But they are now in the Army, not by the terms of their commissions for a limited and specific time. They are liable to be mustered out whenever their further services are not required. I desire to say in this connection that, according to my recollection, there are now about 18 of these otheers employed in the service. The effect of this bill will be to take 8 of them out of the service at once, leaving the SecyWar to select from the whole 18 and retain a number not exceeding ten, if the public exigency should require that number. f, in his judgment, the HI)HC exigeucy does not require any of them, O will, under the provisions of this bill, muster them all out. f 5 are sufficient, he will retain but 5. Uuder the amendment suggested by my colleague, the chairman of the ComMilAffrs. the SecyWar is required to muster all these officers out so soon as their services can be dispensed With.
Mr. HALE. Let me ask the gentleman one other question: whether these otheers are not now in the service precisely as additional paymasters, and asst ndjutants general, and asst quartermasters of volunteers are now in the service, and whether, in order to be retained in the service, they do not require reappointment just as much as the Officers I have named require reappointment.
Mr. BINGHAM. I do not so understand the scope of this bill or the effect of existing laws. I yield the floor to my colleague, [Mr. Seuaivex] who can explain this matter more full.
Mr. SCHENCK. When this bill was 1st framed it embraced a provision fora judge advocate general and an asst judge advocate general only. It was, however, ascertained that the business of the Judge Advocate Generals office has in fact increased during the last year, notwithstanding the termination of hostilities, in consequence of the vast mass of records to be examined and filed and reports to be made; so that it was necessary to have more assistance. The effect of the section, as it originally stood, would probably have been to legislate out of office all these judge advocates with the rank of major, because it limited the Judge Advocate Generals Dept to the Judge Advocate General and his asst. with aviow to obtaining information on this subject a correspondence was O cued hi the committee with judge Advocate general Iolt, to ascertain how many of the 21 judge advocates who had been a pointe remained in office, and how many of them it would be desirable to retain. He explained to us that he must for some time to come have at least as many as the 6 new employed in the Office, and that it would also be convenient and proper to retain 4 or 5 or 6, to be detailed to attend to the trials that might be ordered. We fixed the number at the lowest limit consistently with what seemed to be expected and desired by that Dept a little lower, indeed and provided that ten"might be retained. There are 18 of these officers now in office. There have been 21. These 18 are in office under a provision of the act ofJuly 17, 1862, which I will read, and by which the Gentfrom NewYork
Mr. HALE] will discover that he is mistaken. but set provides in the 6th section that" There maybe a pointed by the President, by and with the advice and consent of the Senate.for each army in the field. a judge advocate, with the rank, pay, and emoluments, each, of n. major of cavalry, who shall perform the duties of judge advocatefor the army to which they res rective ly belong, under the direction of the JudgeAdvocate General." Under that act these officers have been appointed, have been confirmed by the Senate, have by some construction been retained, and are now in office. They are borne upon the Army Register like other officers. We want to get rid of a portion of them at least.
Mr. HAL. Let me ask another question, and that is, whether the term “ arm in the field” has not a definite meaning? are we any armies in the field today in the Sense in which the term is used in that act? We had the army of the James, the army of the Tennessee, the army of the Potomac, and so on.
Mr. SCHENCK. I was always inclined to disagree with the construction, but by the construction put upon it even by the law authorities at the “i or Dept these persons remain in office, having been appointed and confirmed, althoug the army may have been disbanded. They are now actually in office, 18 of them enjoying the emoluments, drawin salary, and most of them, I believe, at work. with and explanation from the J judge Advorate General, ten may be disensed with. I think the gentleman will fin his object entirely secured by leaving the selection from those now in office.
The Clerk read the next section, as follows: Ste. 16. Abife:, That the quar teriiinsiers Dept of the Army shall hereafter consist of one uartermaster mom], with the rank, pay, and cmo uments of a rigmlier general; 6 quurtormiisters. with the rank. pay, and emoluments of colonelsof cavalry; ton quartormusters, with the rank pay, and emolumentsoflicutenant colonelsof cavalry: 15 quartermasters, with the rank, pay, and emoluments of majors of naval: 44 quiirteriiiasters, with the rank, pay.an emoluments of eirplainsof cavalry; and at least2/3rds of all original vacanciesin eachof the gradesoflicutenant colonel and major, and all original vacanciesin the grade of captain shall be filled by selection amongthosepersonswho have renderedmeritorfriooums serviceas asst quartermnstersof volunteers in the Army of the U.S. in the lato war. But pfter the 1st appointments made under the provisWions of this section, asvapancics may occur in the gradesof major and captain in this Dept, no appointments to fill the same shall be madeuntil the number of HILUOIS shall he reducedto 12 and the numbersof captains to 30 and thereafterthe number of officersin each of said grades shall continuo to conformto said reducednumbers.
Mr. SCHENCK. I have been under a promise to the Gentfrom Perms lvnnia, on my left, fora day or 2 to give him the floor to have some hills printed. think, after the fullest correspondence“ CHESAPEAKE DAY and LAKE ONTARIO.
Mr. MILLER, by unanimous consent, from the Committee on oads and Canals, reported back Housobill No. 92, to ascertain the practi cability of having steamboat navigation from Chesapeake bay, at the month of the Susquehanna river, to Lake Ontario, in the State of NewYork; which was ordered to be printed, and recommitted.
Mr. SMITH moved that the House do now adouru. he motion was disagreed to. GRANT or LANDS TO wusr VIRGINIA.
Mr. MILLER, by unanimous consent, from the ComRds&canals, reported back House bill No. 144, granting lands to the State of WestVirginia to aid in the construction of certain railroads, with the recommendation that itdo not pass, and moved that it be laid upon the table. The motion was agreed to. EDUCATION OF TH MILITIA.
Mr. HARDING, of Illinois, by unanimous consent, from. the Committee on the Militia, reported back House bill No. 102, to educate the militia, with amendments; which were ordered to be printed and with the bill recommitted.
Mr. SPALDING moved that the House do now adjourn.
Mr. STEVENS. I hope not, as we ought to work another hour.
Mr. SCHENCK. I hope we will not adjourn until we get through with the pending section of the Army bill. The House divided; and there were ayes 35, noes 61. Mr. SMITH demanded tellers. Tellers were not ordered. So the House refused to adjourn.
Skip Skip LEAVE OF ABSENCE GRANTED. On motion of Mr. DAVIS, leave of absence was granted to his colleague, Mr. VANAnn NAM, for ten days, and to himself for one week from today. REOBGANIZATION 0! Tim ARMY Again.
Mr. BLAINE. That part is not properly in the bill. It is to be stricken out.
Mr. DAVIS. If that provision is intended to be stricken out, I have of course no remarks to make upon it. But I submit that the amendment which I have submitted accomplishes all and no more than should be accomplished by the bill in reference to the QuarterMGens dept.
Mr. BLAINE. Let me ask the Gentfrom NewYork [Mr. DAVIS] whether it would not satisfy him, inasmuch as this change was made at the request of the QuarterMGen, if a proviso were added to the section, that it shall not work to the vacation of any commissions; would not that be entirely sat isfiictory?
Mr. DAVIS. I have no objection to any reasonable provision that will accomplish that end.
Mr. BLAINE. The committee had no such purpose as the gentleman seems to suppose. lhcy reported precisely what was recommended by the QuarterMGen.
Mr. DAVIS. I know that there are anumber of gentlemen in the QuarterMGens Dept who do not concur in the wisdom of the changes recommended by the QuarterMGen.
Mr. BLAINE. There isanother point which has been made by some gentlemen, in the course of this debate, although perhaps not by the Gentfrom NewYork, to which I desire to refer fora moment. It is that these officers would have commissions of a more recent date than those which were vacated, and that hence the measure would work an injury to them. Now, thatennuotbe so because their rank is entirely relative. It is no matter when their commissions are dated, so that the hold the same relative position as respects the men who come in rivalry with them for romotion. If all the commissions are dat similarly there is no harm done to anybod.
Mr. THyAYER. I will yield the floor for a moment to the Gentfrom Connecticut, Mr. Dmnso] who has a request to make of or House. CHANGE OF REFERENCE.
Mr. DEMING. Mr. Speaker, 8. very imrtant memorial has been presented to the Iilitary Committee, being the application of J. B. Sperry, president of the nion Pacific Railroad Company. for a reduction of the Military reservation at Fort Riley. There has also been referred to that committee a from citizens of western Kansas, aspteintgitioann appropriation for the bridging of the Republican river, or for the sale of certain lands to aid in that purpose. I find, on examination that these petitions involve nearly all the legislation that has been passed in reference to the Pacific railroad companies, and much of the legislation that is applicable to the public lands. I ask, therefore, that the ComMilAffrs be discharged from the further consideration of these memorials, and that they be referred to the ComPubLands There being no objection, the motion was entertained and agree to. RBORGANIZATION OI" T113 ARMY Again.
Mr. THAYER. I now yield for a moment to the Gentfrom NewYork, [ML Dayna]
Mr. DAVIS. The Gentfrom Maine (Mr. Bums] says that this changeof noinen clatnre will not. in any way affect the rank or position of any of these officers. I hold that in regard to priority of commission it does produce a change. Ifyon commission a man under this law to a new office, I do not suppose you are going to provide that he shall hold the commission which he did at a prior time when he was commissioned under another law.
Mr. BLAINE. He holds the same rank in the depaflment. I
Mr. DAVIS. Every man who has served faithfully in the Army of the U.S. under commission of an officer is entitled by a certain term of service to a certain increase of ration. This is known as the “longevity” ration. Now, I undertake to say that these men, if you appoint them to new offices, unless {in make special provision that they shall entitled to such longevity ration, will be de rived of that benefit.
Mr. BLAINE. The “longevity” ration only appllies to the infantry branch of the service.
Mr. SCHENCK. With a view of removing the objection to this section, or rather this phase of the objection, I move to add to the section the following proviso: But nothing in this section shall be construed so asto affoct the commissionof any officer now commissioned.either as acting quarterMGen or asdeputy quarterMGen, or asasst QuarterMGen. but only to chan of the tit o to quartermaster in the caseof those who rank as coloncls lieutenantcoloncls. Majors and captains.without shooting in any way their relative positions or the time from which they take such rank.
Mr. THAYER. As I understand the amendment of the Gentfrom NewYork [Mr. DAVIS] it leaves the organization of the QuarterMGens Dept precisely as it is now. I would ask the Gentfrom NewYork if that is not the effect of his amendment.
Mr. BLAINE. Not by a very great cal. The House bill, as amen ed, proposes to have 3 colonels in the Dept, and his amendment 6. The House bill proposes to have 4 lieutenant colonels, and he proposes to have 12.
Mr. HALE. I call for the reading of the 1st 2 clauses of the substitute proposed by, in regard to House bill 102, in regard to edu r, 7. } my colleague, so that We may see what. it amounts to.
Mr.THAYER. I hope that will be done. The amendment was again read.
Mr. SCHENCK. Thathis i neither the House bill nor in the Senate bi.
Mr. FARNSWORTH. I would ask the Gentfrom Pennsylvania [Mr. Tunsa] or the Gentfrom NewYork [Mr. Dawn] to point. out the necessity for increasing the number of quartet masters over and above the number provided in the House bill. The amendment of the Gentfrom NewYork [ML D.wis]Yp: oposes a larger number.
Mr. THA 7R. I am opposed to the substitute proposed by the Gentfrom NewYork, filth. DAvts. I desire to preserve the organization of this Dept in the form in which it. now exists, which I understand can be accomplished by striking out that portion of the Senate provision which provides for a new grade, 3 asst chief quartermasters general.
Mr. ROUSSHAU. Will the Gentfrom Pennsylvania [Mr. Truvna allow me to suggest an amendment which I desire to have offered?
The SPEAKER. There is an amendment pending to the section, and a substitute for the section pending.
Mr. ROUSSEAU. I desire to read it for the information of the gentleman, if he will allow me to do so.
Mr. THAYER. I will hear the amendment read.
Mr. ROUSSEAU. I propose to have this section amended by striking out the word “ briga dier” and inserting the word “major” before the word “general.” Also to insert after the word “general” the words “ 3 quartermasters general, with the rank. pay, an emoluments of brigadier generals;” also strike out the word “six” an insert the word “4” in the same line. The section would then read as follows: That the uartermrmters Dept of the Army shall heronter consist of one quartermalter general, with thorank. pay and emolumentsota major general; 3 quartermasters general. with the rank. MY and emoluments of brigadier generals; 4 quartermasters, with the rank. pay and emoluments of colonols of cavalry. ten quartermusters, with the rank. pay and emoluments of lieutenant colonels of cavalry; 15 quartormasters with the rank, my and emoluments of majors of cavalrg: 4our quarterniastors.with the rank. pay.sn emoluments of captains of cavalry; and at least 2/3rds of nll original vacanciesin each of the grades of lieutenant colonel and major. find all original vacanciesin the grade of captain shall be filled by selection from among those persons who have rendered meritorious service as asst quartermasters of volunteers in the Army of the U.S. in the late war. But after the 1st appointments made under the provisions of this section.as vacancies may occur in the gradesof major and captain in this dept no appointments to fill the sameshall be madeuntil the number of majors shall be reduced to 12 and the number of captains to 30 and thereafterthonumber of officers in each of said grades shall continue to conformto said reducednumbers.
Mr. THAYER. I prefer some other amendment.
Mr. SMITH. Willthe Gentfrom Pennsylvania [Mr. THAYER] yield to me for a moment?
Mr. THAYER. I will. uxiroitii MILITIA SYSTEM, are.
Mr. SMITH. I desire to have entered upon the Journal a motion to reconsider the vote, by which the House yesterday recommitted to the Committee on the Militia House bill No. 501, to provide for the national defense by establishing a uniform militia system and organizing an active militia force throughout the U.S. I also desire tobave entered a similar motion eating the militia. which with amendments was recommitted to that committee today, on the motion of the Gentfrom Illinois, [Mr. HARDING.]
Mr. WASHBURNE, of Illinois. I move to lay those motions to reconsider on the table. Mr. Speaker. No action can be taken on the motionstoreconsideratthistime, pending the consideration of the Arm hill. The motions will be entered upon the ournal. Ill IORGANIZATION OF THE ARlY AGAIN. The House resumed the consideration of the bill for the reorganization of the Army. The pending question was upon the substitute preposed )y Mr. Davis for the 16th section in relation to the quartermasters do tment.
Mr. THAYER. I appeal to the Gentfrom NewYork [ML Dans] to withdraw his proposed substitute and aces t in lieu thereof the corresponding section of the Senate bill, leaving out the 3 new officers created by that section. It will then read as follows: That the quartormastur Dept of the Army shall hereafter consist of one quarterMGen, with the rank, pay and emoluments of a hrigudier general: 4 asst quarterMGen with the rank pay, and cmoluments of coloncls ot cavalry; 8 deputy quarterMGens. with the rank pay. an emoluments of licutenant coloncls of cavalry; 16 quartcimasters.w1ththe rank. pa and emoluments of majors otcavalry; and 4en: t asst quarterumsters with the rank. pay and emolumentsof captains OIenvnlry and the vacancies hereby createdin the Gradeof asstquartermnstar shall be filled by select pn from among the persons who have rendered meritorious service as asst. Quartermastors of volunteers during 2 yours of the war.
Mr. THAYER. If the House will adopt this amendment it. will preserve the existing organization of the Dept. It not only retrains from the injustice which was contemplated, or rather Is ould say the injustice that would have been done, by the original section of the House bill, before the proviso was offered by the Gentfrom Ohio, [Mr. Sarasota] and which would have turned out of the Army 48 asst quartermasters, 4 as sistant quartermasters general, and 3 dep duty asst quartormasters general, but it preserves the organization as it now is and it readers all this verbiage unnecessary I trust the gentleman will not consider me as meaning any disrespect which was reported by the committee, simply for the accomplishment of his purpose of getting rid of titles which have been in the quartermasters Dept ever 511108 the reorganization of that Dept in 1838. Now, see no objection to those titles. They have worked no inconvenience, and the Quar terMGen himself does not pretend that they have ever worked any inconvenience. They have been preservod throughout the operations of 2 wars, and in times of peace, alpd no inconvenience or injury has arisen from them. I am opposed to the sectionof the House bill even with the proviso of the Gentfrom Ohio; because I think it is entirely unnecessary, beenuse no benefit can be gained by it, and because it is a dangerous innovation upon the present and established organization 0? the Arm.Ido not know precisely what the effect O it would be; but it would go further, perhaps, than the Gentfrom Ohio himse f intends.
Mr. SCHENCK. If I may venture to diller with these gentlemen who are giving us this information, I will say that the Gentfrom Penna lvania is utterly mistaken. He says that this amendment proposes to keep the nartermasters Dept just where it is. This is not the case. The QuarterMGen wanted the number of officers increased from 65 to 100 or more. The Senate agreed to make the number 80. We have agreed to make it 76. The gentleman says that his proposition corresponds with the existing law. I do not know where the gentleman gets this impression. The Army Register of this year, relating to those now in offiuo, tells us that while this substitute provides for 4 colonels, there are now but 3; that while this substitute provides for 8 lieutenant colonels, there are now but. 4; that while this substitute provides for 16 majors, there are now but 11; that while this substitute provides for captains, there are now but 46 4olght; and at while this substitute provides altogether for 76 officers, there are now 66. The amendment is not the provision of the Senate bill; it is not the provision of the House bill; it is not the proposition submit ted by the council of general officers; it is not that which was originally reported in the Senate; it is not in accordance with the Army Register. Somebody has got it up, and i. will affect somebody and promote somebody; but surely it cannot be pretended that it corre sponds either with the House bill or the Senate bill or the Army Register or anything else known to the present law or any proposition ending when the amendment was offered. fThis is what I undertake to say as matter of act.
Mr. THAYER. If the gentleman will allow me, I will state for his information that the proposed amendment is cut bodily from the Senate bill, and is precisely the provision of the Senate bill, except that I have stricken out the words, “ 3 chief quartermasters General, with the rank, pay, and emoluments of a brigadier general, ” those words involving the creation of a new office. It is exactly the provision of the Senate bill, omitting that new grade of Chief QuarterMGen.
Mr. CONKLING obtained the floor, but yielded to
Mr. DAVIS, who said: I desire to say that the amendment which I sent to the desk to be read as a substitute was cut from the Senate bill. It is Senate bill No. 67. I know they passed a bill, No. 138. I understand that perfectly. I am credibly informed that this amendment received the sanction of the distinguished military gentlemen to whom I have alluded. The original Senate bill provided for 80 seren. Bill No. 138 reduced that to 80.
Mr. CONKLING. I new resume the floor. I am persuaded, no matter how amended, this bill will continue to afford harmless occupation; and I therefore move that the House adjourn.
Mr. MOORHEAD. I ask the gentleman to yield to me for one moment to move that the ComCommerce be allowed to report back a bill for the relief of Thomas F. Wilson.
Mr. CONKLING. Iwithdraw my motion for that purpose. THOMAS F. WILSON.
Mr. WASHBURNE, of Illinois, by unanimous consent, from the ComCommerce, reported back Senate bill No. 146, for the relief of Thomas F. Wilson, late U.S. consul at Bahia, Brazil, with a recommendation that it do pass. The bill, which was read, provides that the SecyTreasury be authorized to pay to Thomas F. Wilson, late U.S. consul at Bahia, $1,500 out of any money in the Treasury not otherwise appropriated, in full compensation for extra services, and for all other claims he may have against the Government, while in the service of the U.S. as consul.
Mr. will son was consul of the U.S. at Bahia, Brazil, during the years 1862, 1863, and 1864. During almost the entire time that the petitioner was consul at Bahia, that port was the rendezvous of the rebel irates for the south Atlantic, where they laned large numbers of prisoners who were captured on board of American vessels on the high seas, and where they met their consorts and tenders for the purpose of obtaining coals, powder, and other supplies. 3 of these rebel pirates made the port of Bahia their calling place; 2 of them, the Alabama and Georgia, being on one occasion there at the same time, where they met their tenders to obtain supplies. One, and some times more, of these pirates were constantly cruising in the south Atlantic, and liable at any time to enter the port of Bahia, or to send in prisoners. The rebels had a regular agent at Bahia, who was the consignee of their sn )ply vessels, discounted their bills, and furnied funds to purchase stores for the pirates. The frequent visits of the pirates to this port imposed upon the consul the necessity of taking care of: and providing for, large numbers of prisoners landed at different times; also required the utmost activity and vigilance in watching the pirates, and thwarting their efforta to obtain supplies, and required a large amount of consular abor and correspondence with the local authorities at Bahia, the U.S. minister at Rio de Janeiro, the De artinent of State, and the commanders of the U.S. vessels of war, to whom he Supplied valuable information. The last of the rebel pirates which visited the port of Bahia, for the purpose of obtaini coals and supplies, was the F orida. Throug the efforts of t 1cconsul she was prevented from doing so. He was the party who went on board of the Wachusett and gave the information which led to the capture of the Florida. If the committee had done anything to change:hc bill it would have been to make the amount order.
Skip Skip The bill was ordered to a 3rd reading; and it wags1 accordingly read the 3rd time and asse. Mr. MOORHEAD mtRtv the bill was passed; upon the table. Agreed to. WINNEBAOO and SUPERIOR RAILROAD.
Mr. ELDRIDGE, by unanimous consent, presented the memorial of the Legislature of the State of Wisconsin, asking for a grant of land to aid in the construction of so much of the Winnebago and Superior railroad as extends from Dotys Island to Stevens Point which was ordered to be printed, and referre to the Committee on public Lands. BUSINESS ON SATURDAY.
Mr. STEVENS. I ask unanimous consent of the House to offer the following resolution: Resolved, That on Saturday bills on leave and resolutions, for referenceonly, may be receivedby unanimous consent, on condition that they shall not be bizpughtback into the House by a motion to reconsider.
The SPEAKER. The resolution would relieve the House from much embarrassment.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. Format. its Clerk, informed the House that the Senate had passed the following bill and JtResolutions, in which the concurrence of the House was requested: An act (S.No.193) granting lands to the State of Michigan to aid in the construction of a harbor and s ip canal at Portage Lake, Ke weenaw Point, Lake Superior, in said State; AJtResolution (S.R.No. 31) manifesting no sense of Congress toward the officers and seamen of the vessels, and others, engaged in the rese ue of the officers and soldiers of the Army, the passengers, and the otheers and crew of the steamship SanFrancise o from perishin with the wrec of that vessel; and A JtResolution (S.R.No. 61) to extend the time for the construction of the 1st section of the Western Pacific railroad. WESTERN PACIFIC RAILROAD.
Mr. McRUER asked nnanimousconsent to take u from the Speakers table JtResolution of the Senate No. 61, to extend the time for the construction of the 1st section of the Western Pacific railroad.
Mr. WASHBURNE, of Illinois, and Mr. ROSS, objected. STATE and NATIONAL BANKS.
Mr. RICE. of Maine, asked unanimous consent to introduce the following resolution: Resolved.That the Committee on Bnnlting Currency and be and hereby is. directed to inquire into the expediency of providing by law for the conver ROI! O State ban 5 now organised into national banks on or before the lst day of July next, and to report by bill or otherwise.
Mr. CONKLlNG. do now adjourn. The motion was agreed to; and aecordingly (at 4 oclock and 30 minutes p. m.) e House adjourned. +
###HOUSE OF REPRESENTATIVES. Ssrennsv, April 21, 1866. The House met at 12 oclock in. Prayer by Rev. Gsoaos F. Masons, President of Iowa College. The Journal of yesterday was read and approved. PRESIDENTS MESSAGE. The House resumed, as in ComWhole on the state of the Union, the consideration of the Presidents annual message, upon which Mr. PERHAM was entitled to the floor.
Mr. PERHAM. I yield for a few moments to the Gentfrom Delaware, (H.R 01.5085 RECONSTRUCTION.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. MCDonALD, its Chief Clerk, informed the House that the Senate had passed House bill No. 238, to amend an act relating to habeas co, and regulating udieial proceedings in certain cases, approved arch 3, 1863, with amendments, in which the concurrence of the House“ was renested. lso, that the Senate had agreed to the amendment of the HoRep to the amendment of the Senate to the amendment of the House to the hill (S.No.89) to issue American resters to the steam vessels Michigan, Des ate, and William K. Muir. Also, that the POTUS had approved sundry acts and JtResolutions enete. RECONSTRUCTION.
Mr. J. L. THOMAS. Mr. Speaker, I yield a few moments to the Gentfrom Pennsylvania, Mr. MILLER“?
Mr. SCOFIELD. I wish to ask the Gentfrom Kentucky if it makes any difference whether we allow a man who was engaged in the rebellion to come in here and represent a district, or some other man, who, although he was not engaged in the rebellion, would vote exactly as the rebel would? Does it make the representation any better because the representative did not happen to be engaged in the rebellion, provided his views are the same and his votes here would always be the same “I
Mr. SMITH. Well, Mr. Speaker, I do not see how that ditheulty can be avoided in the future of our country.
Mr. BOUTWELL. If the gentleman will permit me, I will suggest a way.
Mr. BOUTWELL. If the give way for a moment, I won] word just here.
Mr. SMITH. If the gentleman thinks that he can suggest a lan, I am always willing to learn; and there ore I yield.
Mr. BOUTWELL. I desire to ask the Gentleman whether he does not see any difference between canvassing the political Opinions which may be held upon questions concerning the administration of the Government by men elected as representatives from loyal States, and declining to recognize as entitled to Representation people who at present are not Represented, and who cannot be until there is some affirmative action on the part of the Government, without an inquiry as to their opinions concerning the right. of the Government to exist. If we find, as we have found by the testimony of Mr. Stephens and others, that in some of these States which the gentleman desires should be represented immediately and without inquiry, 9/10ths or 19/20ths of the people deny the right of this government to exist, are they to come in here by their representatives and attempt to use their politica power for the overthrow of the government? Is not that a different question from the question how the Government shall be administered. all of us agreeing that it has a right to exist?
Mr. SMITH. As the question is presented by the Gentfrom Massachusetts, I admit the difference in the 2 propositions which he presents. But, sir, allow me to say that I do not confine the question alone to loyal States, to Pennsylvania, Illinois, Massachusetts, or Kentucky. 1 submit this question in the case of a State where that condition of things does not exist, according to all the information we have, which is not locked up and hidden from the House and from the country a State where there are loyal men, who have from the beginning to the end of the late struggle evinced their devotion to the Union, and who have further manifested their loyalty to Congress by returning to Congress as representatives men who are as loyal as any who new exercise the privilege of this floor in such a case as this ow is it. to be reconciled to the consequences of members of this House and the people of the country, that such a community should be denied the right of representation?
Mr. be UTWELL. Does the gentleman mean to confine the elective franchise in mississippi, for example, to the loyal white men, excluding the disloyal white men?
Mr. BOUTW ELL. Then I ask the gentleman howa government is to be set up and maintained in such a State as Mississip i, it being matter of public notoriety, as wel as the showing of sworn testimony, that 9/10ths of the white people are disloyal? Does the gentleman expect that one 10th of the white people of Mississippi will be permitted by 9/10ths to set up and continue a government against the judgment of the 9/10ths, unless you support that government by the power of the Federal authority?
Mr. SMITH. Now, Mr. Speaker, I am lad that this question has been asked. According to the precedents established here by speeches and by resolution in the 37th and the 38th Congresses by the strongest men upon this floor, the doctrine was fully enunciated and maintained by a majority of the Union men, among them the honorable Speaker of this House, that the loyal people of each State, regardless of numbers, were to be recognized and considered as the State, and entitlegto the rights and privileges of this State, including the right of representation in congrcsa.
Mr. BOUTWELL. I did not ask the gentleman what the Speaker of this House, or any ntleman will like to say a ; One else, has said. lacked the gentleman a practical question; if it. Lppear upon testimony which cannot be dispute that 9 10ths of the people of Mississippi are disloyal, does the gentleman expect that those 9 10ths will permit the one 10th to set up and maintain a government?
Mr. SMITH. Mr. Speaker, if that question should be reduced to a practical form if it be true that in such a case one 10th of the community must rule, that one 10th alone must be allowed to vote, that one 10th should be regarded as the State, and the remaining portion of the people must be entirely ostracized, must not he considered as entitled to the right of suffrage in the reorganization; who is to fix that? The gentleman no doubt will say “Congress is to fix it.” Very well, admit it, for the sake of argument. Then why does not Congress fix it, and let the loyal one 10th of the people be represented in conrcss, and enjoy all the other rights to whic, ns loyal citizens, they are entitled under the Constitution? I know that the distinguished Gentfrom Ohio, [Mr. BINGHAM, { whom regret to sayI do not now see in iis seat a gentleman who is justl looked upon as one of the leaders of this case, a man for whose opinions I have a very high regard, and one whose lead I have followed nring the troubles of the last 3 or 4 years asserted in the 30 7th Congress, in the case of an aplicant fora seat from the State of Virginia, that the 25 men who alone had voted for that applicant, were the district, and that therefore he was entitled to a.seat on this floor; and he was accorded a seat by a majority of the votes of the House, the Union men voting for his admission. Again, sir, the Gentfrom Tennessee, Mr. Maynard, hel a seat on this floor as a Representative from the State of Tennessee during the 30 7th Congress, after that State had adopted an ordinance of secession.
Mr. MeKE. Will my colleague permit me to ask him one question I
Mr. McKEE. In the case of the election of that Gentfrom Virginia, did any others than liose 25 who voted offer to vote or want to vote?
Mr. SMITH. I do not know anythingabont that; and it is not pertinent to the question. The rule of law and of practice in such a case is, that it makes no difference whether there were 20, or 20,000 men voting. No matter how many refuse to vote, those who do vote are entitled to representation, and their representative is entitle to his seat.
Mr. RANDALL of Pennsylvania. Will the Gentfrom Kentucky yield to me for a moment?
Mr. RANDALL, of Pennsylvania. Idesire to ask the Gentfrom Massachusetts [Mr. Bovrwsnnfaquestion. I would like to know whether he be ieves that it is in the power of 9 10ths of the people of a State
Mr. HIGBY. I object to the Gentfrom Pennsylvania asking a question of the Gentfrom Massachusetts.
The SPEAKER. The Gentfrom Kentucky having the right to the floor has a right to yield
Mr. HIGBY. I object to the Gentfrom Pennsylvania puttingaquestion to another gentleman who is not upon the floor.
Mr. RANDALL, of Pennsylvania. Then I will ask the Gentfrom Kentucky to put to the Gentfrom Massachusetts the question which to avoid circumlocution, I proposed to ask directly myself.
The SPEAKER. The Chair thinks the Gentfrom California [Mr. HIGBY] is correct in the point which he raises, as the gentleman addressed has not the floor to, rely.
Mr. HIGBY. I do not want t a Gentfrom Pennsylvania to speak in the me which I, being entitled to the floor, hav elded to the Gentfrom Kentucky. want the Gentfrom Kentucky to go on with his remarks.
Mr. SMITH. I thought the gentleman had yielded the floor to me unconditionally. I do not wish to get into any trouble. I am trying to be as courteous as I can.
The SPEAKER. The Gentfrom Pennsylvania may address the member upon the floor for the purpose of explanationfimt he cannot address other members.
Mr. RANDALL, of Pennsylvania. I desire the Gentfrom Kentucky to yield to me to put a question to the Gentfrom Massachusetts. I do not listen to what th Gentfrom California says; I yield to the decision of the Speaker. Mr. Speaker. The Gentfrom Kentucky has the right to yield the lloor to the Gentfrom Pennsylvania for personal explanation under the rule which has so often been read.
Mr. SCOFIELD. For explanation of the pending measure.
The SPEAKER. the Gentleman will seethat does not extend to interrogating other members.
Mr. RANDALL, of Pennsylvania. Let me ask the Gentfrom Massachusetts how he believes 9 10ths of the disloyal people of a State could destroy or impair the rights of the loyal one 10th. Now, if that loyal one 10th have to pay taxes have they not certainly the right of representation? Having that right of representation, when they come here and present loyal men and who are capable of taking the oath I have taken, what reason can he ive for not admitting them to seats upon this oor?.
Mr. BOUTWELL. I should like to answer the question if the gentleman will permit me.
Mr. SMITH. I will yield to the Gentfrom Massachusetts if he will not take up too much time in answering the question.
Mr. BOUTWELL. I will answer as briefly as I can.
Mr. BOUTWELL. You can stop me when you please. Mr. Speaker, the right of representation, whether in the Senate or in this House, is a right which pertains to States as States, and can be exercised by the people only through the recognized State or nizntions. he State organizations in these e even States, which once exrsted in harmony with the organisation of the national Government, by someevent or through a series of events, have ceased to exist as a matter of fact, because they are not represented. That is the evidence they have ceased to exist. How, why, or when is a matter of no impor" e tance. fore any representation from either of those States can be exercised you must have the previous recognition of the right of the State to be represents and in the inquiry as to the right of a State to be represented we must look to the whole constituency of a State to ascertain whether there is such an existing loyal sentiment as will reasonably lead to the expectation that the representation of that State will be loyal. I will answer the question distinctly. There is no right of one 10th of the people of a State, even though lciyal, to be represented as a State. It is the right of the people, of the whole people, when they demonstrate their loyalty to this government, to be represented as the people of that state.
Mr. RANDALL, of pennsylvania. The Gentleman overturns the doctrine of Mr. Lincoln from the be innin.
Mr. SCOFIELD. I would ask the gentlemfian why he does not introduce a bill to that e cct.
Mr. SMITH. I will, if some of you do not O it.
Mr. SCOFIELD. Why has not the gentleman done it before? He has been here 5 months.
Mr. SMITH. I have been waiting for it to be done by some of the gentlemen who have shown so much blood thirstiness in regard to the rebels.
Mr. SCOFIELD. The gentlemnn is the only one now talking with any blood thirstiucss, and he calls upon us to so why we have not done something to punish these men.
Mr. SMll. Because the or s of the radical portion of Congress, and O those who are opposed to the policy and conduct of the Admmistration, are denouncing him day after day because he does not do something and yet members sit in their seats here or walk about the cit or go through the country condemning the resident for what shonldbe justly charged to the Congress of the U.S., and which cannot be shouldered on him.
Mr. ELDRIDGE. I would ask the Gentfrom Kentucky PM. SMITH] if he esires to be understood as claiming that Congress has the power to pass laws now under which these men shall be tried, condemned, and punished; and must that not be done under the laws that existed at the time the crimes were committed?
Mr. SMITH. As a matter of course they must be punished under the laws that existed at the time their crimes were committed. But Congress can by law provide the means by which the can be brou lit to justice.
Mr. ELDRIDGE. blast they not be tried in the district prescribed by the laws which existed at the time the crimes were committed?
Mr. SMITH. I will agree to that. But the districts are as numerous as the men themselves. We can have them tried in Virginia and all the southern States because the courts are now reestablished there.
Mr. BROOMALL. I would ask the Gentfrom Kentucky [Mr. SMITH] what additional legislation he considers nce essart y and what power has Congress to pass laws or the punisment of crimes committed heretofore.
Mr. SMITH. I have said all the time that th POTUS had nothi to o with it; and I was undertaking to defeiid the President against the charge that he does not punish an bod, when he had no right to punish an be If the right. existed in any place at alto cg down a plan by which these people were to e bro lit to trial it was in }Congress and nowhere e so. They failed to do it. I know congress cannot pass expost fuclo laws. I know t at.
Mr. BROOMALL. What law can Congress ass?
Mr. SMITH. I understand how men would avoid if they could, bringing the people they charge as having been guilty of the highest crimes known to the laws of the country to justice because it will affect to some extent the policy pursued by Mr. Lincoln and President O nson.
Mr. BROOMALL. I desire to ask the Gentleman what power Congress has in the matter and where does it get it?
Mr. SMITH. I would like to ask the Gentfrom Pennsylvania I do notwant iim to answer, as I will answer for him what power has the President in the matter?
Mr. BROOMALL. To enforce the laws as the exist. It
Mr. SMITH. If the position assumed by these gentlemen be true, that Congress has no power by any process of legislation over these rebels who have thus acte, what power have they to legislate in reference to the rebels in the States under the parole of the Administration? What right have they to keep them out? They want to punish the whole of them in a body. They want to punish a State, a corprr ration, for what a few men have done. They refuse, by any declarative action of theirs, so as to put themselves right upon the record. I know what it means. It oes not need a man of great exerience to understand it. It is because Iresident Johnson has followed the policy of President Lincoln. He carried out that policy, and States have been organized in the rebel States, republican in form, and which cannot be overturned or destroyed, which this Congress dare not destroy. I cave it to time to prove the truth of what I say. it is because they feel the force and effect of that policy upon the people. The great mass of the people will soon rise to maintain it, whether they have belonged to one party or the other heretofore.
Mr. RANDALL, of Pennsylvania. The POTUS did, on the 2d of October, 1865, address a letter to Chief Justice Chase on this subject, and the Chief Jus tice, on the 12th of October following, replied, declining to hold a court as suggested by the President, and proposed a military tribunal for the trial of these people.
Mr. SMITH. hat is true. the President to so so myself.
Mr. SHELLAB RGEIL I want to make a suggestion in reference to what has been said of ChiefJustice Chase. I do not know these statements are exactl parliamentary, but as one has been made, I desire to say this: within a few days the AttyGen of the U.S. made a statement to myself and others, not confidential or private, which it may be well enough to be known by the nation. He, the law officer of the Government, stated that the position taken by Chief Justice Chase under the circumstances was proper, as the condition of the country was not such as to make a judicial trial much less than a mockery. Chief Justice Chase was therefore right, in the opinion of the AttyGen, in declining for the time to hold court on account of the disturbed condition of the State where the trial was to be held.
Mr. KELLEY. Are all the people of Kentucky embraced in that calculation slaves and all?
Mr. RITTER. Every one; white people, free colored people, and slaves; if there are any other kinds there, if the gentleman will point them out, I will include them.
Mr. KELLEY and the property equals $500 to each one of them?
Mr. KELLEY. Will the gentleman allow me to put a brief question to him right here?
Mr. KELLEY. Does that calculation embrace the appraised value of the slaves in Alabama and Kentucky?
Mr. RITTER. Yes, sir 3 I believe the government always went upon the principle that hey were worth somethin.
Mr. KELLEY. Does t a calculation also embrace the appraised value of the laboring people of the free States?
Mr. RITTER. That has nothing to do with vt, because the free colored people in the slave States are upon just the same footing in that respect with the reclaboring population of the North. "be en lo of the Suite of Illinois made, in 1860, the following products:. Iobaceo, 7, 014, 23lbos, at 10cts. "ii 11.). 701, 422; ice, none. Cotton. 6 bales. Counted 40011t1o1t!he bale, and at 200ts. ii 111. M Value of livestoek uncludins horse. mules, asses, milch cows.working oxen. other cattle, sheep, and swme. 73,434,621 Total value. 8164, 593.771 This ves an average to each person in the State of Illinois of about $06. I would like to have the attention of the Gentfrom Pennsylvania [Mr. KELLEY] to this, because I suppose he will attempt to disprove these calculations, if he can.
Mr. KELLEY. i think they are disproved now.
Mr. KELLEY; Will the Gentfrom Ohio [Mr. Sunnmnauenu] permit me to ask one or 2 questious of the Gentfrom Kentucky [(Mr. RITIER] which he stated his willin ness to answer after he should have conclude his speech?
Mr. SHELLABARGER. If I knew how muledh time it would take I might be willing to le. y
Mr. SHELLABARGER. If it will not take more than 5 minutes, I will yield.
Mr. KELLEY. I will propound the 1st 81cstion with the leave of the Gentfrom 10.
Mr. SHELLKBARGER. I will exercise my right to resume the floor if I find that too much time is to be taken.
Mr. ELDI HDGE. I object to the question being put to the Gentfrom Kentucky [ML ltiirnn] unless he is allowed time to r ly. sill.
Mr. KELLEY. He will have time. The Gentfrom Kentucky stated the assessed value of the property of the slave States in comparison With the assessed value of the property of the free States. I want to inquire whether that embraces the assessed value of the increase of slave population from year to year.
Mr. RITTER. I believe the gentleman asked that same question while I was upon the floor, with the excction of the part in regard to the increase of s have population. Of course slaves were regarded as valuable, and were required by the laws of the State to be assessed at what they would bring in the market, and were taxed as property.
Mr. KELLEY. I clieve that branch of manufactures did not a pear in the list of assessed procrty of the eStates.
Mr. RHT Mr. That has nothing to do with the productions of the soil.
Mr. KELLEY. I wanted to point out the distinction. The gentlemans calculation of property was made by appraising the value of sec 1 working man in the South at from 300 to 1000 dollars, and then crediting him with a portion of that in the average possession of Now, property. I desire to as the gentleman whether it be true, as he states, that all have been on an equality in Jamaica. He stated that all, black and white, were equal in Jamaica.
Mr. RITTER. I gaVe my authority for the statement.,
Mr. KELLEY. The right of suffrage there is not possessed by one inten of the population suffrage there is not as liberal as it is in England. As the Gentfrom Ohio [ML Summa BAROER] wants the floor, I will forego the other questions.
Mr. KELLEY. I will ask one other question: if taxation with representation be the true principle, and its disregard must lead to revolution, ought not that principle to be to the majority of the people of the 2 apptaliteedsof SCarolina and Mississippi?
Mr. RITTER. The gentleman makes that a matter of assertion.
Mr. KELLEY. I ask the gentleman a question. He argues that the correct principle is that taxation and representation should e equal, and that the disregard of thatprinciple would justify revolution. Now, ask Wiether the disregard of that principle in regard to the majority of the pee is of the 2 States of SCarolina and i ississippi would in his indgment justify revolution?
Mr. RITTER. I am in favor of taxation and representation going together. In SCarolina they have always gone together, for the co lo have all been represents.
Mr. KELLEY. The gentleman stated that the census of 1860 shoWed that there were 291,000 white people in SCarolina, and 412,000 colored) people. Now, I ask whether the principle which e regards as so sacred and inviolable should be applied to that State, and whether its disregard would in his judgment justify revolmion?
Mr. RITTER. The gentleman forgets that the people of the State of SCarolina and the other southern States have always been represented in the State Legislature, and until the last 2 or 3 years have always been represented in Congress. He appears to have the idea that there were some persons in that section of the country who were not represented.
Mr. KELLEY. Does the gentlemen, then, mean that the person shall have no voice in electing his representative, but that an oligarchy, an aristocracy, or a monarch may I think any other day will designate the representative or does he mean that the representative shall be the choice of the person represented?
Mr. RITTER. I do mean to say that there are a good many persons in the country who do not vote, and yet they are represented; and I presume that such will be the case for all time to come. I do not understand that any gentleman here proposes that everybody shal vote.
Mr. KELLEY. Then I will modify my question. Does the gentleman believe that a majority of the free adult male inhabitants of a State ought to have a voice in electing its representatives?
Mr. RITTER. Mr. Speaker, it seems to me we are consuming time here altogether unnecessarily. As I am trespassin upon the time of the Gentfrom Ohio, [Mr. SHELLA BARGER] Iwill make this single remark, that I do not regard this as the properplace to discuss the question in regardJ to the qualifications of voters. The Constitution has, in my opinion, placed the control of that question with the States.
Mr. KELLEY. It is not often that a Gentfrom Kentucky declines to answer a question or evades it. DISFRANCHISEMENT OF REBELS.
Mr. HALE. Will the Gentfrom Ohio permit me to ask him a question upon the point e is new discussing?
Mr. HALE. I desire to inquire whether this forfeiture of which the gentleman speaks can ever operate until office found by a court of competent jurisdiction?
Mr. HALT. Will the gentleman permit again a sin isquestion?
Mr. HALE. Did not every one of those laws to which the gentleman has referred involve the trial, conviction, and sentence of the persons thus disfranchised before a court of comctent jurisdiction?
Mr. HELLABARGER. I answer the Gentleman, no, sir. Besides the gentlemen will find that one of our naturalization laws, that of 29th March, 1790, was repealed, in art, because it excluded from citizenship oul t can "proscribed" by the State laws, and did not include, in terms at least, those “legally convicted." and the reealing act of 29th Janu ary, 1795, added to those proscribed the other class of them convicted, making the clause read: “No person heretofore proscribed by any State, or who has been legally convicted of havingjomed the army of GreatBritain, ” 85c. So the law of 1802, now in force, is. So that either and both classes, the proscribed and the convicted, are excluded from American citizenship.
Mr. HALE. Then will the gentleman tell me how, under those laws, the act of having been engn d in such rebellion was ever to be ascertainc?
Mr. HALE. I take a doe interest in the gentlemans argument, and if e does not take offense, I would like to ask him a question.
Mr. SHELLABARGER. I will yield to the gentleman with pleasure.
Mr. HALE. As I understand the drift of the gentlemans argument now, it is that Congress may lawfully enact today forfeiture of citizenship as a penalty for having been engaged in the rebellion against the Government. believe I am correct in that understanding. Then I submit whether there is not another difficulty in the case, which is simply this: that by another express provision of the constitution, which he has omitted tonotice, he is again precluded, for the imposition of a new penalty, for any crime whatsoever, committed before the passage of the act is expressly and directly within the definition of an expostfacto law; and whether it is not thereby forbidden by the Constitution of the U.S., just as effectually as bills of attainder. I do not propose to argue or elaborate my sug estion. f to da we may by legislation enactt e pen alty of the loss of citizenship for rebellion or disloyalty, may we not by the same operation enact another or different penalty be ore the passage of the act?
Mr. HALE. I ask the Gentfrom Pennsylvania to yield to me for about 5 minutes. I do not think I will occupy more than that.
Mr. SCOFIELD. I yield to the gentleman on condition that I do not lose my right to the floor.
Mr. SCOFIELD resumed the floor, but yielded to Mr. WARNER, who moved that the House do new adjourn. The motion was agreed to; and accordingl (at 5 oclock and 25 minutes p. m5 the House adjourned.
Skip Skip PETITIONS, ETC. The followin petitions. &c. weropresentedunder therule and reerred to the By appropriate committees: Mr. DELAhO: The ctition of L. C. Vernon. M. D and others. of It usking umpounty. Ohio asking a revision of duties on foreign drugs and medicines. Also. the ggtition of William Wolffe and Henry iHnocwreea.saenddduty oonthfeorrse. iicrintizweons of anOdhtioh.eppraroytinegctionnn of the wool growersof the country. B of MLWILLIAMS: The petition of wool. rzrowns utler county. Pennsylvania, asking for increase of duty on foreign wools.
@@@IN SENATE SENATE. MONDAY, April 23, 1866. Prayer by the Chaplain, Rev. E. H. GRAY. The Journal of Friday last was read and approved. EXECUTIVE COMMUNICATIONS.
The PRESIDENT protempore laid before the Senate a message mm the POTUS, transmitting, in answer to Ithe resolution of the Senate of the 8th of January last. a communication from the SecyWar, covering copies of the correspondence r espectine General Order No. 17, issued by the commander of the Dept of California, and also the AttyGens opinion as to the question whether the order involves abreach of neutrality toward Mexico; which was or dered to lie on the table, and be printed.
Mr. WILSON, it was Ordered, That the bill (S.No.207)to provide for the c qualization of the bountiesto soldiersinthelate war O rebellion beprinted. REPORTS OF COMMITTEES.
Mr. ANTHONY, from the ComPrintg, to whom was referred a JtResolution (S.R.No. 63) to authorize the SecyInterior to exchange or dispose of certain odd volumes of congressional documents, and other odd volumes, reported it with amendments.
Mr. RAMSEY from the ComPostOfficesand Post Roads, to whom was referred the petition of Jose h Nock, praying for the payment to him of amages arising from the annulling of his contract or supplyin the Post. Othee Dept with mail locks on key, and also for the use of his patent for the construction of mail locks, submitted a report accompanied by aJtResolution (S.R.No. 71) reerring the petition and papers in the case of Joseph Nock to the Court of Claims. The bill was read and passed to a 2nd reading, and the report was ordered to be printed. PUBLIC LANDS IN NEVADA.
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, was read the 3rd time, and passed. BILLS INTRODUCED.
Mr. WADE asked, and by unanimous consent obtained, leave to introduce abill (S.No.280) to repeal an act entitled “An act to retro cede the county of Alexandria, in the DistCol to the State of Virginia, ” and for other purposes; which was read twice by its title, referred to the ComDistCol, and ordered to be printed.
Mr. WILLEY asked, and by unanimous consent obtained, leavo to introduce a bill (S.No.281) to nuthoriza the Chesapeake Bay and Potomac River lido Watt! Canal Company to enter the DistCol; which was read twice by its title, and referred to the Commit toe on a DistCol. NMMYMRINEY
Mr. CONNESS. I offer the following resolntion, and ask forits present consideration: Remlnrll, That the ComCommerce be directed to inquire into the necessityof prohibiting the importation of nitro glyccrine . its transportation n American vessels or by land within the U.S.tut cs and its manufacture in the U.S.; and that the committee report by bill or otherwise. There being no objection, the Senate proceeded to consider the resolution.
Mr. CONNESS. l have received this morning by the telegraph, from the Chamber of Commerce of SanFrancise o, the result of a special meeting called by that body in relation to this subject, which I ask to have read at the desk. it is addressed to Congress.
The Secretary read, as follows: “At a special inceini: of SanFrancise o Chamber “Commerce. the following action was “W taken: herons severalfatal accidents have lately taken place from the terrible explosive propertiesof nitro glyceriiic. a substance whose full powers se cmyct imperfectly understood.evenby experienced ehemists, irPemby greatlossof life and property haveresulted: Thereforc, desiringto prevent further calamity. Be it rmnlvul. That the president of this chamber be instructed to telegraphConwressre nost inirimmo dinto legislation for the protection O life and propany from dauiors connectedwith nitro glyusrin a, Resolved, but this chamber recommend the immadiute passageofa low, under I. suspension of the rules. constituting thesinment or transportation of nitro trl cerlnsb any public conveyance within the Pmpaitncyd.” totesor y any Vessel of the U.S.a.
The PRESIDENT prolampore. The question is upon the resolution. The resolution was adopted.
The PRESIDENT protempore. it is moved that the papers accompaning the resolution be also reerred to the comcommerce. That order will be made, if there be no objection.
Skip Skip MESSAGE FROM THE HOUSE. A measure From the HoRep, by Mr; LLOYD, Chief Clerk, announced that the HoRep had passed the bill (S.No.146) or the relief of T mass 1“. Wilson, late U.S. consul at Bahia, Brazil. ENROLLED mans station. (The message further announced that the Speaker of the HoRep had signed the following enrolled bills and JtResolution; which were thereupon signed by the President J7") tempura: A bill (8. ho. 89) to issue American registers to the steam vessels Michigan, Despatcli, and William K. Muir, and for other purpose s; A bill (S.No.150) for the relic of Theo dor G. Eiswald; and A JtResolution (S.R.No. 20) for the transfer offunds appropriated for the payment of salaries in the Host Oilice Dept to the general salary account of that Dept. interstate INTRRCOURBB.
Mr. CHANDLER. I move to take up House bill No. 1], to Facilitate commercial, postal, and military communication among the several States.
Mr. JOHNSON, The Senfrom Maine who is not in his seat, [Mr. MonniLL] and has been absent on business 3 or 4 days, is very desirous of being heard on that bill. He is a member of the committee before whom the bill has been pending. I submit, therefore, to the Senfrom Michigan whether he had better not let i the upon the table until his return. I understand he will be here tomorrow or next day. A delay of a few days can make butvery little difference, I suppose, in the result of the measure one way or the other. I know that the Senfrom Maine isvery desirous of laying before the Senatethe views which he wishes to present on the subject.
Mr. CHANDLER. I should like to go on with the discussion of this bill; I do not now that we shall arrive at a vote today. I am aware that the Senfrom Maine proposes to discuss the bill; but I desire to arrive at avote as soon as possible. It has now been before the Senate for 3 successive sessions, and most of those who desire to speak on it have s oken; but I understand some, among others teSenfrom Maryland. desire to make speeches on the bill, and I should like to pross as far as possible today, and I shallpress it to a vote as earl as practicable.
Mr. JOHNSON. I was unable to hear the honorable member.
Mr. CHANDLER. I say I should like to have the discussion go on today and arrive at a vote assoon as possible. I understand there are several members prepared to make speeches now, and I desire to press fora vote at the ear liest possible moment. It has now been before the Senate, as I observed, for 3 successive sessions, all of the last Congress and the whole of this session, and I presume every member is prepared to vote upon it.
Mr. JOHNSON. I do not know certainly that is not my purpose now that I shall discuss the measure at all; but I know that the Senfrom Maine is very anxious to be heard upon the subject before a vote is taken. I am not aware that there is any other member of the Senate who repose s to debate it.
Mr. CHANDLE t. I then move that it be made the special order for one oclock on Wednesday next, the day after tomorrow that it be postponed until Wednesday at one Oclock antr made the special order.
The PRESIDENTprotempore. Thntmotion is not in order, as the bill is not yet before the Senate.
Mr. CHANDLER. I move to take it up for that purpose.
Mr. JOHNSON. I am told that the honorable Senfrom Maine is not likely to be here until Thursday.
Mr. CHANDLER. am tol he will be here on Wednesday, and therefore I will move to make it the special order for Thursday. My 1st motion is that the bill be taken up. he motion was agreed to.
Mr. CHANDLER, I now move that the bill be postponed until Thursday next at one oclock an hour.
Mr. CLARK. Iappeal to the Senfrom Michigan to let it go over a day or 2 he end that time. I know that the Senfrom aine expected to be back before this time, but he made the special order for that has been unexpectedly delayed and may be I delayed until T ursday or Friday.
Mr. CHANDLER. If he is not present, I shall consent to a further ostponcinent.
Mr. CHANDLER. Let it. be made the special order for Thursday with that understanding. The motion was agreed to. roar orricii APPROPRIATION 1mm.
Mr. SHERMAN. I move that we proceed to the consideration of the postoffice appropriation bill, with a view to dispose of the pending amendment to it.
Mr. IOWE. I suggest to the Senfrom Ohio that he let that go over until one oclock, and let us go on with a few private bills in the mean time. The motion of Mr. Snsusutzv was agreed to and the Senate resumed the consideration of the bill (H.R.No. 280) making appropriations for the service of the Post Oilice Dept during the fiscal year ending June 30, 1867, and for other purposes.
Mr. SHERMAN. e Senfrom Wisconsin appeals to me to allow this bill to go over until one oclock. I am willing to consent to have it laid aside informally until that time, as I understand there is no special order for one oclock today, but I desire to have this bill disposed of to da.
Mr. HOlgE. I should like to have the bill laid aside informally with a view to proceed to the consideration of House bill No, 472.
Mr. SHERMAN. I have no objection, as I said before, to letting the appropriation bill lie over informall until one oclock.
The PRESIDENT protempore. The bill will be laid aside by common consent until one do ock.
Mr. HENDRICKS. I think the Senfrom Ohio is mistaken; there is asecial order for one oclock g. the bill for the reief of contractors in the Navy was the special order for one oclock. It. was so made the other day, and I an sed it continued as such.
The PI ESIDENT protempore. It is in the Calendar of special orders, but does not stand assigned as asecial order for today.
Mr. HEND ICKS. It was assigned the other day as a special order, and was then sed over informally.
Mr. SHERMAN. I believe we can dispose of the postoffice bill in a short time.
Mr. CLARK. I suggest to the Senfrom Indiana that the bill to which he refers was not passed over informall, but was superseded by a previous special or er, the unfinished business of the day before, so that it has lost. its place as asecial order.
Mr. HENDRICKS. I ask the Chair if that be the effect.
The PRESIDENT proiemporc. It stands in the list of special orders but will not come up necessarily at one oclock to dai. Haviii been superseded by the unfinished usiness o a former day it stands on the Calendar among the special orders but is not to be cfiled up at one oclock as a special order, not having been assi ed for that hour today. HOWE. I understand that there is no objection to letting the PostOffice bill be laid aside. 4 i iifl tion be made thatbill will be aid aside inform ally. GEORGE B. FRANK.
Mr. HOWE. That being done, I move to proeeed to the consideration of House bill No. 472. The motion was agreed to; and the bill (H.R.No. 472) for the relief of George It. Frank, late captain in the 33rd regiment Wisconsin volunteer infantry, was considered asin ComWhole. It proposes to direct the PayMGen of the U.S. Army to settle and pay out of any mone appropriated, or hereafter to be appropriate for the Etyment of the Army, the account of George. Frank, late a captain in the 33rd regiment of Wisconsin volunteer infantry, for his services, and all allowances as captain in that r ment, in the service of the U.S., from the date of his last paymentto the time of the final muster out and payment of the regiment, the same as though he had not been mustered out as captain or the purpose of being mustered in as major or otherwise.
Skip Skip The bill was reported to the Senate without amendment, ordered to a 3rd reading, read the 3rd time, and passed. NAVY PAY DEPT.
Mr. GRIMES. I move that the Senate proceed to the consideration of House hill 0. 197, to provide for the better organization of the ay detment of the Navy.
Mr. SHERMAN. That will take considerabletime, I fear. I therefore hope the regular order Will he proceedsd with.
Mr. GRIM. If it does take time, let it come up again tomorrow in the morning hour. We can O on with it until one oclock now.
Mr. SpBMAN. I have no objection to at. The motion was eed to; and the Senate, as in ComWhole, proceeded to
The Clerk read the bill, which provides at hereafter the active list of the pay corps of the Navy shall consist of 80 paymasters, 40 passed asst paymasters, an 30 asst paymasters. l ayinasters are to be regularly prometed and commissioned from passed asst paymasters, and passed asst paymasters from asst paymasters, subject to such examinations asare required by law, and such as may be established by the SecyNav. Passed asst paymasters are to give bon sfor the faithful performance of theirduties in the sum of $15,000, and their annual pay is to be, at sea, $1.500; on other duty, $1, 400; on leave or waiting orders, $1, 200. The ComNavAffrs proposed t“o amend the bill by inserting after the words asst paymasters, ” in line 8of section one, the fo lowing words: and all passedasst paymastersauthorized by this act to eappointed who havenot heretoforebeen appointed and commissionedasasstpaymasters, and all asst. Aymnsters herebyauthorized to be appointed shall o selected from those who have servedas acting asst inymastersfor the termof 2 years and who weree igiblo to appointment in that grade when they wereappointed satin: asst mastersas aforesaid. )
Mr. GRIMES. I move to amend the amendment by striking out the words “two years” and inserting “ one year." The amendment to. the amendment was agreed to.
Mr. GRIMES. In order to make it more specific I propose, at the end of the amendment, to strike out “that” before “grade, ” a“nd insert “ the ” and after“grade” toinsert of asst paymasters;" so that the clause will read: apAplol ianntetid stuntpagan starshereby authorized to be shal c selected from those who have servedas acting asstpaymastersfor the termof one year and who were Ollfllble to s pointment in the Brads of nasiltaptpayinasters when they were appointed acting asstpayinastersas aforesaid. The amendment to the amendment was agreed to. The amendment, as amended, was agreed to.
Mr. SHERMAN. This bill, I believe, changes the n, of all the officers of the Navy. I have not time to look into it.
Mr. GRIMES. Not at all. It regulates the pay Dept, and merely createsafew more paymasters and makes a new grade of acting asst aymasters.
Mr. SHIERMAN. This, then, is not a bill to change the ay?
Mr. SHERMAN. Then I have nothing to sav about it. he bill was reported to the Senate as amended, and the amendment was concurred in. It was ordered that the amendment be c arosaed and the bill read a 3rd time. The bil was read the 3rd time and passed. WILLIAM MERGE.
Mr. ANTHONY. I move that the Senate procgetll to the consideration of Senate hill 0. 3. The motion was agreed to; and the hill (8. No. 281) for the relief of William Pierce was 4, read a 2nd time, and considered as in ComWhole. It authorizes the SecyTreasury to issue to William Pierce du ilicates of the following described bonds of the liU.S.A., Treasury Dept, for the Oregon war debt, issued by the U.S. under an act of Congress approved March 2, 1861, payable at any time after the 1st of July 1881, at the Treasury of the U.S., with interest at the rate of 6%. perannum, namely: No. 679, No. 682, No. 681, and No. 270, with coupons attached; the 1st 3 bonds being for thesnm of $100 each, and the last named being for $50, each of them being signed D. E. Chittenden, Register of the Treasury, and each of the coupons attached being signed by G. Luff; but before the issue of the new dn licate bonds William Pierce is to execute an deposit with the SecyTreasury of the U.S., to the full acceptance and satisfaction of the Treasurer, such bond of indemnity as is usually required by the regulations of the Treasury Dept for the issue of duplicate certificates of inscribed stoo.
Mr. TRUMBULL. Is there a report in this case?
Mr. ANTHONY. Yes sir. the bondswere lost by the burnin of the steamer Golden Gate. The proof of the loss is as complete as it can be, and the petitioner is to give the bond of indemnity that is usually required by the regulations of the Treasury Dept for the issue of duplicate certificates of inscribed stock.
Mr. HOWARD. What was the amount of the bonds lost?
Mr. TRUMBULL. Is this like tecase we acted upon the other do I
Mr. ANTHONY. We have passed a number of cases on the same specifications.
Mr. CLARK. The bonds are fully identified and the less well proved.
Mr. ANTHONY. he report is very short, if Senators desire to have it read, but I think it is unnecessary to read it.
Skip Skip The bill was orderengross for a 3rd Jsading, was read the 3rd time, and passe. MM. JERUSHA WITTER.
Mr. KIRKWOOD. I ask the Senate to take up for consideration Senate bill NO. 276. The motion was agreed to; and the hill (8. No. 276) for the relicfof Mrs. Jerusha Witter, was read a 2nd time and considered as in ComWhole. It directs the SecyInterior to place the name of Mrs. Jerusha Witter, widow of Dr. Amos Witter, late surgeon of the 7th regiment Iowa infantry volunteers, on the pension roll, at the rate of 25 dollars permonth, to commence from the date of her application for a pension, and to continue during her widow OO.
Skip Skip The bill was reported to the Senate without amendment, orderengross (bi “a3rd reading, read the 3rd time, and passed. Posr OFFICE APPROPRIATION BILL.
Mr. SHERMAN. I now call for the regular order. ].heSenate resumed the consideration of the bill (H.R.No. 280) making appropriations for the service of the Post Othee Dept during the fiscal year ending the 80th of June, 1867, and for other purposes, the endin question bein on the amendment O
Mr. ENDERBON to a d the followmg as an additional section: i nSwEhCi.c hp.Aenrsdonbseft Abife: That in all cases have been appointed either during tahsesisrteaenets psoosrtmdausritnegrsotrhoethseerss civil officers Suenndaeter.thaes Government whose appointments require the consent of the Senate and whoseappointments, having been submitted to the Senate. have beenrejected or not consentedto beforethe adjournment thereof, no lnoncy shall be drawn from the Treasury, or used from any fund or appropriation madeor created by law. to pay the salaries of such DONORS under such appomtments, or under any previous:1 pnintmeat to the same ohice, for services rendere after said adjournment and if any such person shall after such ubourn ent, be appointed to the same office, no moneysha I be drawn or usedas aforesaid to pay his salaryuntil his appointmentshall have beencon sentedto by the Senate at its succeeding session.
Mr. HENDERSON. No, sir. He suggested something of the sort.
Mr. JOHNSON. He suggested it and you adopted it. So far as the utter part of the amendment is concerned, it goes to this extent, that the President has no authority to appoint to the same office anyone whose nomination has been rejected by the Senate. That has been done from time immemorial, and nobody has ever questioned the authority to appoint. There is nothing in the Constitution which limits the power of the President to appoint whoever he pleases. You may by law, perhaps, provide by way of punishment in certain cases that no one shall be appointed to office; but in the absence of any )articular law excluding any particular man from the right to hold an office if he is appointed, the residents authority is just as absolute to appoint in a case where his nomination of the same man has been rejected as it is in the 1st instance to appoint him originally. I do not think I can be mistaken as to this. Whether the President should a point is quite auother matter; whether he should not show that respect to the Senate of not actin in relation to an appointment of this description which the Senate have refused to advise is an entirely different inquiry.
Mr. SUMNER. Whose opinion is that?, jection. l
Mr. JOHNSON. Mr. Wirts, and the same opinion has been given by several others. He comes to this conclusion: “The constructionwhich I prefer is perfectlyinno cent. It cannot possiblyproiluca mise hief without imputing to the President a degreeof fur itude entirely inconsistentwith the character which his office implies.aswcll aswith the hiirh ros pnsibility and short tenure annexedto that officc, while at the same time it insures to the public the accomplishment of the object to which the Constitution so sedulnusly looks thattheofficese onnectedwith their peaceand safetybe regularly filled." That is to say, filled at all times. The honorable member from Illinois, therefore, perhaps, (certaiul, if this construction given to the clause by Mr. Wirt is the correct one) is in error in supposing that a vacancy which exists during the recess of the Senate may not be filled y the President during the subsequent recess of the body. Butif the honorable member is right, the amendment which he proposes to this bill, and which the member from missourihas adopted, would still be liable to ob The uniform decision of the office has been that appointments made by the president during the recess, as to the authority to make which there of course can be no doubt, for it is communicatedto him in express words, are to continue until the termination of the next snce cedin session of the Senate. The commission which is given to an officer apointed during the recess is a commission which by its terms is not to expire until the termination of the next succeeding session of the Senate; and it has been held that it does continue until the termination of the next session of the Senate, although the nomination of the same man has been submitted to the Senate and has been rejected by the Senate. That has been the uniform construction of the GOvernment, never, as I believe, questioned. Then what is the result?
Mr. TRUMBULL. I do not know that the Senfrom Maryland was on the ComJudiciary at the time; but this subject was brought before that committee at a previous session, and very elaborately considered. All these opinions of the Attorneys General which have been given in favor of executive prerog ative were examined and reviewed; and the committee unanimously reported on this branch of the subject, that the vacancy must begin to existdnring the recess of the Senate to authorize the President to fill it. It is no new question.
Mr. JOHNSON. The honorable member did not hear me. That does not affect the question I am now considering. I answer, whatever may have been the opinion of the ComJudiciary, by saying that
Mr. Wirt, in 1823, gave the opinion which I have just. read, and that other Attorneys General since, to whom the question has been submitted, have given the same opinion. But whatI said just now, when I was interrupted by the honorable member, was, that the particular construction to which I was their adverting had never been called inquestion, and had never been before the ComJudiciary; and it presents the question, how long does a commission issued to a party a pointed by the President during the recess, when there is no doubt of his authority to appoint, continue? It continues, according to the uniform construction of the executive, and, so far as I am advised, never questioned by any Dept of the Governmen until the last day of the succeeding session of the Senate.
Mr. HOWARD. That is the exact language of the Constitution.
Mr. SHERMAN: I am generally indisposed to 1 State on general to tea on an appropriation ill; but is amendment of the Senfrom Missouricontains 2 propositions which, I think, are simply declaratory of the existing law; and, to avoid all doubt, they may aswell be inserted here. The 1st proposition declares that if a person who has been a pointed during the recess of the Senate, or during the session of the Senate, shall continue to hold his office after the adjournment of the Senate, when he has been rejected by the Senate, he shall not draw an pay therefor. That is a proposition so plain that I thinkthere can be no controversy about it. lfa person is appointed during the recess of the Senoe his othee certainly terminates at the adjournment of the Senate. Is there any doubt about that?
Mr. SHERMAN. Then should he receive any pay for services rendered after the adjournment of the Senate? That is the question. say he should not; and the 1st reposition contained in this amendment sim l)y provides that if he continues to discharge the uties of the office after the adjournment of the Senate he shall not be paid for that work and labor done by him. That is a very clear proposition, that after his officeterminates he should not discharge the duties of the office, and especi ally should not draw asalary from the Treasurv. The 2nd proposition is almost as clear, in my mind, that where the Senate has rejecteda particular appointment and the President undertakes to appoint that same person again to the same office, in the face of the rejection by the Senate, that person shall not draw his pay, from any appropriation from the Treasury, until the nomination has been again submitted to the Senate, and has been approvedand ratified by it. It seems to me that that is the plain spirit of the Constitution. The Presidentought not to appoint a person who has been once rejected by the Senate. unless for clear and manifest reasons, and if those reasons are so clear and manifest they should be submitted to the Senate and the Senate would no doubt over rule its previous rejection of the nominee, and the incumbent ought to hold his office subject to that power of the Senate to reject the nomi nation.
Mr. JOHNSON. Suppose he is rejected on the last day of the session?
Mr. SHERMAN. Very well, then, if he is reappointed his salary ought to be suspende until the Senate have an opportunity to reconsider its rejection. The rejection of the Senate ought at least to have sufficient effect to prevent that person from holding office or drawing pay for such services in that office. That seems to me to be very plain. If, as the Senfrom Missouriseems to think, there is danger that the President will, against the rejection of the Senate, appoint the same man to that office, I say that person ought not to receive money from the Treasury until the reappointment is submitted to the Senate and approved by it. With that view, I think, the amendment is carefully worded and will accomplish the purpose.
Mr. Tancy says, otherwise the Government would cease; and, contrary to the expressed opinion of the Senfrom Illinois, it has been held, notwithstanding the intervening session of the Senate, that after an appointment has been made, and the Senate has failed to act upon it, at the close of that session there is a vacancy again, and the President may appoint. There is no such constitutional provision. This is merely the construction given by the respective Attorneys General; that is, that a vacancy again occurs, and the Senfrom Maryland says that, according to the opinions heretofore given, if a vacancy exists immediately after the adjournment of the Senate, the President can appoint whom he pleases. Very good;I will not take issue with the Senator on that subject the President may appoint whom he pleases; If only ask the Senate to say that if he does appoint the same individual, that individual shall not be paid; that we will appropriate no money whatever and give him fair notice of that fact, for the payment of his salary. That seems to me to be butjust. The Senator says the President may appoint whom he pleases, and if we undertake to interfere with that right, we are trespassing on the constitutional right of the executive Dept. That is the position. Suppose that war exists, and Congress refuses to grant appropriations to carry it on; suppose we declare that a certain individual is not a citizen of the U.S. by an act of conrcss, and the President appoints such an individual, are we bound to pay him? It is very true that the President may appoint; but suppose that the President appoints to a civil office in my State a man who has been convicted of treason, if you please. Under the act which we passed in 1862, he is disqualified from holding office. Let me ask the Senfrom Maryland, if the President appoints such an individual, are we bound to appropriate money to a him? Mr.JO NSON. No. appoint him.
Mr. HENDERSON. Why has he no right to appoint him? simply by virtue of the operations of an act of ougress. Then cannot we legitimately pass an act of Congress without a conviction of the individual, declaring that if such and such a person shall be renom inated he shall not be paid I I cannot think for a moment that such a power is not lodged in Congress. I cannot realize the fact for a moment that avalid objection can be presented to the amendment. I have given careful attention to all the opinions that have been delivered on this subject, and I do not think that the amendment conflicts in any degree whatever with these opinions. I desire, while I am up, to amend the amendment in the 2nd line by inserting after the word “ been, ” the words “or shallbe, ” so as to make it apply to the future as well as the past. It was a mere oversight of mine that those words were omitted.
Mr. HENDERSON. In this way: That in all casesin which persons have been or shall be appointedduring the recessor sessionof the Senate, fire. It will make it a ply in its provisions to the future as well asto t ic past. Idesire also to add several words in the 12th line of the amendment. so as to obviate an objection that may be presented. I believe no such objection has been presented, but I can see very well that if He has no right to the appointment shall be made.at the very last days oi2 the session of the Senate, and the senate adjourn without acting uion it, as suggested to me by the Senfrom Illinois, some very serious difficulties may arise from he fact that notice has not been communicate to the officer. He may hold on for a month before he really knows that the Senate has reiected his appointment; hence some specific term should be stated within which the salary may continue to be paid after the adjournment of the senate,a.nd be 0nd that time it ought notto be d. I will therefore modify my amendment y inserting alter the word “rendered” in the 12th line, the words “after the expiration of 30 days.” That will give ample time for notice to be sent to any part of the U.S. that the Senate has rejected a nomination, and we shall pay him no salary from the e irntion of 30 days from the adjournment. x
Mr. JOHNSON. Are those the cal mod ifications that ou proone to the amendment?
The PRESIDENT protempore. The mod ifientions named by the Senfrom Missouri to his ameiidment willbe made, the amendment bein under his own control as yet.
Mr. JOHNSON. I do not propose to argue the question again; but I an and to the honorable member from Missouri, and to the member from Ohio, the actin chairman of the ComFinance, whether if this provision is to pass at all it ought not to be still further modified. The latter part of the amendment says that if any such person, that is, if any person whose nomination has been reected or upon whose nomination the Senate are not acted, is again appointed to the same office by the President, heis not to be paid. That applies to the 2 cases of a nomination. rejecte, and a nomination not acted on. Suppose a nomination comes in a day or 2 before or the very day the Senate adjourns, or suppose the Senate without any good reason, fer want of time, fails to act, or is unwilling to act, it would rather the matter should go over, as has frequentl been done, is it necessary, in order to not against any possible mise hief which cond result from leaving the President the power to a point, to attempt to take from him indirectly the power to appoint by providing that the appomtee shall not receive his salary? The vacancy may occur the day before, or the very day the Senate is about to adjourn, and he nominates; you cannot act upon it; you adjournis the office to remain vacant during the whole time that may intervene between the time of the adjournment and the time of the mectin of the next session?
Mr. DO LITTLE. I beg to suggest to the Senfrom maryland another case. suppose a person in O cc should die on the da the Senate adjourns, and no information is received by the President or by Congress, and therefore there could be no action either by the President or Congress, it is still a vacancy during the session of the Senate, but the president cannot fill the vacancy.
Mr. HENDERSON. This amendmentonly applies to the appointment of the same person who has once been reccted.
Mr. JOHNSON. am speaking now, not ofyour amendment, but of the doctrine held by the Senfrom Illinois. Now, the particular inconvenience, and it seems to me, the gross injustice, of aprovision of that sort would e avoided by striking out, if the amendment is to be passed at all, in the 7th line the words “ or not consented to before the adjournment thereof.” It would then read: and whose appointments having been submitted to the Senatehave beenrejected, no money shall be drawn from the Treasury, due. I agree with the Senfrom Ohio that he has no right, under the original appointment of the President, to continue in office after the adjournment, because his commission expires with the adjournment; but. the next clause of the amendment deprives the President of the authority torea oint him. If the words which I have just be stricken out, the power to reappoint would apply only to those whose nominations have not been acted upon, denying the power to point those whose nominations have been rejected. I so use that will answer the purpose the honoragie member has in view.
Mr. HENDERSON. I do not know that I have any serious objection to the modification suggested by the Senator, provided he will make the amendment at the end of line 12 instead of the 7th line. I will insert the words “ so rejected by the Senate, ” at the end of the 12th line, so that it will read: 6. if any such person so rejectedby the Senate film after such adjournment be appointbd to the sameoffice, no moneyshall be drawn, do.
The PRESIDENT protempor c. That mod ification will be mind: as suggested by the Senator.
Mr. GUTHRIE. I feel very much indisposed to vote for this amendment in an shape in which it has been put or is likel to 9 put. The Constitution, which invests e nomination and the appointment in the President, has provided for vacancies which may occur during the recess. The framers of the Constitution knew that this Government in all its branches would require officers necessarily in the different localities to carry it out, and they knew that vacancies would occur when Congress was not in session and when the advice of the senate could not be taken, and they provided that those vacancies should be fined, and they allowed no restrictionu n the President in the selection of the individuals todo it. Now, I think in order that the Government may be car ried onand the laws faithfully executed, this provision for appointments during the reccs of the Senate was a wise provision and should receive a liberal and fair construction, so that we shall not fail in having officers. In the best light in which this prosition can be put, it is only restricting the resident in the apointment of particular individuals. I can no erstand why the gentleman wants to kee a man who has been rejected by the Senate from receiving pay; but I cannot understand why he should wish to deny pay to the man on whose nomination the Senate have not had time to act, or whom they were not willing1 to take the responsibility of rejecting, and t us allowed it to go over. It is proposed to restrict the President from appointing him, and to declare that he shall depend upon the will of the Senate at the next session O Congress. I am satisfied there is no nst reason for de priving any individual who ins been nominate to the Senate for an office, and the have not acted upon the nomination, and be filled the office and discharged the dut, of his lpa. H
Mr. SHERMAN. I will state to the Senator that that has been modified so as to confine it only to cases where the officer has been actu all rejected by theSenate.
Mr. GUTHRIE. When I read the amendment it was the other way.
Mr. HENDERSON. I have modified it in that respect.
Mr. GUTHRIE. It was liable to the objection, and the whole proposition is distasteful to me, because it strilies at individuals instead of striking ataprinciples. The individuals who are appointe are not to be paid, though they fill the offices and it is within the power of the President, and he is bound to see that these offices are filled, so that the public service may be discharged by competent individuals. It is his duty to do so, and yet by this provision you attempt to restrain iim in the ise harge of that duty by selecting certain persons and sayin if the are up oiiited they shall not be paid or discurging the duty of the offices. I think we have no right to curtail his power in the premises, and I think we ought not to set the example of thus eneroaching upon the Presidents prerogative of appointment. It looks to me as if we were beginning to make a little war on his appointments before they are made. I do not think that is becoming the Senate. I shall therefore vote against. the amendment in all its shapes.
Mr. COWv Is he not agood postmaster until the end of the session, even though his name should never be sent in and somebody elses should be sent in?
Mr. TRUMBULL. It is not an appointment at all. It is a person acting in that place by Virtue of the power vested in the Constitution.
Mr. CORAN. The word “fill” is used instead of “a point."
Mr. TRUMIiULL. Yes, sir; and there is some meaning in that; there was a reason for thati but the Attorneys General say that the President may fill any vacancy that exists dur in" the recess of the Senate.
Mr. HOWE. You say the vacancy hap pened by the removal of Mr. Stockton.
Mr. lllUMBULL. Yesand I say, does anybody contend that the ICxecutive of the State has nuthorit to fill that vacancy?
Mr. TRUMBULL. It is well settled the other way; and I did not suppose that anybody held that doctrine. It has been decided, I do not know how many times, but a number of times, where the question has been brou lit a in the Senate, an it has always been decided that the Executive cannot appoint a Senator to fill a vacancy which existed while the Legislature was in session. i
Mr. SUMNER. There is another element in the NewJersey case.
Mr. HOWE. The Senator will allpw me to explain. The question upon which he and I would differ, I presume, is whether the existing vacancy was occasioned by the displacement of Mr. Stockton. My own impression is that the vacancy which exists is a vacancy which occurred by the expiration of the term of Mr. TenEyck. If that occurred during the session of the Legislature, the Governor cannot appoint, but if it occurred during the recess
Mr. TRUMBULL. But there has been an intervening session of the Legislature, if it did occur during the recess.
Mr. H0 E. That vacancy we have decided never has been filled.
Mr. GUTHRIE. The Senator will permit me. I did not charge it as any attack upon the President. I charged it as an attack upon some people who had been nominated before this body and have been reccted or are likely to be rejected or not acte upon.
Mr. TRUMBULL. Do I understand the Senfrom Pennsylvania to say that he can do that when we are in session?
Mr. TRUMBULL. Well, sir, I undertake to say that there is not an instance in the history of the Government where ever an attempt was made to do it. Nobody ever pretended that it could be done, and there is not an instance of its having been done in the history of the Government. I venture to say that where a death occurs while the Senate is in session the othee cannot be filled in an way until the President nominates to this be y and we advise and consent to the nomination. I undertake to say it has never been done, and no President has ever attempted to do it.
Mr. COWAN. What is to become of the O ffice in the mean time?
Mr. TRUMBULL. The office is vacant until the President nominates, and by and with the advice and consent of the Senate appoints, some one to fill it. There is no pretense of any authority in the Constitution for the president to appoint a man to an office while the Senate is in session; that is, to an office that requires the advice and consent of the Senate; I am not speaking ofinferior Officers whom the law has authorized the President to appoint without the advice and consent of the Senate. There is no pretense that he can do it, and during the 9 months we are in session if a judge of a court, ita postmaster, il a receiver of public lands. if any officer dies or resigns the office is necessarily vacant until by the advice and consent of the Senate some person is apointed to fill that place. Mr. HENDHICKS. For my personal sate isfaction I wish to ask the Senator if we have got to stay here 9 months this session. There 18an anxious inquiry about the time when we are likely to adjourn. The Senator suggests 9 months, and I want to know if that is the time we are to stay here.
Mr. TRUMBULL. We have sometimes staid here 9 months. Iwas speaking of a hypothetical case; I supposed an instance of the postmaster in Washington (1ing. 1 hope he is to live many years, and I hope that we may have no occasion to confirm anybody to fill the office in consequence of his death, either during this or any subsequent session as long as the Senfrom Indiana and myself may be here. I spoke of what would have to be done in consequence of his decease. But the Senator is we l aware that sessions of congress do sometimes last 9 months. The 1st session of Congress in which I had the honor to serve did not adjourn, I think, until Sep tember, and we had met in the December previons.
Mr. HENDERSON. With the Senators permission I will state that his whole argument, although of course it is in support of the reposition, goes much further than I preten to go. 1 may concur with him in many of the positions taken by him, but I have drawn the amendment with a view to the opinions of the Attorneys General, taking it for granted that they were the law. l concur with him in many of the points made rather than with the Attorneys General, but he is mistaken when he supposes that no opinion has ever been iveu to the point that w are the President lls a vacancy during the recess of the Senate and l the Senate adjourns without having acted upon it the President cannot thereafter till it.
Mr. HENDERSON. Thenl misunderstood the Senator.
Mr. TRUMBULL. I said that while the Senate was in session if a vacanc occurred it had never been pretended that the president could fill by appointment that vacancy without the advice an consent of the Senate while we were in session.
Mr. TRUMBULL. Even temporarily; and Iinstanced a case. Suppose today that the postmaster in Washm ton city were to die; I undertook to say that the president would have no authority temporarily to appoint a successor without the advice and consent of the Senate while we are here, and nobody ever contended that he would.
Mr. HENDERSON. I am not awareof any opinion on that point, and I agree with the Senator in regard to it as a nestion of law.
Mr. TRUMBULL. The constitution is very clear. The President has no authority to fill an Office that becomes vacant during the session of the Senate. It is only when the vacancy hap pens during the recess that he can give a tem porary commission; andityou construe those words, as the Attorneys General have done, to mean a vacancy existing during the recess, you cannot by possibility extend them, as I say, by any legitimate construction, to a vacancy which occurs while the Senate is in session; and hence we have provided in our laws for cases of this kind, by providing that the chief clerk, or some designated o the cr, shall take charge of the papers, and perform the duties until an appointment is made. That is some times done when a vacancy happens during the recess. I think the collector in the city of NewYork died during the recess of Congress, and by a provision of our law some person in that office I think Without appointment, but I am not sure as to that point; an appointment may have been made there took charge of the office for the time being. There is a case of the same kind in the city of Chicago.
Mr. Haven, the collector of that port, died since Congress assembled. One of the officers under him as cashier or chief clerk
Mr. COWAN. Usually the surveyor of the ort. p
Mr. TRUMBULL. Ithiuk not the surveyor of the port, but some person connected with the Office has been discharging the duties for several weeks. That is a revision to guard against this very difficulty. but the President has not appointed that person collector, nor issued any commission to him.
Mr. MORGAN. He did in the case in NewYork.
Mr. TRUMBULL. Mr. King died during the recess, and the President had authority to appoint in that case. This, then, I think is a perfect answer to the suggestion made by the I Senfrom Wisconsin. He supposed the case of an officer dying on the last day of the session of the Senate, and, before we had any information of it, the Senate adjourned; and then, said he, the President, accordinv to this construction, could not fill that place. answer to that, if on the 1st Monday of December, when we meet here, an officer dies, the President cannot fill that place without our advice and consent until we adjourn, and I say he cannot do it then. I say the vacancy happened during the session of the Senate, and not during its recess and he can never fill it except by the advice and consent of the Senate. I did not mean to take u so much time in arguing this proposition. am aware that it goes further than the Senfrom Missourihas provided, and I am for going further if it is necessary; I am for providing that no man shall receive compensation in any shape or form out. of the money of the people for exercising the duties of an olhcc to which he has no constitutional right.
Mr. HOWE. Mr. President, I did not intend to say aword in this discussion, and if I had not spoken out of meeting I should not be called upon to do so. I did remark, intending it as a side remark to the Senfrom Illinois, that I held that it the vacancy which existed in the representation from NewJersey was not occasioned by the displacement of Mr. Stockton, it might be filled by the Governor of NewJersey. I am not called upon to defend that proposition, not having very well considered it. The Senator, however, quoted me as making the statement, and I will say now that I do hold that the vacancy which exists in the representation of the State of NewJersey here is a vacancy which happened, not in consequence of the vote of the Senate upon the right of Mr. Stockton, but happened by the exiration of the term of service of Mr. Ien yck the last Senator chosen by the Legislature of that State to sit in this body. How the factia whether that term exired during the recess of her Legislaturc, or during the term of the sitting of the Legislature I do not know. I supposed it happened during the sitting of the Legislature, and ) therefore was a vacancy to be filled by the Legislature, and not by the appointment of the Governor; but if it hap pened during the recess of the Legislature, I think it is a vacancy to be filled by the governor, and that his authority to fill it is not abrogated by the fact that a session of the Legislature as intervened, inasmuch as that Legislature did not fill the vacancy. I have not examined the question at any length, and therefore am not prepared to argue it.
Mr. EDMUNDS. I wish to call the attention of the Senate, andof m friendfrom wisconsin, to the case of Mr. helps, a Senfrom Vermont in 1853. A vacancy in the Representation from Vermont occurred by the death of Mr. Upliam. Mr. Phelps was appointed by the Governor to fill the vacancy; and the Legislature at its next session, on a political contest, failed to agree upon any person to [ill the unex pired term. Mr. Phelps again took his seat in the Senate in the December following December, 1853 and the question arose as to whether the appointment of the Governor had expired, or whether the Governor had further power, and it was decided after full debate and not upon politicalgrounds, as the Senate was divided irrespective o polities upon the question, by a vote of 26 to 12., that Mr. Phelps was not cu titled, underthe apoiutment of the Governor, to sit. I believe that has been followed since.
Mr. HOWE. I was not aware of any decision on the point. The opinion which I submitted to the Senfrom Illinois was an of hand opinion. The language of the Constitution its iat “ if vacancies happen by resignation or otherwise, during the recess of the Legislature of any State, ” which I understand was the e“ase in Vermont in the instance alluded to, the Executive thereof may make temporary appointments until the next nieetin of the Legislature, which shall then fill sue vacancies.” I suppose the decision alluded to by the Senfrom Vermont turned upon the crate of this last. clause of the section: and it may be correct. My own opinion was that if it was a vacancy that happened in any way during the recess of the Legislature, it was a vacancy to be filled by the Executive, and to be kept filled by the Executive until the Legislature shall have discharged the duty impos upon it here. If the decision of the Senate has been to the contrary, I am rather inclined to believe that the decision of the Senate will stand, and that my mm o inion will be overruled. Now,
Mr. HOWARD. I do not know, Mr. president, whether I perfectly understand the provisions of this amendment. I beg leave to call the attention of the Senfrom Missourito it. The amendment speaks of "all cases in which persons have been appointed during the recess or during the session of the Senate as asst postmaster or other civil officer under the Government, ” &c. Does he intend tosay that where there has been a regular commission issued to fill a vacancy that occurred during the recess of those nzite no money shall be paid in compenssdion for services rendered under that commission in any case?
Mr. HENDERSON. No. I mean to permit the appointment to hold good until the adjournment of the succeeding session of the Senate; and after the last day of the succeeding session of the Senate I propose that he shall not be aid. The Senator will see, by reading the whole clause, that I submit to the opinions of the Attorneys General, who hold that appointments made under such circumstances are good. Of course, in some cases, the cases alluded to in the Constitution itself, there will be no doubt; but the Attomeys General have carried that doctrine much further; and 1 submitted to their opinions in the ab sence of the very able opinion that the Senator himself has given on the subject, for I really did not have time to examine it, and was not aware that:i report had been made until the other day; and have not had time to examine it since. I submitted to the opinions of the Attornc s General, and only carried it to the extent that I thought we properly could go in accordance with those opinions. The Senate will see that it only proposes to deny the sal ary after an adjournment of the Senate. I afterward inserted “after the expiration of 30 day s;” and when the Senfrom Indiana proposed an amendment in the 12th line I made another modification. If the Senfrom Michigan will permit me now to do so, I ask to withdraw the words “after the expiration of 30 days, ” because they are unnecessary now, since I submitted to the amendment suggested by the Senfrom Maryland on the same subject.
The PRESIDENTpro iempore. The amendment is in the power of the mover, and those words will be stricken out.
Mr. HOWARD. I ask, then, that the amendment be read as it now stands.
The Secretary read it, as follows: and be“ Abife: That in all casesin which ipgrstohn eshraeveeesbseenor shall be appointed cither dor or session of the Senate. as assist nnt postmasteror other civil officer under the government. whose appointments require the consent of the Senate, and whose appointments having been submitted to the Senate have been rejected or not consented to before the adjournment thercof, no moncy shall be drawn from the Treasury or used from any fund or appropriation made or created h law to pay the salaries of such persons under such appointments, or under any previous nipoiutinent to the same office.for services renderer after said adjournment and if any such personso reiccted by the Senateshall after such adjournmentbe appointed to the same office, no moneyshall be drawn or used as aforesaidto pay his salary until his appointment shall have been consented to by the Senate at its succeedingsession.
Mr. SUMNER. It seems to me, Mr. President. that ifthe question were now about forming the Constitution, and we were to consider where this power should be lodged, much of the argument of the Senfrom Maryland would be very applicable; it would certainly be entitled to very great consideration, but he will allow me to say that he seems rather to have addressed himself to what in his opinion ought to be the Constitution than to what the Constitution is. Now, sir, I prefer to call the attention of the Senator precisel to what the Constitution is. I therefore, i the Senator will pardon me, at aside his very elaborate disquisition on the inconvenience that may ensue if We do not adopt his view. Even as suming thatall that inconvenience might ensue, with regard to which the Senator will pardon me if I express great doubt, he will allow me to say that that cannot be an excuse to us for setting aside the text of the Constitution. There is the instrument. The Senator has noted the words; he will pardon me ifI quote em: " The President shall havepowertofill n all vacan cia that may happen during the rcccssoft cSenate." Are not the words lain?
Mr. SUMNER. The Senator says that is a question, but I at it, are not the words plain?
Mr. JOHNSSN. If the Senator wants me to answer his question, I should say no.
Mr. JOHhSON. Does he say “may have happened?”
Mr. JOHNSON. That is not the precise iimSQ
Mr. SUMNER. It is not, but is as he quotes it. The Senator will see that the meaning must be the same, though the quotation may not be strictl accurate. There 18no difference which disturbs the sense. “Tho terms, which may have hap cued, serve to confirm this construction. Theyimp casualty, and denotesuch as having beenonce fill have become vacant by accidental circumstances." Then he oes on; and now I must have the attention of the Senator: “It is clear that independently of the authority of aspecial luw the President cannot fill avacancythat happens during the sesstonof the Senate." That will be found in the 5th volume of Hamiltons Works, page 258. Now, sir, I adduce that as authority in rely to the authority adduced by my honorable friendfrom Maryland; for he himself, from his ver argument, I think, showed us that, indepen cut of authorit, he must be with us in our interpretation of this language. I do not doubt that if I could carr my friend back of William Wirt, and put imface to face with this text, he would join with Hamilton, and, as I have already said, with the reason of the case in givigg the same signification to this text which we 0.
Mr. TRUMBULL. I move as an addition to the amendment now pending the following: "That no person exercising or performing the duties of any office which by law is reaired to be filled by the advice and consent of the caste, shall till he is confirmed by the Senate, receive any salary or compensation for his services unless he be commissioned by the President to fill up a vacaney which has begun to exist during the recessof the Senate and since its last adjournment.
Mr. SHERMAN. There is, it is manifest a difference of opinion upon the question of the ending amendment between members of the Senate. This amendment would be just as properand just as effective offered as an amendment to any of the appropriation bills. It is more pertinent to the legislative bill or the general civil appropriation bill than it is to this appropriation bi l. It is a subject that has already excited some discussion and elicited some difference of o inion. Now, rather than choose between the amendment offered by the Senfrom Illinois and that offered by the Senfrom Missouri, I suggest to the Senate whether it would not be etter to let this subject drop now and let a well considered proposition be submitted as an amendment to one of the other appropriation bills. We must make some p ress with the various appropriation bills. This amendment may just as well be considered at alater stage. For us now to choose between these different propositions would be to prolong the discussion; and I think we had betterlet both of the amendments drop and pass this bill and let the amendment be acpopnrsoi preiaretidonat some future stage of our session. I make this suggestion merel to expedite the business of the Senate, for I do think we ought to pass this bill today for we have a special order tomorrow and there are other important appropriation hills behind. I did hepe that this a moon we could be able to take up the Army appropriation bill and make some prog ress with it, but I have already despaired of that. I hope the suggestion I now make will be adopted.
Mr. COWAN. Mr. President, I agree entirely with the Senfrom Ohio. I have considered the law as pretty well settled, and it had better remain as it is. If it is to be determined by this body, if we are to make a rule on the subject, we should take a little more time for it! consideratirn than we can on an amendment springing up in this way. I do not see that there is any necessity for determinin the matter just at the present time.
Mr.WILSON. I move that the Senate proceed to the consideration of executive business.
Mr. SHERMAN. I hope that we may get rid of this appropriation bill. This question may come just as well on some other appropriation bill.
Mr. WILSON. If the Senator withdraws the amendment we can do that.
The PRESIDENT protempore. Does the Senfrom Massachusetts withdraw his motion for an executive session?
Mr. WILSON. The amendment proposed by the Senfrom Illinois will require some further examination and discussion, and if it is to be pressed I certainly think we had better not attempt to pass the bill today. We had better let it O over and reflect upon it.
Mr. HEN person. I have no objection to that course. I have another amendment that I propose to offer to this bill, and perhaps it is an amendment that ought to be printed and that Senators would like to consider. do not desire to put myself in the way of the passage of the appropriation bills. If it is absolutely necessary, if the public service requires that the bil should be passed imme diately, I shall not stand in the
Mr. TRUMBULL. It is a bilwl aloyr. the next fiscal year, and will not go into effect until July next.
Mr. HENDERSON. That is what I supposed, and therefore it is not at all necessary that it should be hurried throu himmediately. I desire to offer another amendment, to insert the following as an additional section: Sac. Abife: that in all cases in which the incumbentsof civil odiecs shall be permitted to perform the dutiesof their respectiveo ces after their successors shall have beenap ointed and confirmed by the Senate and after sue successors shall have offeredto qualify asprovided by law, such incumbents shall nntho paid anysalary or othercoin pensationmor shall theybe permitted to receiveany emoluments of office for services rendered after the expiration of 30 days after the adjournment of the session of the Senate at which the appointment of their successors may be confirmed.
The PRESIDENT protempore. the question now is on the amendment offered by the Senfrom Illinoisto the amendment of the Senfrom Missouri.
Mr. HENDERSON. I askthat the amendment which I have just read may be printed.
The PRESIDENT protempore. It can only be received by unanimous consent. The Chair hearsnoobjection. the amendmentisreceived, and the order to print will be entered.
Mr. TRUMBI. Is. That order to print, I resume, will also include the amendment that offered.
Mr. CONNESS. I also propose offering an amendment, and I may as well offer it at this time. It is to come in at the end of the 1st section.
Mr. WADE. I also offer an amendment, to be added as an additional section, with a view to have it printed when the bill comes up again. EXECUTIVE SESSION.
Mr. WILSON. I renew the motion for an executive session. The motion was agreed to, and the Senate proceeded to the consideration of executive usiness; and, after some time spent therein, the doors were reopened, and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. Meson, April 23, 1866. The House met at 12 oclock in. Prayer by Rev. Gsonos F. Mucous, President of Iowa College. The Journal of Saturday last was read and apprhoeveSd.PEAKER stated as the regular order of business the calling of the committees fbr reports to go upon the Calendar, and notto be brought back into the House on a motion to reconsider, commencing with the ComElections. No reports were made. EIGHT HOUR SYSTEM. TheSPEAKER. The next business in order is the calling of the States and Territories for resolutions, the iending question being upon the resolution O cred on Mouda last by the Gentfrom Illinois, [Mr. NGEBSOLL] On the demand for the previous question on Monday, no quorum voted. A motion to lay the resolution on the table was 10st, and the question now recurs on 2nding the demand or the previous question.
The Clerk read resolution was read, as follows: Whereas it is one of the paramount duties of all legislative bodies to lighten as much as possiblethe burdens resting upon the lflbOllHK classes and promote the generalwelfare: Therefore, Be it resolvedby the HoRep That the ComDistCol be instructed to inquire into the expediencyof establishing bylaw the 8 hour system.as it is called. as constituting ada swork in the DistCol and that am committeobe authorizedto report by bill or otherWise.
Mr. KUYKENDALL. I see my colleague is not in can it be informally laid over?
The SPEAKER. It can be done by unanimous consent.
Mr. WENTWORTH. I object. There are other resolutions to be offere; I want to get several in.
Mr. KUYKENDALL. If the previous question is not 2nded, will the resolution go over?
The SPEAKER. It would not under the rule.
Mr. HARDING, of Illinois. I propose to debate the resolution.
The SPEAKER. This is not the day of its introduction; therefore rising to debate it does not carry it over.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the resolution was agreed to. svusrso SESSION ON Tussnav.
Mr. BIDWELL offered the following resolution; which was read, considered, and agreed to: Howler H, That the House will hold a sessiontomorrow (Tuesday)evening. the 24th, commencingat half past 7 oclock. for the purpose of hearing reports from the ComPacRailroad.
Mr. PRICE. I move to reconsider the vote by which the House agreed to the resolution; and to lay that motion on the table. The question having been put on laying the motion on the table, no quorum voted.
Mr. WASHBURNE. of Illinois. I ask the Gentfrom California [Mr. BiDWELL] what particular object he has in holding a session tomorrow evening.
Mr. PRICE. I will answer that question. The ComPacificRR has not been called for 2 months, and from the course of business it will be 2 months longer before it will be called. Some members will have to be absent in a few days, and the committee are very desirous of making a report.
Mr. WASHBURNE, of Illinois. Do the committee want an evening session for the purpose of passing their bills?
Mr. PRICE. For the purpose of acting upon them.
Mr. WASHBURNE, of Illinois. I consider these Pacific railroad bills as most important, nting as they do some 60 million dollars, and I trust that this House will not consider them in an evening session. There is no necessity for evenin sessions now. The House is far ahead of the Senate, and I trust we will consider this matter only when the committee is called order for reports.
Mr. CONKLING. oes the resolution admit the construction that action is to be taken on the bill tomorrow night?
The SPEAKER. The Clerk will read the resolution. The resolution was again read.
Mr. CONKLING. Now, I ask the Chair whether the proper construction of that resolution is that a bill may be put upon its passage when reported tomorrow evening.
The SPEAKER. It may, under the rule, as found in the did est, which states that consent to report a bil carries with it the right to consider the bill.
Mr. CONKLING. I understand that; yet I should think that leave being asked to hear reports of a committee hardly conveyed to the House fairly the idea that we were to be called on to vote on the passage of the bills when reported.
Mr. STEVENS. I do not so understand it now. I understand the Gentfrom Iowa [Mr. PRICE] to have meant nothing more than to bring these bills before the House and have them postponed until a propertime for consid oration.
Mr. PRICE. My intention was that these bills should be acted upon tomorrow night, if the House agreed to the resolution and Mr. Speaker, I see no force in the objection of the Gentfrom Illinois [Mr. Wasnnuaxs] or that of the Gentfrom NewYork, Mr. CONKLlNG ] If it is proper to act upon these bills at any time, they can be acted upon to. morrow justas well as 3 months hence. The ComPacificRR has not been called for 2 months; and in the course of the regular call of committees that committee will not, in all probability, be called for 2 months to come. I have said to the House, and I say again, that there are some members of the committee who wish to be absent for a few days, and who do not feel at liberty to be absent until this committee has been called. Now, the call of a committee for reports in. volves the necessity of acting upon the reports when made, although, as a matter of course, the bills reported may be postponed by the House until a do certain.
The SPEAKER. The Chair will read the ru"le, on page 58 of the Digest: righTthe right to report at any time carrieswith ittho to consider the matter when reported and where authority is given to a committee to make a report at a particular time, the right follows to considerthe report when made."
Mr. STEVENS. Isuggest to the Gentfrom Iowa, [Mr. Pmoafl that he consent, or if necessa put it into the resolution, that, although the bills may be discussed, yet no vote shall be taken upon them tomorrow night.
Mr. PRICE. [have no objection to t at, if the vote can be taken
Mr. WASHBURNE, of Illinois. I desire to in nire into what position a bill would be left i it should be discussed tomorrow night without a vote being taken.
The SPEAKER. It would come up the next mornin as unfinished business.
Mr.WASHBURNE, of Illinois. By that means, then, the ComPacificRR would come in ahead of all other committees. I object to that, as it would be unfair to other committees. The ComCommerce, having very important business to report, has not had an opportunity to do so for some weeks.
Mr. PRICE. It is a little too late now for the Gentfrom Illinois to object, and I will say to him that the very reason why I desire to have tomorrow night fixed for the hearing of reports from the ComPacificRR was that it would not interfere with another business.
The SPEAKER. The motion to reconsider is not debatable, and the Gentfrom Wisconsin [Mr. ELDRIDGB] o ijects to debate.
Skip Skip On the motion to lay on the table the mtRtv the resolution was agreed to, there were ayes 40, noes 33. Mr. WASHBURNE, of Illinois, called for the yeas&nays. The yeas and nsys were ordered. The question was taken; and it was decided in the atiirmative yeas 61, nays 40, not voting 82; on the table. CUSTOMHOUSE PRAUDS, ETC.
Mr. HIGBY submitted the following resolution. upon which he demanded the previous question: Recolved, That the ComPublic Expendituru be instructed to investigate the compromises of frauds upon the revenuewhich are alicgedto have taken place in connection with the customhouseat Boston and to ascertain what disposition has been made ol the moneys paid under such compromises; also. to investigatesuchotherallegedfraudsupon the customsor internalrevenueas they may deem advis able and whether any vuxations suits have been commencedagainst importers and others brought or instizated by any person or persons connected with the customsor internalrevenue service in the cities of Boston or NewYork; and that the committee be authorized to send for personsand papers; and if. in their judgment. it shall be necessary and most economicalto take testiine nyin Boston or NewYork by such meinbers of the committeeastheymaydesig into. not exceeding 5 in number.suchdesignated members of the committeemayhaveleaveto sit dur in: the 00:? of Congress for the purpose of such investigation and with the aforesaid powers and authority.
Mr. WASHBURNE, of Illinois. That resolution embraces very broad powers. If the subject is to be investigated at all, it ought to be investigated by a special committee appointed for that specific purpose.
Mr. HIGBY. I have demanded the previousquestion on the resolution.
Mr. HANLER. This resolution touches large commercial interests. The Gentfrom California is undoubtedly in earnest in this investigation.
The SPEAKER. If debate arises on the rosolution. it goes over under the rule.
Mr. CHANLER. Well, I wish to debate the resolution.
The SPEAKER. The Gentfrom California has demanded the previous question.
Mr. CHANLER. Can the gentleman yield the floor under that call?
The SPEAKER. He cannot. A single ob ection would take the resolution over.
Mr. HIGBY. If the House would permit me to send a paperto the Clerks desk and allow it to be read for information I think Gentlemen would change their minds about this resolution.
Mr. SPALDING. I object to debate unless the gentleman withdraws the demand for the previous question.
Mr. DAWES. I hope the gentleman will not presstbe demand for the previous question upon a resolution like this and allow no one to be heard upon it.
Mr. CONKLING. I rise for information. I would inquire if it is not in order, as a matter of right, for the Gentfrom California, Mr. Hioar] in offering this resolution. to have read any papers that accompany it.
The SPEAKER. It is not; that is in the nature of debate.
Mr. DAWES. It is due to the character and object of the resolution that it should not be passed under the previous question.
Skip Skip Mr. SPALDING. I object to debate. Mr. DAWES. I hope the previous question will not be sustained. The question was put on 2nding the demand for the previous question; and there were ayes l7, noes 43no quorum voting. Tellers were ordere; an Messrs. HlGBY and CHANLER were appointed. The House divided; and the tellers reported ayes 35, noes 62. So the House refused to 2nd the demand for the previous question.
Mr. DAWES. I rise to debate the resolution.
The SPEAKER. Then the resolution goes over under the rule. COMBUSTIBLE MATERIALS.
Mr. McRUER, by unanimous consent, submitted the followin" resolution; which was read, considered, and agreed to: Resolved.That the ComCommercebein structedto inquire into the subject of thestorngennd transportation of combustible and explosive mate rials and to report at any time.by bill or otherwise. what measures.if any. are necessaryto securebetter protection to life and property.
Mr. WASHBURNE, of Illinois. I desire to say that alter the morning hour I shall ask the attention of the House to that very subject from the ComCommerce. AGRICULTUBAL DEPT.
Mr. DONNELLY submitted the following resolution; which was read, considered, and agreed to: Whereas one great object contemplated in the establishment of the Agricultural Dept was the distribution of valuable seedsand plants among the people of the U.S.; Therefore, Resolved.That the ComAg be directed to inqluireinto the moneyvalue of the quota of seedsand J ants receivedby themembersof congress from t ic Dept; what proportion the sameholds to the whole appropriation for that purpose: whether a much larger quota could not be oh tnined by advertisementand contractsWith the [rar donorsand uurse rymenof the country; and generally what stepsare necessaryto increasethe elllcieucyof the Amcultaral Dept. BB CONST"MOTION TENNESSEE.
Mr. LATHAM submitted the following preamble and resolutions: Whereas the ComReconstruction has reportedthat the peopleof Tennesseeare found to be in acondition to exercise the functions of a State within this Unionand whereas.by the information receivedthrough the investigations of said committee and through otherchzinnels.itis the senseof this House thatthe people of said State are entitled to representationherein: Therefore. [tunic1!In;the HoRep (the Sonate concurrinir.) That the ComReconstruction be and the same is hereby. relieved from the furtherconsideration of all matters pertaining to the HPTPSURIBUOH of the State of Tennessee in this case. llemlenl. That the credentials of the Representatives elect from said State be, and the same are hereby. referred to the Committee of" Elections. with leave to report at any time and with instructions to report as soonns practicable upon the elections. returns and qualificationsof eachofsaid Representatives clect
Mr. BROOMALL. I would ask if that does not O to the ComReconstruction without ebate.
Mr. LATHAM. The resolution is to relieve the committee from the further consideration of the subject so far as the State of Tennessee is concerned.
The SPEAKER. The Chair will examine the resolution.
Mr. BROOMALL. I hold that the concurrent resolution of the 2 Houses cannot be reealed in this way.
The SPEAKER. The Chair would rule that the 1st resolution offered by the Gentfrom WestVirginia, [Mr. LATBAM] being a concurrent resolution, is in order. But the 2nd resolution, being a simple resolution of the House, would not be in order at present. If l the 1st resolution should be concurred in by the Senate. being se oncurrent resolution, then the ComReconstruction would be refined under it to report back the credentials of cpresentatives elect from Tennessee; and then the House would take such action as they pleased in regard to them.
Mr. LATHAM. I will withdraw the 2nd resolution.
The SPEAKER. The gentleman has the right to withdraw his resolution or to modify it before any vote has been taken.
Mr. RANDALL, of Pennsylvania. Iunder stand the Speaker to say that if the Senate should concur in the resolution then this ComReconstruction would be discharged from the further consideration of the creden tials in question. 1 rise to a point of order, that the Senate has nothing to do with creden tials of members elect to this House.
The SPEAKER. The Chair overrules the point of order. The resolution reads, “the Senate concurring, ” and the gentleman who OiTered it has thus submitted it as a concurrent resolution.
Mr. BROOMALL. Is that resolution in order under this call?
The SPEAKER. It is. A resolution of the House can be rese inded by a subsequent resolution of the House, introduced by any member under the i egular call of the States. But this is aconcurrent resolution, and offered in order, requires by its languagtheough O action of the Senate.
Mr. CONKLING. I rise to a question of order. The whole subject of the resolution having been referred to a committee, I allude to the JtCommee and to the joint action of the 2 Houses, and that committee not having asked to be discharged, and the time to reconsider the reference having passed, it is not now in order, by a new resolution, passed by a mere majority, and not under a suspension of the rules, to bring the matter back into the House for consideration. If the point of order is not supported by the ground have stated, I submit another round. The committee having possession of this subject has made a report to the House. That report is still pendin. A motion to recommit the report was adopted, but a motion to reconsider the recommittal was entered and still stands. This arrested the subject on its way back to the JtCommee, and left it before the House. Thus it is out of order to discharge the committee of the subject, because the House and not. the committee has possession of it now. It cannot be brought up in the manner proposed.
Mr. ROSS. Is it in order for the Gentfrom NewYork [Mr. CONKLING] to make a speech now?
The SPEAKER. The Chair is of opinion that the Gentfrom NewYork has not gone beyond fully stating the point of order.
Mr. ROSS. He seemed to me to be making quite a speech.
The SPEAKER. The Chair overrules the 1st part of the point of order, and sustains the 2nd part, which is that the ComReconstruction have reported on the creden tials from Tennessee; that the report was recommitted to that committee and that, while a motion to reconsider is pending, the report is before the House and not before the committee. The question in regard to Tennessee is not before the ComReconstruction, but before the House.
Mr. FINCK. I rise to a point of order. Has not the report of the committee in regard to Tennessee been recommitted?
The SPEAKER. It has; but the motion to reconsider is pending, which arrests the action of the House.
Mr. Fl YCK. Is it not always in the power of the H se to discharge a committee?
The SPEAKER. It is, if the matter is before the committee; but, as stated by the sun Gentfrom NewYork the matter is not before the committee, but before the House pendin a motion to reconsider.
Mr. inrnsgn. Who will be the 1st vote taken on the motion to reconsider?
The SPEAKER. The 1st vote will be on the reconsideration of the vote by which the subject was recommitted. Hhe Clerk will read from page 164 of Barclays Digest. " The crk read, as follows:. “49. When a motion has been oncemade and car riedin the nilirmotiveornegptive, it shall be in order for any mcmberof thonslsotityto movefor the reconslderation thereof on the sameor succeeding day and such motion shall take precedenceof all other questions, except a motion to adjourn and shall not be Withdrawn after the said succeediu day without the consent of the House and thereafter any member may call it up for consideration."
Mr. LATHAM. My inquiry is, what will be the 1st vote taken by the House on the motion to reconsider?
The SPEAKER. To reconsider the vote by which the report in the Tennessee case was recommitted to the ComReconstruction. That can be called up at any time when the House is not engaged in the transaction of other business.
Mr. LATHAM. If the House reconsider that vote what would be the next vote?
The SPEAKER. The subject would be before the House not recommitted to the COllimliIOB. I
Mr. ELDRIDGE. Does the Chair decide [that the committee have not the subject in charge?
The SPEAKER. The subject is not before the committee pendin the motion to reconsider which can be calfed up at any time when the Eouse is not engaged in other business., Mr. ROSS. Is there no chance by which the House can get rid of this committee?
The SPEAKER. That is not germane to the questimi before the House.
Mr. WENTWORTH. I call for the regular order of business.
Mr. DELANO. I take an appeal from the decision of the Chair in reference to the Tennessec credentials.
The SPEAKER. The appeal is entertained but is not debatable, as it has been made at a time when debate is not in order, and upon a question growing out of an undebatable subJech
Mr. CONKLING. I move that the appeal be laid upon the table.
Mr. RANDALL, Of Pennsylvania. I de mand the em;&nays.
Mr. DE ANO. As the appeal is not de batable I withdraw it. INDIAN DEPREDATIONS.
Mr. HITCHCOCK, by unanimous consent, introduced a bill to provide for the relief of persons for damages sustained by reason of depredations and injuries by certain bands of Arrapahoes, Cheyenne, and Sioux Indians which was read a 1st and 2nd time, ordered to be printed, and referred to the ComIndAffrs. 1ST REGIMENT COLORADO MILITIA.
The SPEAKER. The next business in order is the following resolution offered by the Gentfrom Indiana, Mr. Jenny] which was laid over one day no or the rule: Resolved. (as the dpliberate judgment of this House.) That the speedytrial of Jo personDavis. either by a civil ormilitary tribunal. for the crime of treason or the other crimesofyvhich hostands charged, and his grompt execution. if found guilty, are iuiperutively cmanded by the people of the U.S. in order that tree soumay be adequatelybrandedby the nation. traitors made infamous and the repetition of their crimes. as far aspossible.be proven
Mr. WlLSON of Iowa. I suggest to the gentleman to refer that to the ComJudiciary.
Mr. JULIAN. Mr. Speaker, is this resolution now debatable?
The SPEAKER. It is; it was laid over under the rule for debate.,
Mr. WASHBURNE, of Illinois. Has the morning hour expired 1
The SPEAKER. The morning hOur will exire in one minute.
Mr. JULIAN. I demand the previous question on the adoption of the resolution.
The SPEAKER. If the previous question is not 2nded it will then be open for debate.
Mr. WASHBURNE, ofIllinois. I ask that the resolution be again reported.
The SPEAKER. It Will again be reported if there is no objection.
Mr. WASHBURNE, of Illinois. the morning hour expired 1
Skip Skip The previous question was 2nded ayes 50 noes 42. hit. ANCONA. I demand tellers on 2nding the demand for the previous question. The SPEAKER. It is too late. Mr. ANCONA. Then I demand tellers on ordering the main question. Mr. HARRIS. Is the resolution debatable? The SPEAKER. It is not. Mr. CHANLER. Is it in order to move to lay the resolution on the table The SPEAKER. It is. Mr. CHANLER. I make that motion, and demand the yeas&nays upon it.
Mr. WILSON of Iowa. Iagain ask the Gentfrom Indiana [Mr. JULIAN] to permit this to go to the ComJudiciarya, who are now investigating that charge and ta in testimony.
Mr. HARDING, of Illinois. I do not see that this resolution involves any doubtfulquestion upon which we need the advice of the ComJudiciary.
Mr. ELDltlDGE. I ask the Gentfrom Indiana [Mr. JniJAN] to allow the word “mil itary” to be stricken out, so as to leave it that he shall be tried by a civil tribunal. Then there will be no objection to it.
Mr. GARFIELD. I hope it will not be stricken out, but that we shall have full power to try him.
Mr. HARRIS. I rise to a point of order, that the resolution presents a question which Has not Is it in order to move this House has no authority whatever to pass u on. I)
The SPEAKER. The Chair overrules the question oforder. It is not a question oforder; it is a matter for the discretion of the House.
Mr. JU] LIAN. l conceive no ossil le reason for declinin a direct vote on the proposition, and I there ore ask for a vote of the cute on the resolution as it stands.
Mr. RANDALL, of Pennsylvania. Is it in order to move as an amendment to refer the resolution to the Judicia Committee?
The SPEAKER. It is not, the previous question having been 2nded.
Mr. ELDRIDG E. Does the Gentfrom Indiana [Mr. Joann] decline to modify his resolution I
The SPEAKER. He does; and it would require unanimous consent to modify it.
Mr. BINGHAM. Is it in order to move to reconsider the vote by which the previous question was ordered.
The SPEAKER. The motion to lay on the table prevents it.
Mr. BINGHAM. Ihopethe Gentfrom NewYork [Mr. Ensnasa] will withdraw that motion, in order that I may move to reconsider.
Mr. CHANLER. What is the motive of the gentleman in making that motion?
Mr. BINGHAM. If the gentleman will withdraw his motion to lay the resolution on the table, I will move to reconsider the vote by which the previous question was 2nded, so that I may move to refer the resolution to the ComJudiciary.
Skip Skip Mr. CHANLER. Then I withdraw. The question being put on the mtRtv the previous question was 2nded, there were ayes 80, noes Mr. HARDIN G, of Illinois. I demand the yeas&nays. The SPEAKER. The gentleman cannot demand the ass&nays on this motion. He may demon tellers. Mr. COBB. I call for tellers. Tellers were not ordered. The SPEAKER accordingly declared the resolution reconsidered. The question recurred upon 2ndin demand for the previous question; and put there were ayes 21, noes 71. So the previous question was not 2nded. The SlyEAKER. The morning hour has exp.Iirre.d.SCHENCK. I call for the regular order of business. THE TEST OATH.
Mr. WILSON, of Iowa. I ask the unanimous consent of the House to make an adverse report on the message of the President, with accompanying communications, recommending a modification of the test oath, that it may be laid upon the table, and ordered to be printed.
The SPEAKER. That can only be done by unanimous consent or under a suspension of the rules.
Mr. WILSON, of Iowa. Then I move to suspend the rules so as to enable me to make the report. [Cries of “There is no objection.”f
Mr. RANDALL, of Pennsylvania. I call for the reular order of business.
Mr. Wl.SON, ofIowa. I morel ask that the ComJudiciary be ise harged from the further consideration of the subject and that the report be laid upon the table and printed.
Mr. ROGERS. I desire to present a minority report in favor of the recommendation of the President.
Mr. RANDALL, of Pennsylvania. to the reception of the report.
Mr. WILSON, of Iowa. I move a suspension of the rules.
Skip Skip The question was taken; and 2/3rds voting in favor thereof, the rules were suspended. On motion of
Mr. WILSON, of Iowa. the ComJudiciary was discharged the being I object ; from the further consideration of the message of the POTUS transm" ting communications from the SecyTreasury and the PostMGenl, requestinga modification of the oath ofOffice by the act of congress approved Jupyre2s, cr1ib8e6d2, and the same wasfinid upon the table, and the raga t of the committee ordered to be printed. ROGERS submitted a minority report upon the same subject; which was laid upon the table and ordered to be printed. WILSON of Iowa, mtRtv the report of the ComJudiciary was disposed of; upon the table. Agreed to. PREVENTION OF CHOLEBA.
Mr. WASHBURNE, of Illinois. I more to suspend the rules to enable me to report from the ComCommerce, for action at this time, a JtResolution to prevent the introduction of cholera into the ports of the U.S.
Skip Skip The question was taken; and 2/3rds voting in favor thereof, the rules were suspended.
Mr. WASHBURNE, of Illinois, then, from the ComCommerce, reported the JtResolution; which was read a 1st and 2nd time. The JtResolution authorizes the POTUS to make and carry into effect such orders and regulations of quaran tine as in his opinion may be deemed necessary and proper, in aid of State or municipal authorities, to guard against the introduction of cholera into the ports of the U.S. It further authorizes the President to empower military and naval commanders in ports and places in States that have been or are in insurrection to enforce such quarantine regulations as may be deemed necessary for the purpose of guarding against the introduction of cholera or yellow fever, and providing for a nopercourse of treatment of patients. he resolution also appropriates such amount of money as may be necessary to carry the JtResolution into effect.
Mr. SCOFIELD. I rise to a point of order. I submit that, as the JtResolution makes an appropriation, it must have its 1st consideration in ComWhole on the state of the Union. 4
The SPEAKER. the Gentfrom Penn glvania will observe that the suspension of e rules suspended that rule as well as all others. The motion was to suspend the rules that the JtResolution might be considered in the House at this time.
Mr. SCOFIELD. Then I wish to suggest to the Gentfrom Illinois that there ought. to be some limit to the amount of the appropriation.
Mr. WASHBURNE, of Illinois. The committee considered that point, and they did not fix any limit to the amount of the appropriation because it was impossible to tell how much or how little would be needed. It is a matter which must necessarily be left to the discretion of the Depts. I would be in flavor of fixing a very small sum if the object could be accomplished. But the yellow fever is now revailing in some of the ports and in other places in the South, and the SecyWar has issued an order rather outside of his authority, and unless some provision of this kind shall be made he says he will have to revoke that order. I hope, therefore, the House will pass the JtResolution, and I demand the previous question upon it.
Skip Skip The previous question was 2nded and the main question was ordered. The JtResolution was orderengross and read a 3rd time; and bein engrossed, it was accordingly read the 3rd time and passed. Mr. WASHBURNE, of Illinois, mtRtv the JtResolution was passed; upon the table. Agreed to. NITRO GLYCEIl INE.
Mr. WASHBURNE, of Illinois, gave notice that the ComCommerce, to which was referred the subject of the necessar legislation to protect life and property from the dangerous explosive properties of nitro glyocrine, with leave to reart upon the subject at any time, would probably be prepared to reporton Thursday next, at which time they would ask the action of the House upon the subject.
Skip Skip The question was taken, and the amendment of Mr. scanse x was agreed to. 1 The iestion recurred upon the amendment of Mr. 1 AVIS.
Mr. CONKLING. If the gentleman will allow me, I desire to say that I have no doubt the fact is precisely as he states it; and I wish to say for one that, such being the effect of the section, I voted under an entire misapprehension; I understood the Gentfrom Pennsylvania [Mr. Innsn] to receive from a member of the committee the assurance that the effect of the amendment would be to leave the matter precisely as it stood; and when afterward the chairman of the committee showed us the effect of that amendment, I am satisfied that it took entirely by surprise a large number of those who had voted for it.
Mr. SCHENCK. I am assured by 2 or 3 gentlemen around me that they voted under a misapprehension; and I desire to prevent any such misap rehension in the future.
Mr.THAYER. Vill the gentleman allow me to correct an erroneous statement?
Mr. THAYER. I refer to wait until the gentleman has finishe what he has to say.
Mr. SCHENCK. I yield the floor, then, altogether.
Mr. SCHENCK. Will the gentleman allow me to ask upon what authority he states that those genera a recommended 87?
Mr. ITIAYElt. I state it on the authority of a letter which I hold in my hand written by the chairman of the Military Committee of the Senate.
Mr. SCHENCK. I state on the authority of the bill which I hold in my hand that it is not so.
Mr. THAYER. Then the issue is between the 2 chairmen, and I shall not undertake to settle the difference between them.
Mr. SCHENCK. No, sir, the issue is between the chairman of the ComMilAffrs of the Senate, I insist, and his own bill which I hold in my hand.
Mr. PAINE. Will the Gentfrom Pennsylvania allow me to inquire whether in his estimate of the comparative cost of the quartermasters Dept, as provided in the Senate bill and in the bill now reported by the committee, he has allowed for the 3 hrig adier generals in that Dept?
Mr. PAINE. Well, he has spoken of the bill which he has been comsung with the House bill as the Senate bifl. I ask him if that bill does not provide for 3 brigadier generals.
Mr. THAYER. I will answer the gentleman. The bill as it passed the Senate did so provide, as I have repeatedly said, but I be e the gentleman will now understand that in the substitute which I have offered, I struck out the 3 chief asst quartermasters, who are brigadicrs.
Mr. PAINE. Will the gentleman permit me to ask whether he is not comparing the section of the bill now before the House with his own section rather than with the section of the bill which passed the Senate?
Mr. THAYER. When I speakof the senate provision upon thisusubject, Is)eak of the substitute which I offered, and which is the precise language of the Senate bill, with the provision relating to the 3 chief asst quartermasters stricken out.
Mr. SCHENCK. As the Gentfrom Pennsylvania [Mr. THAYER] is giving us his calculations, Will he tell us at what he puts the of a colonel?
Mr. SCHENCK. What yearly pay and compensation?
Mr. THAYER. The gentleman will observe that I have made my comparison by the monthl pay.,
Mr. SCHENCK. I undertake to say that somebody has very greatly imposed upon the rentleman. I say that every colonel on duty ere in the uartermasters Dept receives $4, 6301 a year, including his fomge in kind, which is $417. Taking that out, and it will leave him $4, 213 81 and I say every portion of the a furnished to the gentleman, and upon which he has based his calculations, is utterly wrong.
Mr. THAYER. Does the gentleman mean to deny that $211 per month is the pay allowed by law to a colone 2
Mr. SCHENCK. What is called “ pay proper” is one thing; the actual pay and allowances is another and quite a different thing.
Mr. THAYER. The “pay proper” is what I mean.
Mr. SCHENCK. That is a small matter. Audacolonel on service in the quartermasters Dept gets more than a colonel of infantry on duty elsewhere, for he draws pay as a colonel of cavalry. He is allowed commutation for 2 servants at 32 dollars a month or $384 a year; clothing for 2 servants, 13 dol lnrs a month or $156 a year; subsistence for 365 days at 6 rations a day for himself, and 2 rations a day for servants, 2,920 rations, or $876 a year. He is also allowed forage in kind for 2 horses, which, at the present estimate at the quartermasters Dept, will amount to $417 a year and then he is allowed as commutation for fuel $397 81 a ear and he is also allowed for quarters, which in Washington is at the rate of 18 dollars a room permonth, while elsewhere it is 9 dollars a room, except in NewYork where it is 12 dollars, the sum of $1, 080 a year, making in all $4, 450 81 a year. Then there is the ifference between a colonel of infantry and a colonel of cavalry, $180; making the whole pay and allowances of a colonel of cavalry in the quarterinasters Dept $4, 630 81. From this may be deducted for age, which is in kind, while all the rest is in money, $417 and to be very exact about it, that will ive the amount of money paid to a colonel in the quartermasters Dept as $4, 213 81 a year. Now, I am stating somethings here which have not been furnished to the Gentfrom Pennsylvania [Mr. Tuar ER upon which to base his calculations.
Mr. THAYER. If the gentlemans furni ture is as good as mine he will have no reason to complain of its qualit.
Mr. SCHENCIZ. Mine is from the pay Dept.
Mr. THAYER. I am much obliged to the entle man for the statement he has made, for he has furnished me with an additional argument against his bill. He says that I have not included in my calculations the allowances to these otheers; and he sp ks of the large allow ances made to these co onels and lieutenant colonels. Have I not told the House, and does not the House perceive, that the gentlemans bill provides for 6 colonels, while my substitute proposes only 4 colonels? The gentleman s bill provides for ten lieutenant co oncls, while my substitute proposes only 8 lieu tenant colonels.
Mr. SCHENCK. The gentleman will not be so much obliged for the argument he says I have furnished him if he willIook at the lower grades of majors and captains. The allow ances made to the lower grades are greater in proortion to the pay properthan those made to the uppergrades. As, for instance, a major of infantry gets $864 for quarters, and $359 31 for fuel; being 38dollars less than the allowance to a coloncl for fuel, and a little more than 100 dollars less for Tuarters. The same thing is found to be true all the way down. The lower you get as to grade the larger in proportion to pay are the allowances. I am speaking of that for which I have the figures. A 2nd lieutenent stationed at Washington gets $2, 088 41, some 5 or 600 dollars more than the amount received by a 2nd lieutenant in the field.
Mr. THAYER. If the entle man shall succeed in convincing this House that a catain gets more in the way of commutation and ow irnce s than acoloncl or a lieutenant colonel, then there will be some force in the remarks which he has made. But I apprehend that he will run against very hard facts and figures in attempting to sustain any such position. Every bod ows that the contrary 18true, and that the higher officers et more by way of allow ances than the subs terns. e gentleman is, in my judgment, very bold in undertaking a denial of this.
Mr. PAINE. As I understand the Gentfrom Pennsylvania, [Mr. THAYER] whose amendment we are now considering, and as I believe the House understood him, he buses i the proposition of the House committee. But, his proposition upon the supposed approval of! leaving out of view the more question of no the generals whose advice has been brought 1, menohtture. it appears to me to be very plain before both Houses. I may have misunder stood him in this, but I certainly understood him to ask the House to adopt his amendment because it was in substantial conformity with the advice of those generals. I desire now to ask him whether his amendment comes nearer to the form of the recommendation of those generals to whom he alludes.
Mr. THAYER. I think the substitute is much nearer; and if the gentleman will allow me I will correct him a little. What I stated was simply this: that the distinguished gon erals to whom I referred had recommended Senate bill No. 67, and that that provided for a staff in the uartermasters Dept of 87 o cers, whereas the substitute does not call for as many by ten 5 and I used l that as an argument with which to rebuke the; argument brought forward by the chairman of t the committee, [ML SCHENCK] that the number called for in mysubstitute was an unnecessary number. I did not say nor intimate that the generals had had under consideration my substitute. The gentleman was mistaken if he understood anything of that kind. Nor did I say that they had considered the Senate bill No. 138. If the House will look at senate bill No. 67, and then look at the gentlemans bill, they will find the greatest discrepancies. The generals did not recommend the abolition of the office of asst uarterMGen, as the gentlemans bill does, or of the office of deput quarterrnaster General and as to the number of oficers, I wish to say to the Gentfrom Wisconsin, that they recommend, it on the quartermasters staff, 87 officers, instead of the much smaller number provided for in the substitute.
Mr. CONKLING. I want, at some time or other, a little information, and I do not know any gentleman who would be better able to give it to me than the Gentfrom Wisconsin. I ask him, therefore, to indicate some point in his remarks when it will be not inconven ient to him that I ask him a question or two.
Mr. CONKLING. I understand that the effect of the section as it is in the House bill is to legislate out 3 asst quartermasters general, 4 deputies quartermasters General, and 46 asst quartermasters; making in all 53 officers legislated out. of the Quartennaster Generals office. I wish to inquire of the Gentfrom Wisconsin whether the informationI have thus received is correct, and if it is, what is the excuse for this indiscriminate slau hter?
Mr. PAINE. In rep to the interrogatory of the Gentfrom hew York, I have to say this: that I believe it to be pretty nearly the unanimous opinion of those membersofthis House who have given the question their attention that the chan o in the title of one of these officers would, wi out. some opinion of law to meet the case, or save the officer, abolish that othee. But, if I understand correctly the pos lure of this question, as it is now before the House, there was a pr position introduced by the chairman of the ComMilAffrs which prevents such an effect.
Mr. SCHEHCK. such a prosition was offered, and was adopted by the House, and it is at art of the section as it now stands.
Mr. CONKLING. Shall we understand, then, that as the section now stands, it does not legislate out anybody?
Mr. SCHENCK. With the permission of the House, I will ask for the reading of the section as.it was amended this morning. It legislates nobody out; it is rticularly provided that it shall not affect the title to t cir Offices of all of these men.
Mr. CONKLING. Isthat true of all of them?
Mr. FARQUHAR. I rise to advocate the section proposed by the Military Committee in preference to the amendment offered by the Gentfrom Pennsylvania, [Mia Trauma] concede that the figures presented by that Gentleman give the advantage to the section as proposed in the bill from the Senate. That, however, I do not understand to be the important question involved as between the amendment proposed by the Gentfrom Pennsylvania an the section in the bill reported from the ComMilAffrs of this House. The main oint involved is the matter of economy. the gentleman claims that by his amendment the saving on the pay reperof colonels is $115 permonth. Now, tematter of true economy is presented to us by the section reported by the committee of the House, and it consists in the fact that there is to be an actual reduction in the officers of this staff Dept, to be accomplished by refraining from fillin7 vacancies as they occur until the number of majors has been reduced to 3, and the number of captains 14; or a reduction of 17 officers in all.
Mr. THAYER. Will the gentleman allow me to ask him a nestion?
Mr. THAYER. If it is important that the number of Officers in this Dept should be reduced, then why not favor the reduction at once? Or if this number be necessary now for an army of this size, how can a less number discharge the duties for an army of the same size when vacancies shall have occurred?
Mr. FARQUHAR. I would not decrease the number now for the very reasons suggested a few moments a o by the interrogatory of the Gentfrom NewYork, [Mr. CONKLING] here is no disposition on the part of this House, I think, to reduce the numbhr of the“ officers at this time and turn them adrift. But the proposition of the committee is, that no vacancies occur by death, resignation, or otherwise, those vacancies shall not be filled until there has been a reduction of 3 majors and 14 catains.
Mr. PAHE. I would ask the Gentfrom Indiana [Mr. Fsnounan] if he does not find in the present business of this Dept, resulting from the war, a necessity for the tem porary continuance of the present number of officers in the Dept., Mr. FARQU AR. I am obliged to the Gentfrom Wisconsin [ML Puss] for his suggestion; that is true. Thercisanimmediato and present necessity for retaining the officers now on duty, and it is only proposed that in the case of vacancies by deat, resignation, or otherwise, no apointments to fill such vacancies shall be made until the number of majors is reduced from 15 to 12, and the number of captains from 44 to thirt and there is another reason why I favor the proposition as presented by the committee of the House, in this section. It provides that of the oriinal appointments to be made under this bill, 2 t 1rds of the lieutenant colonels and majors and all of the captains shall be from volunteer officers who have performed mer itorious services during the late war; that is, that 2/3rds of the ten colonels, 2/3rds of the 15 majors, and all of the 44 catains shall be appointed from officers of the volunteers.
Mr. THAYER. Will the gentleman allow me to call his attention to the fact that the substitute does the same?
Mr. FARQUHAR. I have not been able to see it. All I find in the substitute, which is section 13 of the Senate bill, is that all vacancies thereby created in the grades of asst uartermasters shall be filled by selection from among the persons who have rendered eflicient an meritorious services as asst quartermasters of volunteers during the war. I see no more. than that.
Mr. THAYER. There can be no other vacancies.
Mr. FARQUHAR. I have been informed that there are other vacancies to arise besides the 3 asst quartermasters general there referred to. If there are not, then in that respect the section of the committees bill might have no advantage over the substitute. Still I prefer the section as reported by the committee.
Mr. SCHENCK. The Senate bill every where provides that these appointments shall be may O from uartermasters and others who have served during the late war. But the House committee has preferred to take them all from our side, and to say that the appointments shall be made from among volunteer officers who have served in the Army of the U.S. during the late war.
Mr. THAYER. Will the gentleman allow me, for the sake of accuracy, to call his attention to the concluding language of the substitute, which provides that those positions shall be filled by selection from among persons who have rendered meritorious service as asst quartermasters of volunteers dulang 2 years of the war?
Mr.THAYER. Now, I would like to know where there is any discrimination in favor of the regular Army.
Mr. SCHENCK. I am not speaking about the regular Army. I am a eaking about the rebel volunteers and the nion volunteers. We have preferred to require that these officers should have served on our side in the war. That is one difference between the 2 bills.
Mr. THAYER. That is a very nice criti cism.
Mr. THAYER. The gentleman will permit me to say that I said noting about that letter until I was asked it on what authority I made the statement thatt e general officers to whom I referred had approved a similar proposition to that embodie in my amendment.
Skip Skip The previous question was 2nded and the main question ordered. The question recurred on Mr. Sennse xs amendment. The House divided; and there were ayes 50, noes 12: no quorum voting. The SPEAKE ordered tellers; and appointed Messrs. GARFIELD and THAYER. The House again divided; and the tellers reported ayes 58, noes 86. So the amendment was adopted. The question then recurred on the substitute of Mr. JiuYi iil as amended. Mr. SCHENfJK. If thesubstitute be voted down the section will be left as reported from the committee? The SPEAKER. It will. The House divided; and there were ayes 38, noes 38; no quorum voting. Mr. RAN DAL, of peunsylvania, demanded the yeas&nays. The yeas&nays were ordered. The question was taken; and it was decided in the iicgative yeas 44, nays 70, not voting 69; So the substitute was rejected.
The Clerk read the following sections: Size.17. Abife: That the number of military storckecpers shall hereafter be as many M shall be required, not exceeding 16, who shall have the rank, pay, and emoluments of captains of infantry. Site. 18. Abife: That the provisions of the act for the better organization of the quartermasters Dept, approvedJuly 4, 1804, shall continue in form":so far as they do not become obsolete and unnecessary upon the dishandment of the volunteerforces. $30.19. Abife: That the subststence Dept shall hereafter consist of the number of officers now authorized by low. namely. one oommmsary general with the rank. pay, and emoluments of a brigudier general; 2 asstcommis narysenerttls.with the rank. pay and emoluinents of"coioncls of cavalry; 2 commissanes, With the rank pay, and emoluments of lieutenant coloncls of cavalry: 8 commissarics, with the rank, pay and emoluments of majors of cavalry: and 16 commissaries, with the rank. uy, and emoluments of captains ofciivulry. But, after the 1st appuiutments madeunder the provisions of this section. as incancies may occur, r ucin: the number of officersin the savers grades below that of brigadier general of this Dept, no appointments to fill t a same shall be made until the number of coloncls shall bereduced to one.the number rfmsjors to 5, and the number ufenptainl to ten and thereafterthe numberofchi cers in each of said several grades shall continue to conformto such reducednumbers and hereafterno graduate of the U.S. Military Academy. being at the time in the army of the U.S or having been therein at any time for 3 year! next preceding shall be eligible to appeiutment as an officer in the subsistence apartment.
Mr. WOODBRIDGE. I move to amend section 19 by striking out all after the enacting clause and inserting in lieu thereof the following: That the subsistenceDept of the Arm shall hereafterconsist of the officersnow authoriz by law, namely, one commissarygeneral of subsist once, with the rank, pay, and emolumentsof a brig adier general; 2 amistant comniissarygenerals with this rank, pay and emoluments o colonel o cavalry; 2 nssistsntcomniissarygenerals, with the rank, pay, and emolumentsof lieutenant colonel of cavalry; 8 comniissaries, With tho rank, pay and emolumentsof mnjors of cavalry; and 16 commissaries, with the rank, pay, and emoluments of captains of cavalry. The amendment proposed as a substitute, is a section taken from the Senate bill, and in my judgment is preferable to the one introduced by the ComMilAffrs. In regard to the titles it follows what the committee of the House adopted respecting the Adjutant Generals Dept, and leaves the offices, titles, and rank the same as at present. I would like to know from the chairman of the committee if he proposes to introduce an amendment to this section similar to that which was made to the 13th section, relating to the Adjutant Generals Dept.
Mr. wOODBRIDGE. Then the argument that this bill would legislate out certain gentlemcu now holding rank in the Dept is not necessary; so that the only did crences between this amendment and the original section are, 1st, that hereafter, if my amendment is adopted, as vacancies occur they will be filled and the force in the Dept will not be diminished; and 2nd, that when vacancies do occur they may be filled by graduates of W est Point. Whereas, if the original proposilon is adopted, whenever vacancies occur graduates of WestPoint cannot be commissioned to fill them. I desire to have read a communication from the chief of the bureau respecting the necessity of retaining the force as it now exists.
The Clerk read the communication, as follows: Orricir Coilinssinr Giannini or Sunsrsrsizer, WASHINGTON April 16.1866. Sm: In rep to yournote of this data calling my attention to I. c provision of H.R. bill 361, section 19, reducing the number of officersof the subsistenceDept, alter being 1st filled to its present strength, and asking my Views thereon. I are the honor to state that the number of officers of the subsistence Dept now authorized is 29, which number it is proposed by this bill to continue until reduced by the occurrence of vacanciesto 19. In my judgment. Thesubsistence dept should not be reduced below its present number of officers. nor their grade or designationohan ed. All of the 29 otheers except Captain Turner, brovet muior general of volunteers. who is in command of the district of llonrico, Virginia.) now composing the Dept.are at present on duty at points where their servicese annot be dispensed with without detriment to the service, which the accompanying list will in amensure explain. As soon as ofieers can be spared from their present positions, theserviceof onewill be required in Arizona. another in Utah. One is (brcrct Major Cushing) now on his wav to the Dept of the Platte. The Army is iiecessnrilvso widely scattered over the whole country of the U.S. that 29 officers are not too manyto give one officer to each important purchasing point and point of General supervrsion. Very respectfully, your obedientservant. A. B. EATON. (Luminary Generalof Subeialence. Hon. 11088218. HALI, HoRep.
Mr. THAYER. Will the Gentfrom Ohio [Ma SE BENCK] give way to allow me to move that the time of the Gentfrom Ver mont [Mr. Woonumnon] be extended?
Mr. SCHENCK. Certainly; I have no objection to that.
Mr. THAYER. I ask unanimous consent that the Gentfrom Vermont [Mr. Woon positions in the com1 ith an army of 50 nuine n] have his time extended until he shall have concluded his remarks. T rewas no objection., Mr. WOODBItll)GE. I do not believe in long speeches, either before Congress or before courts. It is a great deal easier to tire people out than it is to secure their attention. I was merely going on to say that this argument respecting WestPoint is one that is unjust toward that institution and toward the men who have been educated there. Another feature of this bill, to which we shall come hereafter, divorces WestPoint from the Engineer corps, where it always has been, and where in my judgment it always should be, because the engineer officers are placed in that Dept by reason of their superior attainments in all the various branches of military knowledge.
Mr. SCHENCK. We are not. considering the engineer Dept now.
Mr. wOODBRIDGE. The Gentfrom Ohio [Mr. SCHESE K] objects to my upon any other portion of the bill, raenmdarking I wi not pursue the argument further. After the revolutionary war was over, Washington saw the importance of n military education, and WestPoint was established. {Through the war of1812 she carried us successfully; and in the war with Mexico, WestPoint obtained the most triumphantvictories, and made the most triumphant marches that at that time were on the record of history and during this great rebellion, what has been the record of WestPoint? Look at her Grants, and Shermans, and Sheridans, and Mcades, and her dozens and scores of others who covered themselves with glory during this last controversy. The heroes of the war that came from WestPoint challenge today the admiration of the world. They are the men whose names are written highest on the scroll of honor. Sir, I would not depreciate the efforts of other officers, or detract from their merit. The volunteers of this country are entitled to the lasting gratitude of the country; they have made their record high and heroic. But, sir, war is a science, and the man who has been educated to the profession is the more likely to excel and when in addition to that education, he is trained in those high notions of personal honor which WestPointers are trained in. you may put your Treasuryin his hands and every dollar will be accounted for.
Mr. WOODBRIDGE. anyone of these officers may be ordered off.
Mr. WOODBRIDGE. Why is it not nite as necessary that WestPoint men should in the commisssry Dept where they buy beef, as that they should be in the cartermasters Dept where they buy orses tails I
Mr. SCHENCK. I believe the same provision ought to have been made in the section relating to the quartermasters Dept. It was thought, however, by the majority of the committee that there were some advantages in a military education in that Dept for instance, as connected with the transportation of troops, and making corrections which were not required of paymssters and commis saries of subsistence.
Mr. SCHENCK. I hope I may be permit ted to go on a moment more. No objection was made.
Mr. SCHENCK. Now, I hope that gentlemen will see the propriety of the remarks which I am making. [hey are made in no spirit of opposition to WestPoint, but rather on behalf of WestPoint. They are not made with a desire to decry the advantage of a military education. No man can have had anything to do with military affairs without having felt the importance of a good military education in order to do the best service in any line of duty. But the point I make is that it is not necessar to educate these men at the U.S. litary Academy to perform these particular duties. Now look at their appointment. As I said before, when the war commenced there were but 12 in the whole subsistence Dept, and they ran up to 29. Where did they come from? Out of e whole 12 there was but one man to be found who had no Military education, who was fit to go into the subsistence Dept and make contracts in reference to supplies. There must have been something marvelous in that and even he was a son of the chief of the Dept. The war went on, and continued through 1861, 1862, and 1863, and nobody could get in from civil life. But who did get in? 2nd lieutenants of artillery. From certain circumstances, which I could explain if I would, the artillery always seem to have s. particular hold on the subsistence Dept through its head on a former occasion, and thus as fast as these young fled lings come from WestPoint they are calledg upon to furnish brevet 2nd lieutenants for Officers in the subsistence Dept, and all at once they are made catains.
Mr. HALE. I think the gentleman is laboring under an entire mistake. I think there has never been an instance in the history of the U.S. Army of a brevet 2nd lieutenant of the artillery being transferred and appointed to the office of couunissary of subsistence, with the rank of captain.
Mr. SCHENCK. All I have to say in answer to that is that George Bell and J. D. Hawkins were.
Mr. HALE. I beg pardon. George Bell was made brevet 2nd lieutenant, July 1 1853, served through the grades of 2nd and 1st lieutenant, and was appointed captain and commissary of subsistence on the 3d of August, 1861, more than 8 years after he became a brevet 2nd lieutenant of artillery and just so with every officer in that Dept.
Mr. SCHENCK. Not every officer. I hap pen to know the fact as regards Mr. Sullivan whom I myself sent. to WestPoint. Being a 1st lieutenant, he was made commissary of subsistence at the beginning of the war, and if he had remained with his battery, good officer as he was, he would probably have become a brigadier or major general of volunteers, or lost his life, instead of which he remained only a captain and commissary of subsistence.
Mr. HALE. He was not made commissary from brevet 2nd lieutenant.
Mr. SCHENCK. No; he was a 1st lieu tenant.
Mr. HALE. That was the case with all these men.
Mr. SCHENCK. I may have been mistaken in speaking of the 1st entry here as brevet 2nd lieutenant; but that does not alter the fact. Here is a case of a 2nd lieutenant of the 1st artillery who was not graduated until 1861, and 2 years after that we find him a capitain in the commisaary Dept.
Mr. HALE. I know the oficer to whom the gentlemen refers, for he comes from my section of country; it is Lieutenant Elderkin. He stood at the head of the list of 1st lieutenants in his regiment the 1st artillery, and had served gallantly and nobly for 3 years in the field and from the 1stheutenancy in his ment he was a pointed a commissary.
Mr. Pen rose, and there have been 2 or three other appointments of that kind made since that time. at the objection I make is, that we do not need to educate men at WestPoint to make chaplains of them, or paymasters, or commis suries of subsistence, but that they have higher and more important duties in the part of war to perform, in headingbbrigades and divisions, and commanding their atteries; and that when we make them, at great expense and cost of time and money, military engineers, artillerists, skilled in infantry tactics, and good cavalry men, it is better and more properthat you should leave open to them stair appointments and other positions among the engineers, the cavalry, the infantry, an the artille, and that these places of commissaiies of subsistence and chaplains and iniymasters, which require no more skill and knowledge than is developed at any school in the country or by the business pursuits of life should be filled up by men who are just as well qualified and will answer every purpose. I will not stop to argue the question whether the difficulty is that you cannot get “ gentlemen" ifyou go outside of WestPoint, t ough that was a part of the argument of my friendfrom Vermont, Mr. Woonaniuos. I do not want to imea the gentilit ofWestPoint; neither do wish to impeac the entility or integrity of the business men of the country who are willing to accept positions of this kind upon properrecommendations and with properexaminations, which they will all have to obtain and undergo. I think they will be found to fill the bill quite as well as if they had been educated on the banks of the Hudson.
Mr. HALE. If I understand the proper course of parliamentary proceeding, it is, be ore the vote shall be taken upon the substitute, to submit any amendments which may tend to perfect the original section of the bill. If I am correct in that, and the chairman of the Military Committee [Mr. Summon] is now prepared to offer an amendment to obviate the difficult in regard to mustering these officers out of teservice, I would he very gladtohuve him move it at this time.
Mr. SCHENCK. I will move to amend section 19 of the bill by adding the following: But nothing in this section shall be construedso as to vacate the commmsionof any otheer noiv commissioned either as asst commissary aneral or coinmissary of subsistence.but onlyto c unge the title to coinmissuryin the casesof thosewho rank as lieutenant coloncls, majors, and captains. wihout nffectinlrin an way their relative position or the time from whie they take such rank.
Mr. CONKLING. For the benefit of those who do not understand this thing better than I do, I would ask how this amendment will leave the subsistence Dept practically.
Mr. HALE. I would say to my colleague, [Mr. CONKLING, that I have one or 2 other amendments which I propose to move to this section, as soon as the vote is taken upon the amendment moved by the chairman of the Military Committee.
Mr. CONKLING. That is very likely. But I want to know how this amendment is to affect the personnel of the commissary Dept. hlr: HALE. It leaves that matter precisely as it is now. Mlll. SCHENCK. It legislates out nobody at a The question was upon the amendment of Mr. Sensse u.
Mr. SMITH. I desireto make afew remarks in reply to something that was said by the Gentfrom Vermont [Mr. Woonnuine iz] a few minutes ago, not to touch probably directly or indirectly upon the question now before the House. I understood the Gentfrom Vermont to say in the conclusion of his remarks that the entire credit of the successes of the Union Army and the downfall of the rebellion was fitributable to those who had graduated at West cint.
Mr. WOODBRIDGE. Will the Gentfrom Kentucky [ML SMITH] allow me a moment?
Mr. SMITH. When I have concluded my sentence I will and that almostall the reputation that had been earned during the war belonged to the men who had received their education at that institution. While] give full credit to all those who distinguished themselves, who came from that Academy, and would not detract in the slightest de ce from anyone who won luurcls on any eld at any time, I must be permitted to dissent most emphatically from any such expressions emanating from any gentleman upon this floor, and going out to the countr. I will now yield a moment to the Gentfrom VermOnt.
Mr. WOODBRIDGE. My friendfrom Kentucky [Mr. SMITH] most certainly misunder stood me. There probably is notaman in this House who has a higher respect for the volunteer service of the country than I have; there is probably no man who would award them more credit than I would award them. They distinguished themselves with great honor to themselves and to the country; and they certainly did all which human energy and skill and foresight could do to save this country from the ruin which threatened to befall it from the rebellion. But I did say, and I say it now, because I believe it to be true, not only in this case, but use principle almost necessarily true in all cases, that the men who achieved the most distinguished military honor were the men who had graduated at WestPoint. There was Grant, and Sherman, and Sheridan, and McPher son
Mr. WOODBRIDGE. Yes, and Hancock, and scores of others whose names I need not mention, who have risen to the ver highest rank in the Army, and who really, y reason of their education, did achieve the highest reputation that was achieved in the lick and in any of the Depts connected with the Army.
Mr. SMITH. Mr. Speaker, my friendfrom Vermont has omitted tomention a great many otheers who graduated at WestPoint. A MEMBER. McClellan.
Mr. WOODBRIDGE. One of the 12 disciples did not come out all right; and hence you must expect that there she l he once in a while a similar occurrence in modern days.
Mr. SMITH. I do not intend, Mr. Speaker, to disparage in the slightest degree the reputation of any gentleman who graduated at W est Point. I do wish, however, to state a fact which I believe to he a matter of history, and which the records of this war will establish for all future time. It is well known to the House and the country that when this war began the regular Army was composed of about 5,000 men, rank and file. General Scott, who was not, I believe, a graduate of WestPoint, was the commander in cbief. Few of the men who have distinguished themselves in this war were then in the Army. Those of the WestPoint graduates who stand highest today among the distinguished men of this war had at the opening of the war been long away from that institution, and were most of them engaged in the civil pursuits of life some in agriculture, some in mercantile business, some in the professions of law, medicine, rte. The man who stands today at the head of the Army was, I believe, when the war broke out, a tanner at Galena, Illinois. All right; there is nothing wrong about that. I wish to call the attention of my friendfrom Vermont to this additional fact: that when President Lincoln issued his call for 75,000 men to defend the capital of the nation and put down insurrection, those sev enty 5,000 men came almost entirely from the civil pursuits of life. They were, almost without exception, men who had never seen WestPoint; and 100s and 1,000s of them perhaps did not know that there was such a place. I wish to state this further fact: that while there were a large number of the graduates of WestPoint who went into our Army and dis tinguished themselves, there were, 1 am sorry to say, numbers of men trained in that institution who took up arms on the side of the rebellion men who had been educated in their secession doctrines by reading Rawle on the Constitution.
Mr. WOODBRIDGE. I beg to state that when that call for 75,000 men was issued, the quota of Vermont was led by a graduate of WestPoint as gallant a man as ever bore a sword General Phelps.
The SPEAKER. The gentlemans timehas expired.
Mr. ELDRIDGE. I move that the gentleman have leave to finish his speech. There was no objection, and it was so or dered.
Mr. SMITH. Mr. Speaker, the record of the volunteers is so brig it, so glorious, and so grand, it cannot be destroyed. I am unwilling to say, because a number of men have come from WestPoint and distinguished themselves, they should be set up as the only ones who can save the country in time of war. The record of WestPoint shows that as many men from WestPoint went into the rebellion as were in our Army. Now, WestPoint does not make a man brave. WestPoint does not make a man good. WestPoint may educate as well as men can be educated. But it does not put fight into him. What does put fight into the American citizen? it is the country, her soil and institutions, which make him a fighter and qualify him for great deeds of daring. I do not care whether you have 5 or 10,000 in the regular Army, this count is safe, to use the language of Mr. Seward. do not care whether Congress passes a bill to increase the Army to 75,000 or reects it, the country is safe. I do not care whether Congress agrees with the President or the President disagrees with Congress, the country is safe. The great courage, the great intelligence, the great conservatism, and everything grand and good are behind Congress, with the people, and the (people will save the country. have little condence in anything which belong s to political position, at this time especialfiy. I believe in the faithfulness and integ rit of the people. n conclusion, I would like to say, if this House will only wait until we get the militia bill they will get rid of this great establishment and none the less save the country, when they will have an establishment that will only cost $500,000, while this costs $30,000,000. All you have to do is to rely upon the people, the great defenders of liberty in war as well as in eace. p
Mr. NIBLACK. I have reasons which will convince me that it is not the intention of the House to pass this bill at this time. If that be so, we on y waste time in consideringit section by section. With a view to testing the sense of the House upon this bill I move that its further consideration be postponed to the 1st Monda of December next.
Mr. ARNSWORTH. Iask leave to introduce a resolution calling on the President for information. Mr. NIBLACK. that purpose. REPORT OF GENERAL SMITH, ETC.
Mr. FARNSWORTH. by unanimous consent, submitted the following resolution; which was read, considered and agreed to: Resolved, That the POTUS I am willing to yield for be requested to communicateto this Housethere ort 9f General Smith and Hon. James T. Brady of t cir investigations at NewOrleans. ENROLLED BILL SIGNED.
Mr. TROWBRIDGE, from the ComEnrollBill, reported that they had examined and found truly enrolled House bill NO. 146, for the relief of Thomas F. Wilson, late U.S. consul at Bahia, Brazil; when the Speaker signed the same. RIVER and HARBOR BILL.
Mr. ELIOT. I give notice that on Monday morning next, after the morning hour, I shall move to discharge the ComWhole from the further consideration of the river and harbor bill, that it may have the action of the House. BURIAL or SOLDIERS.
The SPEAKER laid before the House the following message from the POTUS; which was ordered to be printed, and referred to the ComMilAffrs: To the HoRep: In reply to the resolution of the HoRep of the 2d instant, requesting information respecting the collection of the remains of officers and soldiers killed and buried on the various battle fields about Atlanta, I transmit herewith a report on the subject from the SecyWar. AndrewJohnson. WASHINGTON, D. 0., April 20, 1866. RIORGANIZATION OF THE ARMY AGAIN.
Mr. NIBLACK. I demand the yeas and us s on my motion to postpone.
The SPEAKER. It is, to a limited extent. FRENCH IN MEXICO.
The SPEAKER laid before the House a message from the President, transmitting, in answer to a resolution of the HoRep of the 16th instant requesting information relative to the proposed evacuation of Mexico by French military forces. a report from the SecyState with accompanying documents; which was ordered to be printed and referred to the ComForAffrs.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. FORXEY, its Secretary, informed the House that the Senate had passed House bill No. 472, for the relief of George B. Frank, late captain of the 3rd regiment Wisconsin volunteers. Also, House bill No. 197, to provide for the better organization of the pay Dept of the Navy, with amendments, in which the concurrence of the House was requested. Also, Senate bill No. 21 5, concerning certain lands gianted to the State of Nevada. Also, Senate bill No. 276, for the relief of Jerusha Witter. Also, Senate bill No. 231, for the relief of William Pierce, in which the concurrence of the House was requested. REVENUE ASSESSORS
Mr. MILLER, by unanimous consent, introduced a bill to allow U.S. revenue assessors to appoint deputies; which was read a 1st and 2nd time.
Skip Skip Mr. WASHBURNE, of Illinois. I call for the reading of the bill in full. The bill was read. It authorizes U.S. assessors to appoint deputies in the same manner as collectors of revenue. The bill was referred to the Committee of Wu s and Means. Mr. WASHBURNE, of Illinois, mtRtv the bill was referred; on the table. Agreed to. DUTIES ON IMPORTS.
Mr. KETCHAM. I ask unanimous consent to introduce a bill to increase temporarily the duties on imports.
Mr. WASHBURNE, of Illinois, objected, but subsquently withdrew his objection.
Mr. AL SON renewed it. INTERNALREVENUE FRAUDS.
Mr. HIGBY. I ask unanimous consent to introduce the followmg resolution: Whereas it is allegedin responsiblepublic journals and elsewherethat in the en orccment of therevenue laws at the customhousesin Boston and NewYork and the adjustmentofclaims for the violation thereof. frauds have beenOOIDDJHIPEupon the U.S and parties involved in said 111cged violations: and wherciisitisinlikcmanneriillcired that similar frauds have beencommitted i ntheenforcement of theinternalrevenuelaws and in the adiustmentofclaims for the violation thereofin and cities: Therefore. Resolved.That the ComPublic Expenditures be instructed to investigate all such alleged frauds and that for that purposethey be authorised to send for persons and papers.and. if necessary.to sit during the recessofConizrcss.atsuch placeas the shall deem most economical and efficient. and bysue number, not exceeding 3. of said committee.as they may deem adrisablo.
Mr. ROSS. Iobject and then, on motion of
Mr. CONKLING. (at 4 oclock and 30 minutes p. m.) the House adjourned.
@@@IN SENATE SENATE. Tussnav, April 24, 1866. Prayer by the Chaplain, Rev. E. H. GRAY. The Journal of yesterday was read and approved. EXECUTIVE COMMUNICATION.
The PRESIDENT protempera laid before the Senate a message from the POTUS, transmitting, in answer to a resolution of the Senate of the 18th instant, a communication from the SecyWar, covering a copy of the proceedings of aboard of officers in relation to brevet apointments in the regular Army; which was ordiared to lie on the table, and be printed.
Mr. CLARK, it was Ordered, That thememorial of MargarctA. Laurlc. praying for compe sation for property destroyedby the U.S. crossin the DistCol, be taken from the files of the Senate and referred to the ComcClaims. REPORTS OF COMMITTEES.
Mr. SHERMAN, from the ComFinance, to whom was referred the bill (H.R.No. 261) making appropriations for the consolar and diplomatic expenses of the Government for the year ending 30th June, 1867, and for other purposes, reported it with amend merits. He also, from the same committee, to whom was referred the bill (H.R.No. 397) to authorizethe coinage of live cent pieces, reported it without amendment.
Mr. CHANDLER, from the ComCommerce, to whom was referred the bill (S.No.196) to extend the port of entry of the collection district of the State of Oregon, reported it with an amendment.
Mr. CLARK, from the ComClaims, to whom was referred the petition of Geor Mack, and others, enlisted men of company, 8th regiment U.S. Veteran volunteers, prayin for the payment of bounty due tothem which was lost through the carelessness or fraud of a Government Officer, submit ted an adverse report thereon; which was ordered to be printed.
Mr. POMEI OY. I ask leave to introduce a JtResolution to go with that report in the case of George Mack, and others, and that it be printed, so that when the subject comes up for consideration I can move this JtResolution as a substitute for the resolution of the committee. There being no objection, leave was granted to introduces JtResolution (S. It. NO. 72) for the relief of George Mack, and 24 others; which was read twice by its title, and ordered to be printed. INTERIOR DEPT CLERKS.
Mr. SHERMAN. I am directed by the ComFinance to report a bill to reor ganize the clerical force of the Dept of the Interior, and for other purposes. This bill was framed by the Interior Dept, and the ComFinance are of opinion that they ought not to consider it, because it does not fall within their appropriate duties, but that they thought the subject was of sufficient importance to have the matter referred to a select committee to be composed of the chairmen or representatives of the various committees of this body having charge of the respective bureaus of the Interior Dept. If such be the pleasure of the Senate, Iask that the bill be read twice, and referred to a select committee. The bill (S.No.282) to reorganize the cler ical force of the Dept of the Interior, and for other purposes, was read twice by its title.
Mr. SHERMAN. I move that this bill be referred to a select committee of 5 members; and I make the suggestion, simply on behalf of the ComFinance, that the select committee be composed of the chairmen of the several Committees on Indian Affairs, Public Lands, Pensions, Patents, and Printing. These subjects are all referred to in the bill. I
The PRESIDENT protempore. It is moved that the bill be referred to a select committee consisting of the gentlemen named by the Senfrom Ohio. The motion was agreed to; and Messrs. Doo LITTLE, Pounaor, AsrnoMr. LANE of Indiana, and Gowns, constitute the select committee. PRINTING APPROPRIATIONS.
Mr. SHERMAN. The ComFinance, to whom was referred the bill (H.R.No. 500) making appropriations to supply deficiency in the appropriation for the public printing for the seal year ending June 30, 1866, have instructed me to report it back without amendment, and as we are informed by the gentleman at the head of the Printin Bureau that the money is immediately neede to pay current expenses of public riutin, I ask for the present consideration of the hi i. B unanimous consent, the bill was considere as in ComWhole. It appropriates, to supply deficiencies for the fiscal year ending June 30, 1866. for the public inting, $115,000; forpaperforthe public printing, $460,000; for the public binding, $95,000. It also proposes to empower the Superintendent of the Public Printing to employ an additional clerk, of class 4.
Skip Skip The bill was reported to the Senate, ordered to a 3rd reading, read the 3rd time, and passed. MESSAGE.FROM HHE HOUSE. A message from the HoRep, by Mr. LLoin, Chief Clerk, announced that the House had passed a JtResolution (H.R.No. 116) to prevent the introduction of the cholera into tie ports of the U.S., in which the concurrence of the Senate was requested. ENROLLED BILLS SIGNED. The message further announced that the Speaker of the HoRep had signed the following enrolled iiills; which were thereupon signed by the President protem.pore: A bill (S.No.146) for the relief of Thomas F. Wilson, late U.S. consul at Bahia, Srwl;, IA bill (H. B. No, 472) for the relief of fissrge Ii. Frank, late captain 33rd regimen. Wisconsin volunteer infantry, and A bill (H.R.No. 600) making appropriations to supply deficiency in the appropriution for the pub in printing for the fiscal year ending Jone 30, 1866. CLAIMS OF LOYAL CITIZENS. I
Mr. WILLEY asked, and by unanimous consent obtained. leave to intro ace:1 JtResolution (S.R.No. 73)for the relief of loyal citizens of the counties of Berkeley and Jcerson, m the State of WestVirginia; which was read twice by its title.
Mr. WILLEY. With the indulgence of the Senate, I desire to make a remark or 2 in reference to this resolution; but before doing so, With the permission of the Senate, I ask for the reading of the resolution at large.
The Secretary read the JtResolution, as follows: Ifrsolvmf, lfl. That the 2nd and 3rd sections of the not entitled “An act to restrict the jurisdiction of the Court of Claims and to provide for the payment of certain demands for quartermasters storesand subsistence supplies furnished to the Army of the U.S., " approredJuly 4, 1864, be and the same are hereby.ma s applicable to and shall include. claims of loyal citizens of the counties of Berkeley and Jefferson, in the State of WestVirginia.
Mr. WILLEY. The 2nd section of the act of July 4, 1864, referred to in this resolution, is in these words: " Sec. 2. Abife:.That all claims of loyal citizens, in Statesnot in rebellion. for nar termnsters stores actually furnished to the may of the U.S and receiptedfor by the properofficer receiving the some, or which may have been taken by such Officer without giving such receipt may he submitted to the QuarterMGen of the U.S., accompaniedwith such roofsas each claimant can grcsent of the facts in is case; and it shall be the duty of the QuarterMGen to cause such claim to be examined, and if convinced that it is just and of the loyalty of the claimant and that the stores have been actually received or taken for the use of and used by said Army, then to report such case to the 3rd Au ditor of the Treasury with a recommendationfor settlement." The 3rd section refers to subsistence supplies, and is of like tenor with the 2nd section, referring them for proof to the Commis sary General of Subsistence. It seems that the quartermasters Dept, for some cause unknown to me, have excluded the counties of Berkeley and Jefferson from the operation of these 2 Wions of the act O 1864.
Mr. TRUMBULL. If the Senfrom WestVirginia will allow me, I will state that this subject has been before the ComJudiciary, and a bill has been reported from that committee, and is now pending in the Senate, recommending the extension of the provisions of the act which he has just read to loyal persons in all portions of the U.S. I apprehend that would cover the object which the Senator has in view. perhaps that bill has ese aed his notice. It is on the table, and it is the intention of the committee to call it up at the very 1st opportunity.
The PRESIDIENT protempore. The Senfrom WestVirginia asks for the present consideration of the resolution introduced by him. Is there any objection? Noobjection being made, the resolution is before the Senate as in ComWhole.
Mr. WILSON. The resolution isYery brief, and I should like to hear it read again. The Secrets read it.
Mr. TRUM ULL. Is that resolution intended to be put upon its passage? It has not been referre to any committee. Has it come from a committee?
Mr. TRUMBULL. I think such a resolution ought not to pass without consideration. This whole subject has been carefull considered during the present session an the law to which reference has been made, the law of 1864, I think, has been somewhat modified in the bill which has been reported, and which is now pending before the Senate, and will embrace this case. I do not think we ought to act on a resolution opening the door for the allowance of claim any Wider than it was opened by the prenous act, until we consider the whole subject, as we shall do in the bill of which the Senfrom Vermont [Mr. POLAND] has charge, and which will be called up at an early day. If this JtResolution passes, anotherJtResolution maybe offered tomor row to embrace some other county, and another the next day to embrace some other county, and another the next da. This JtResolution has not been considered by an committee, and I trust it will not be presse to a vote at the present time. It has not even been tinted. I move that the pendin resolution e referred to the ComcClaims.
Mr. WILLEY. It seems to me that the honorable Senfrom Illinois could hardly have looked at the case as it actually exists. The act to which he refers is dated July 4, 1864. WestVirginia became a State on the 20th day of June, 1863. The act of July 4, 1864, provides for claims of loyal citizens in States not in rebellion. At the time of the passage of the act of the 4th of Jul, 1864, these 2 counties were within a loya State, and the claims of loyal citizens in the remainder of the counties in that State have met with no difficulty at the Dept. It seems to me an unjust and offensive discrimination against the loyal citizens oftwo counties of the State, that their claims should not be heard, while the claims of the loyal citizens of the other counties in the State have been adjusted without an difficulty. WestVirginia became a State on I. e 20th of June, 1863; this law was passed July 4, 1864, more than i It}! afierwards, so that these 2 counties were in. point of fact a part of the State of WestVirginia more than a year before this act was passed. The object of the resolution is to correct this unjust discrimination and official mise onstruction of the law as it really did exist. Congress has just given its assent to the annexation of these 2 counties to WestVirginia. Therefore I trust, not merely for the sake of allowing the loyal men in these 2 counties to have their claims adjusted, but for the sake of a sense of pride on the part of the State of WestVirginia, these 2 counties maybe placed on atequal footing with all the ot ier counties in e to.
Mr. CLARK. I have alwaysbeen in favor of paing the claims of lo:11men in the country wherever found; but hardly see the necessity of the haste which the Senfrom WestVirginia manifests by desizing to have this resolution considered at the present time. [do not make objection to its consideration, but I think it should go to some committee who should make an examination of it. If it is all right, there will undoubtedly be a favor able report; and it would be more satisfactory to the Senate to know precisely where we areing. I do not desire to have it go to the comClaims, but I think it had better go to the ComJudiciary who had this whole matter under consideration. I have no doubt they will report at an early day, and perhaps that will be more satisfactory to the Senate.
Mr. WILLEY. There being objection on the part of Senators, of course I do not feel like urging it.
Mr. CLARK. I do not make an objection to its present consideration. I only point out the course which I think the resolution had better take; and I move its reference to the ComJudiciary, if the Senfrom Illinois will withdraw his motion, because that committee had the whole matter under consideration and they can report at a very early day, should the other bill not pass, which I think will be satisfactory.
Mr. TRUMBULL. I am not particular about the committee it goes to; but I do not wish to be understood by the Senfrom WestVirginia as at all opposed to the object he has in view. I resume I am for it; I agreed to the bill which has already been r orted from the ComJudiciary. with draw the motion to refer the resolution to the ComClaims. It is immaterial to me to what committee it goes.
Mr. CLARK. I move that it be referred to the ComJudiciary. So far as informed at the present time, I will say to the Senfrom WestVirginia that I think I am entirely in favor of it, but I desire simply to examine it and know where we are going. The JtResolution was referred to the ComJudiciary. HOUSE BILL REFERRED. The JtResolution (H.R.No. 116) toprevent the introduction of the cholera into the of the U.S., was read twice E its title, and referred to the Committee on DONG. NAVAL OFFICERS VISITING WASHINGTON.
Mr. GUTHRIE submitted the following resolution; which was considered by unanimous consent, and agreed to: Rtmleed. That the SecyNavy be requestedto communicateto the Senate copics of any order}of the Depts which do privo officersof the Navy who are not on dot of the privileges of punch! of the U.S. with respect to their privileges of passingfrom one State to another or to the city ofW:isliinirton: also, whether the Dept has refusedto permit officorsto visit Washington for the purpose of personal appeal to the POTUS or to Congress in their own cases and if so by what authority this right is withdrawn from them as citizens of the U.S. CAPTLKEOF JEFFERSONDAVIS.
Mr. HOWE. I otIer the following resolution and ask for its present constderationi Bunioai, That the SecyWar he requested 2 hcicohmtmheunaic water to of the Senate isasllioenvaipdpeonienet8iaptoon allowed to participate in thorowa. examine the different claims to the reward offered for the approhension of JeffersonDavis was based, and cspe ally copies of the reports of Lieutenant Colonel D. B. Prilchard, of the 4th Michiuan caV iilry and of Lieutenant Colonel Henry Ilurndeii, of tho1stWise onsincavalry, togethorwitheopicsotthe ordersunder which the above namedofllocrerespect ively acted.
Mr. COWAN. I should like to know if the purpose of the resolution is to assail the valiity of the award.
Mr. HOWE. I want to get the evidence on which the award was made. I do not know whether I shall assail it or not until I see on what evidence it was made. I have some reasons to think, however, that the award is not justified by the evidence.
Mr. JOHNSON. Has the amount been distributed?
Mr. HOWE. No, sir, and cannot be, I take it, until there is an appropriation.
Mr. JOHNSON. I thought there was an appropriation in advance.
The PRESIDENT protempore. The Chair will ask whether the present consideration of the resolution is objected to.
Mr. CHANDLER. I presume the Senator can get the information he desires by a plying to the Provost Marshal General or to the SecyWar. I do not know that there is any particular national importance in the question whether the lieutenant colonel of a Wisconsin regiment or the lieutenant colonel of a Michigan regiment receives the money. It has been carefully adjudicated and decided. I understand that there is a little conflict of opinion between these 2 officers as to which is entitled to the reward. The fact is that the Michigan colonel caught him and has been decided to be entitled to the money. I do not care who sees the evidence, but I do not see what importance it is to this body.
Mr. COWAN. If this information was communicated, and it maybe very volumine us, it will have to be printe; and if printed, for what purpose? There is no right of up cal that I line w of to this body unless it shouldhiise when a question of appropriation comes up. I should suppose that then it would more properly come up than now. I have no disposition to enter into the controversy which exists between Mich i an and Wisconsin on this subject. I hope the services of both in this behal will be paid, and well paid, but I do not want to throw good money away after bad.
Mr. HOWE. I do not understand exactly the philosophy which controls this discussion. This resolution simply proposes to ask the SecyWar to communicate to the Senate of the U.S. the evidence upon which that award was made. Itake it that evidence will not hurt the Senate, and it will not hurt the country. The Senfrom Pennsylvania suggests that there can be no possible good derived from communicating here the evidence, because there can be no appeal taken from the award of these commissioners. I think the senator is mistaken about it. An up eal can be taken. I do not think the award of these commissioners binds the Congress of the U.S. to upropriate a dollar unless the congress of the U.S. are satisfied that the award is correct and ought to be paid. There was a bounty offered to those persons who should capture JeffersonDavisin his flight. It has been decided by the odicers who were detailed to examine the question that certain individuals are entitled to the award. I do not know that the decision is not just. I have an impression that it is not just. I think the public is in no sort of danger if the Senate is allowed an opportunity of looking at the evidence and determiningfor themselves whether it is correct or not. I do not know that I shall dissent from the award. I do not know that the 4th Michigan cavalry did not earn it. I am advised officially that the 4th Michigan cavalry did not. get it; only a small portion of the regiment. If it was earned by that part, my impression is it was earned by more of the co 5 than are I do not undertake to say that the 1st Wisconsin cav alry is entitled to anv portion of it. I have a decided impressiont at a portion of the 1st Wisconsin cavalry is. But let us see the evidence. My friendfrom Michigan does not objectto that.
Mr. CHANDLER. It is very volumine us. I suppose it is a large volume, and it will cost several 1,000 dollars to publish it. If the Senator will change his resolution, and ask that the evidence be furnished to him in manuscript for his examination, I shall certainly vote for it. I am in favor of his having it all. I am satisfied with the award.
Mr. HOWE. The evidence, I think, will compose about as small a volume as you are in the habit of seeing, and whether we shall print it when we get it or not will be a matter or the Senate to determine when they have seen it. I think the evidence will consist mainly of a brief report from Lieutenant Colonel Pritchard, commanding the 4th Michigan cavalry, and quite as brief a one from Lieu tenant Colone? Harnden, commandin the 1st Wisconsin cavalry. That is about the evidence, I ucss, there is on the point. If there is more, shall be glad to see it.
Mr. CONNESS. There is much more. The resolution was agreed to. PAY OI ARMY OFFICERS.
Mr. WLSON. I move to take u House JtResolution No. 101, for the relic of certain officers of the Army. The motion was agreed to; and the JtResolution (H.R.No. 101) for the relief of certain officers of the Arm, was considered as in ComWho 9. In every case in which a commissioned odi cer actually entered on duty as such, and was entitled by law to be so mustered in, but by reason of being killed in battle, captured by the enemy, or other cause beyond his contro, and without fault or neglect of his own, was not mustered accordin to the regulations within a period of not. Iess than 30 days, the pay Dept is to allow to such officer full pay and emoluments from the date on which such officer actually entered on such duty, deducting from the amount paid in accordance with this resolution all pay actually received by him for such period.
Mr. RAMSEY. I propose to amend the resolution by striking out in the 4th and 5th lines the words and was entitled by law to be mustered in as such;” and by striking out in the 8th line the words “ according to the reulations, ” and then after the word “days, in the 9th line, by inserting “from acceptance of any appointment or actual entry upon duty, and who was afterward regularly musteredinto the service of the U.S. " This amendment has been brought to the attention of the ComMilAffairs, and I believe I may say that the chairman is satisfied with it and thinks it meets a case which ought to be provided for. The resolution, if amended as propose, would read than: That in ovary casein which a commimionedofficer actually enteredon duty an such commissionedoil cer. but by reason of being killed in battle, on turn by the enemy, or other causebeyondhis contro and without fault or neglectofhis own,Wvas notmustered within a period of not 1mmthan 30 daysfrom acceptanceof appointmept or actual entrytarponduty, and who was nfterwun regularly muster into the serviceof thoU.S. the payDeptshall allow to such of the er full pay and emolumentsfrom the date on which such otheer actually enteredon such duty as aforesaid, (IQ"lllCilnRfrom the amount paid in accordancewith this resolution alldpayactu ally receivedby such officer for such perio. The amendment was agreed to.
Mr. SHERMAN. I desire to suggest that there is One diiliculty in the resolution as it now stands. It speaks of an Officer who has not been mustered in by reason of having been killed in battle; and then it goes on to provide that afterward, if regularly mustered into the service of the U.S., he shall have his pay. Certainly the condition would not arise other he has been killed; he meant then be mustered into our Army. The purpose may be good enough, but the language is liable to this criticism.
Mr. WILSON. I prefer that the resolution be passed over, in order that we may look at the exact heariii of the amendment which has been adopted. did not see all of the amendment before it was offered.
Mr. GRIMES. I suggest that it be riuted.
Mr. WILSON. I move that the further consideration of the resolution be postponed until tomorrow, and that it be printed as amended. The motion was agreed to. PROTECTION to U.S. OFFICERS.
Skip Skip A message from the HoRep, by Mr. Ltori), Chief Clerk, announced that the House had non-concurredin the amendments of the Senate to the bill (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, and requested a conference with the Senate on the disagreeing votes of the 2 Houses thereon and had a pointed Mr. JAMES F. WILSON of Iowa, Mr. Shawna McKsn of Kentucky, and Mr. B. M. Borsa of Pennsylvania, managers of the conference on the part of the HoRep.
Mr. CLARK. I move that the Senate insist on its amendments to the bill just received from the HoRep and agree to the conference, and that the committee of conference on the part of the Senate be appointed by the Chair.
Mr. HENDRICKS. I wish to ask the Senfrom NewHampshire if he is advised upon what amendments there is a disagreement.
Mr. CLARK. There was but one amendment that was of importance, and I suppose it must be upon that. That was in regard to the time at which the bill should cease to operate, with the amendment proposed to it by the Senfrom Indiana. I suppose that is the amendment upon which the House must have disagreed with us, because the others were merely verbal. I will say to the Senfrom Indiana that there is but one course to be taken, and that is to insist upon our amendments and agree to the conference, or else to recede from our amendments, and I do not suppose the Senator would be willing to recede.
Mr. HENDRICKS. No, sir; I think the Senate oughtto insist; but then the chances are that when the committee of conference is appointed we shall not see the amendments again. I wanted to know what questions were to be submitted to the committee.
The PRESIDENT prolempore. The estion is on the motion of the Senfrom NewHampshire. Thaimotion was agreed to. CONTRACTORS FOR VESSELS and MACHINERY., Mr. NYE. I move to take u the bill for the relief of contractors for double enders and iron clads. The motion was agreed to; and the Senate, as in ComWhole, resumed the consideration of the bill (S.No.220) for the relief of certain contractors for the construction of vessels of war and steam machinery, the pending question being on the motion of
Mr. NYE to amend the amendment of Mr. Camus by striking out “ 12 ” and inserting “ 15.”
Mr. HENDRICKS. I had thought of submitting a very few remarks to the Senate with regard to this measure, but have concluded that it is better that we shall vote upon it, as the Senate very generally understand it. I suggest to the Senfrom Nevada, in order that we may come to a vote upon it at once, that he withdraw his amendment to the amendment of the Senfrom Iowa, and allow the Senate to vote upon that proposition.
Mr. NYE. I am ready to do so. I with draw in amendment to the amendment. The PRESIDENTpro tempore. The amendment to the amendment being withdrawn, the question now is on the amendment of the Senfrom Iowa, which will be read.
The Secretary read the amendment, which was to strike out all of the bill after the 1st clause, and in lieu of the words struck out to insert the following: That the SecyTreasury be directed to pay, out of any moneyin the Treasur not otherwise appropriated, to the several artiest c awards made in their favor by the naval onrd organized under the resolution of the Senate. adoptedMarch 9, 1865. the awardsbeing made under date of December 23, 1865, and reported to the SecyNavy: Provided. That the payment shall not in any case exceed 12%. upon the contract price. exceptin the casopfthe Comanche, in which casethe award shall be paid in full. The amendment was agreed to.
Mr. SUMNER. I now offer this amendment to come in as a new section: SEC. Abife: That in the 08809 of Donald McKay, of Boston. assnchusetts.who built the Ashuelotand machinery and Miles Greenwood, of Cincinnati. Ohio, who built the Tippeca no0. whose contracts have been completed to the satisfaction of the Dept, and who were prevented from appearing beforethe naval board shall be entitled to the same rate of compensationas is authorized to he paid to other parties building the sameclass of vesselsand machinery; and such pag ment to be made to them out of an money in t Treasury not otherwise appropriate, under the supervision and direction of the SecyNavy. provided the evidence submitted for his examination lly establishes the right of the said parties to compensation. I believe there is no question on this amendment. I have conferred with Senators who are interested in this subject hand I believe I have their concurrence in moving the amendment. The Senfrom Nevada who has the bill in charge is familiar With it, so is the Senfrom awe, and I understand that the Navy Dept also is familiar with it, and that it has the cordial concurrence of that Dept. I think there is no question in regard to it. The amendment was agreed to.
The PRESIDENT protempore. The question is on concurring in the amendments made as in ComWhole.
Mr. HENDERSON. I now move to post pone the cousideration of the bill and amendments until the 1st Monday of December next, and upon this motion I call for the yeas&nays. The yens&nays were ordered.
Mr. MCDOUGALL. I desire to inquire of the Senfrom Missourithe reason why he asks this postponement. I should like to hear the reason.
The PRESIDENT protempore. The morning hour having expired, it becomes the duty of the Chair to call up the unfinished business of yesterday, which is the bill making aproriations for the benefit of the Post dice Dept.
Mr. NYE. I hope we maybe allowed to get a vote on this question. trust the Senfrom Ohio will permit us to come to a vote upon it.
Mr. POMEROY. There is a special order for today, which I should like to have the Senate proceed with. The PRESIDENT protempore. There isa special order, but the unfinished business of yesterday takes precedence of the special order.
Mr. POMEROY. I know that the unfinished business takes precedence, but it is within the province of the Senate to proceed with the consideration of the special order if they so determine.
The PRESIDENT protempera. The unfinished business of yesterday is before the Senate, of course subject to the order of the Senate to be postponed or delayed at their pleasure.
Mr. HENDRICKS. I wish, almost as a personal favor, that this bill for the relief of these contractors could be disposed of this morning, as I desire to leave the city in a day or 2, to be gone for a few days, and I should like to have it disposed of before I leave. I feel some little responsibility about it, as it was referred to myself and other gentlemen as a sub committee. I believe the friends of the bill do not propose to discuss it at any 101g?.
Mr. HENDRICKS. But a few minutes, I think. We do not wish to discuss it.
Mr. CLARK.I an gest to the Senfrom Indiana that perhapst e bill had better O over until his return. do not think it is li ely to suffer from delay. I will say to him that I have never been so much embarrassed by any measurebefore the Senate since I have been a member of it, and that by reason of these cases being lumped together. I have no doubt there are some meritorious cases in the bill from the examination that I have been able to make, but they are loaded down by others that ought not to pass; and I think we should endeavor to see if we cannot contrive some way to relieve the Senate of this difficulty, so that we may have some discrimination in regard to these cases. I make this suggestion to the Senator in a friendly spirit, because I feel that some of these men should be relieved I cannot say, how many; but it seems to me to be the better way to legislate for individual cases, if we can contrive some way to do it. I have no personal wish about it. I make the suggestion to him as to the best course to be taken with it.
Mr. HENDRICKS: I know that is the feel in of the Senfrom NewHampshire, but it is doubtful if we can really get to understand this case any more thoroughly than we now understand it, and if it is postponed until late in the session, the difficulty would be to secure a consideration of it in the HoRep. These parties are much pressed, and ought to have some relief; and as this is not Quite half as much as the board allowed them, I thought it certainly would be adopted by the Senate. f1 we could agree upon any plan safer to the Government and more just to the parties, I would be willing to do it. I have censidered the subject in every light possible. I thought myself that the safer way was to adopt the report of the board, but as Senators for whose Judgment I have a great deal of respect thought that was giving too much, and the chairman of the ComNavAffrs proposes 12%. on the contract prices, a reduction, I believe, of more than one half, I thought we might avree upon that.
Mr. ELARK. I will state to the Senatorthe difficulty which is likely to occur, and which will embarrass us, perhaps, to some extent. Here are some 42 or 43 of these claimants put into one bill. They do not include all this class of cases; and we are continually in the receipt of letters from other parties, who say, “ We do not claim anything upon our contracts; we tookacontract, we have fulfilled it, and though we have lost by it, we are bound by it; we O not ask anything; but if these parties are to be relieved by ageneral bill, we ought to be relieved also.” How can the Senate resist such an application?
Mr. HENDRICKS. So liiras my knowled c goes on that subject, I think this bill, with tfie amendment proposed by the Senfrom Massachusetts. really covers about all the cases that have any equity. There is one case, I will state to the Senatou, which is not here, but which I think will address itself forcibly to the Senate, and that is the case of Mr. Webb, who constructed the Dunderherg, a grand vessel, perha the greatest vessel of war in the world. shal be in favor, so far as I know anything about his case, of giving him some relief. I think he has produced the greatest vessel, perhaps, in the world; but he could not present his case to the board, and he will have to appeal it on the merits of his so arate case. I do not now of any other than that one.
Mr. POMEROY. I move that the Senate postpone the consideration of the present and all other orders, and proceed to the consideration of the special order, which is the bill for the admission of Colorado into the Union.
Mr. NYE. I hope the Senfrom Kansas will withdraw that motion long enough to enable us to get a vote on this bill.
Mr. POMEROY. If the Senate is ready to vote on this question [am willing to allow the special order to be laid aside temporarily for at purpose; but if we are to have no vote upon itl think we had better proceed to the consideration of the 5 coal order.
Mr. CLARK. It is pretty evident, if the Senator will allow me, that we cannot come to a vote at once. There is pending the motion of the Senfrom Missourito postpone the bill until the 1st Monday of December next, and then, if that is defeated, and the bill is to pass, I desire to propose an amendment to it before it does pass and that. will necessarily take some little time.
Mr. CLARK. I do not know, but I think we had better go on with the subject that is regularly before the Senate.
Mr. HENDRICKS. If that is the view of the Senator, I will move that this bill be made the order of the day for tomorrow at half past 12 oclock. lhe IRESIDENTpro temporc. The motion now before the Senate is to postpone the present and all prior ordersand proceed to the conaideration of the bill for the admission of colorado into the Union.
Mr. HENDRICKS. I move that this subject be made the special order for tomorrow at half ast 12 oclock.
The ItESIDENT protempera. There is another motion before the Senate.
Mr. NYE. I hope the Senfrom Kansas will withdraw his motion long enough to alien" the motion to be put on postponing this subject until tomorrow.
Mr. conNESS. I hope it will not be made ase cial order in the morning hour.
Mr. POMEBOY. I have no objection to It could not be passed i this bill being considered tomorrow, and I am i willing to make it the special order for tomor row at one oclock; but I think we had better proceed now with the consideration of the special order. It has been postponed from time to time, and by a sort of unanimous consent it was agreed that it should be considered today.
Mr. HENDRICKS. There is nobod opposing that. My motion is that this suhect be madethe specialorderathalf past 12 oclock tomorrow.
The PRESIDENTpr o tempore. The motion before the Senate is to postpone the present and all prior orders and proceed to the consideration of the special order, and that motion must be put unless it be withdrawn.
Mr. POMEROY. I will withdraw that in order to allow the motion of the Senfrom Indiana to be made.
Mr. HENDRlCKS. Then I move that this subject he made the special order for tomor row at half ast 12 oclock. The PR SIDENT protempore. the question really before the Senate is the bill maing appropriations for the postoffice Dept, but that bill will be considered as laid aside, if there be no objection, in order to entertain the motion of the Senfrom Indiana, which is, that the bill recently before the Senate for the relief of certain naval contractors be post poned to and made the special order for tomorrow at half past 12 oclock.
Mr. CONNESS. I hope it will not be in truded into the morning hour. Several Sermons. Sa one oclock.
Mr. HENDRICKS. Very well; I will so one oclock. The motion was agreed to. ADMISSION OF COLORADO.
Mr. POMEROY. I now renew the motion to postpone all prior orders and proceed to the consideration of the bill for the admission of Colorado.
Mr. SHERMAN. As the postoffice appropriation bill is the unfinished business, and I ope will take but little time, I think we may as well proceed with it. There will be time enough to pass both bills today. I hope, therefore, that the postoffice bill may he proceeded with for awhile, and if we find that it is going to take up much time we can then postpone it. It is now in order and is before us.
Mr. TRUBIBULL. I should like to inquire if the Colorado bill was not the order of the day at one oclock.
The PRESIDENT protempore. Itwas made the special order for today at one oclock, by a vote of the Senate, but the unfinished business of yesterday, by the rule of the Senate, takes precedence of the special order and the unfinished business is the Post Othee appropriation bill.
Mr. MCDOUGALL. It is my opinion that the ruling of the Chair in this particular case is not according to the law, and I will state my reason as a point. of order. The special order supersedes the order of business, and if the Chair determine upon reflection to rule otherwise I shall be compelled to take an appeal; because these are laws that should be under stood, and have to be studied to be learned. A special order overcomes the regnlar order of business, both in the HoRep and in this body, as I have understood it. I think if the President of the Senate will consider for a moment he will agree with me that a special order made by he Senate, for action upon a particular subject atra given hour, governs the regular order of business. In risin to question the judgment of the President do not propose to reason;Irather rose to suggest that Senators may consider the subject, or it is a matter which, as a precedent, may be of great importance. When the Senate make a special orderit is to be relied upon as the voice of the Senate, giving the right to the subject mntter at the hour appointed, independent of the ordinary course of business, So ithas been understood always. as far as mi}; knowledge runs, in regard to parliamentary w. I do not profess to be very highly versed in these thin 3. but it. seems to me that logically it must be true: and I think if the President will consider carefully he will agree with me. If the president insists upon the ruling which he has madev I shall be compelled to take an appeal from the decision, for the purpose of ascertaining what is the law of the Senate.
The PRESIDENT protempera. The Chair will call for the reading of the 15th rule of the Senate.
The Secretary read it, as follows: “15. The unfinished businessin which the Senate was engagedat the last precedingadjournmentshall havethe preferencein the special ordersof the day."
Mr. SHERMAN. There is no doubt at all about the rule. It is not only clear by the rule, but it has been the daily practice of the Senate ever since I have been a member of the body; probably 50 times in the session the unfinished business takes precedence of all other special orders. But I rose to so that I find it is the desire of the Senate, as this day was set.apart for the consideration of the colorado bill, to proceed with it, and I therefore have no objection to postponing the postoffice appropriation bill. I give notice that lshall cal it up at an early day, in order to get it passed.
Mr. MCDOUGALL. “When ignorance is bliss, it is folly to be wise.” My wisdom I Withdraw.
The PRESIDENT protempore. The question is on postponing the present and all prior orders to roeced to the consideration of the Colorado ill.
Skip Skip The motion was agreed to; and the Senate proceeded to consider the motion submitted by in wXLSON to reconsider the vote by which the Senate rejected the bill (S.No.74) for the admission of the State of Colorado into the Union, upon which the yeas&nays had been ordered.
Mr. KIRKWOOD. The Senator will allow me a moment. Will not the Senator find the statement he has just read from the surveyor generals report, word for word and leth r for letter, in the a or submitted by Mr. Evans and Mr. (.halfee hen wherein is the misrepresentation, I should be glad to know, when the very words read by the Senfrom Massachusetts are in the report signed by those gentlemen?
Mr. RAMSEY. Does not the Senator recognize a difference between agricultural and pastoral lands?
Mr. NYE. The 2 and ahalf millions are agricultural, the other are pastoral lands.
Mr. POMEROY. lack the Senatorif there is any other way of getting to Montana from the East except by going through Colorado. Do notthey alhave to go through Colorado 7,
Mr. SUMNER. Yhen he so a they went there from Colorado I interpret that he meant that the made Colorado a temporary home.
Mr. POMEROY. They may have staid there over n1 ht.
Mr. SUMNER. He could not mean any such thin. That would be playing with words. He says he estimates the population of Montana at nearl 40,000, “one 4th of whom went there from Colorado and are still going.” Whatis the natural meaning of these words? Obviousl that they are emigrating from Coloradopto ontaiia.
Mr. POldEIlOY. They come to m own State in the same way from the East an from Europe. They go to Massachusetts in the same way, and then O on; but we do not argue from that that assachusetts is not a State, or that Kansas is not a State. This star of empire goes westward. These emigrants stop for a time in all the States. That is what that means, that they staid for a time in colorado and then they went on to Montana.
Mr. SUMNER. Butthe figures I have read it seems to me are sufficient. They explain themselves and answer the Senfrom an sas. They show this constant decrease; and thus, for instance, at the last election there were only 5, 005 voters. The Senfrom Nevada [Mr. NYE] refers me to a vote of 7,000 which occurred, as I understand, at the Governors election. I have been told that there are some circumstances of a peculiar character, some persons call them frauds, which affected that vote,so that I have not undertaken to discuss it. It was not cited in our debates the other day, and I have not chosen to introduce it into the discussion now.
Mr. SUMNER. The statement that I have before me from a citizen of Colorado, I will read, then: “The last vote in Colorado is not given for the reason that the canvas icrsthrew out a rest many of the ballots becauseillegally east or rat or because of monstrous frauds. Over 1,000, it is currently reported, were thrown out from onedistrict. he number returned from the several voting procincts was over 7.000.” Assuming that over 7,000 were returned and that 1,000 were thrown out in one district for fraud, you have that cutdown atonce to 6,000; but assuming that it is 7,000, what is all this compared to the original 10,000 votes with which the Territory began, and compared also to the splendid promises which the Senfrom Ohio made with regard to the Territory when he 1st called the attention of the Senate to it? and how do you account for this falling 011, except by the supposition, that the population is tempted to other lands westward? I have said that the Territory had been failing in population. I how remind you that it. has also been failin in agriculture. On that head I quote the authority of thesnrveyorgem eral of Colorado in his report dated August 15, 1865, as follows: "No land can be cultivated without irrigation. “The great drawback tothesettlornent of Colorado istowant of systemin the method of irrigation. An emigrant generally leaves the Mssouri river early in the spring, and arrives hero in time to make a provided he could find It farm already proa for working; this he cannot do and to digtho itch necessaryto irrigate afnrui will consume the whole summer and take more money than most emigrantshave. The consequenceis, that 1,000s comehere, spend afcw days trying to get afarm, and go on further west." There, a ain, is an answer to the inquiry of my friendfrom Kansas, [ML Pommom] It seems that the surveyor general of Colorado says that these emigrants, after spending a few days at Colorado vainly trying to get a farm there, O on further west.
Mr. POMEROY. They do recisaly that when they are in Illinois, and when they are in Missouri, and when they are in Kansas. Those men who are moving west only stop a little while. If they are not suited in one place they go on to another. That is precisely what this statement proves.
Mr. SUMNER. I give these figures from the finance report.
Mr. STEWA ltT. That must be the amount that went to the Mint. California has never produced less than 40 million dollars in any year.
Mr. SUMNER. Very well; it is the so far as report, it goes, of the Superintendent of the ltIint, founded on the receipts of that institution.
Mr. KIRKWOOD. I. desire toinguire if the Senator is giving us the figures officially communicated by the Director of the Mint?
Mr. SUMNER. Those figures are taken item the finance report of the SecyTreasur.
Mr. STEWART. That gives a very small fraction of the actual production.
Mr. SUMNER. It goes on the basis ofwhat is received at the Mint.
Mr. STEWART. But a very small portion of the product of the country goes to the Mint. We are producing annually int e U.S., according to the best estimate we are able to get, $100,000,000 of gold and silver, while, according to the report on which the Senator relies, only about 20 millions go to the Mint.
Mr. STEWART. I would inquire of the Senator if at the time he voted fort is enabling act he supposed that the laws of Colorado allowed nigroes to vote.
Mr. SUMNER. If the Senator will be good enough to wait till I come to that point I shall answer it. I would rather not answer it now, but in the properplace.
Mr. STEWART. Then I have another question to ask, founded on that.
Mr. SUMNER. You had better, perhaps, ask me then.
Mr. TRUMBULL. If the Senfrom Massachusetts has the territorial statute by him I Wish he would read it. I do not understand that any negro ever did vote in Colorado, and I do not understand that there ever was a law of that Territory declaring that “any person" should vote. My information in regard to it is that the right of voting was confined to citizens, and they eld in Coloradopthatane prowas not a citizen. That is not my opinion, at that was their opinion, and in point of fact no colored person ever did vote there. The language is not, according to my information, as the Senator reads it. I wish by wauld read the exact language if he has the statute. The admissionof Colorado
Mr. SUMNER. I have read it from the Governors message I will read it again.
Mr. TRUMBULE. Does he quote the statute?
Mr. SUMNER. He quotes it precisely, and he gives it the interpretation I do. As he quotes it the word “citizen” is not there, and it reads thus: " Every male personof the ageof 21 years or u ward who shall have resided in the Territo for t reo months next preceding an election shul be deemed a qualified voter at such acation."
Mr. TRUMBULL. I have not the statute, but my information is “ that the word used was citizen."
Mr. HOWARD. What was the date of the statute?
Mr. TRUMBULL. Before the Senatorpro ceeds to that point, as I asked him a question a moment ago whether colored persons ever voted in Colorado, and as I stated that I had been informed that they did not vote there, and that the act under which he supposed they voted was confined to citizens, and that the term “citizen” was construed in Colorado not to embrace colored persons, I desire to read the statute. He read from what purported to be the law of Colorado; but I find, on an examination of the statute which I hold in my hand, that the right of suffrage was confined to citizens.
Mr. SUMNER. Do you refer to the organic statute?
Mr. TRUMBULL. I refer to the statute of Colorado, which the Governor professes to interpret in his communication from which the Senfrom Massachusetts read, in which he says that all persons 21 years of age being males were entitled to vote. such was not the law of Colorado.
Mr. TRUMBULL. I have the statute before me and I will read it. What he has noted is true; but it is only a part, and it misled the Senfrom Massachusetts. I will read the section: “That every male personof the oneof21 yearsor upward belongingto either of the following classes.who shall have resided in the Territory for 3 months next preceding any clection, and ten daysin the township precinct, or ward. in which he offers to vote. shullpbe deemed a qualified voter at su“ch election: 1. “ Citizens of the U.S. 2. Persons of foreign birth who have declared their intention to become citizens conformably to the laws of the U.S. on the subject of naturalization. “3. Persons of Indian blood who have been declared by treaty to be citizens of the U.S. " Those classes only can vote; and the Senator will see that the Governor by quoting only the 1st line “every male person of the age of 21 years or upward, ” without noting the rest of the section, which goes on to declare “belonviu to the followin classes, ” misled him, and that the right of suErage was confined to citizens of the U.S and foreigners who had declared their intention to become citizens. Now, sir, I will not be understood as saying that in my opinion a colored person is not a citizen. I believe he is; but such was not the understaudin in Colorado, and no colored person ever did vote there, as I am informed by persons from the Territory; and certainly they could not vote unless they were citizens.
Mr. SUMNER. The Senator will indulge inein saying that I do not think his statement alters the case. I
Mr. TRUMBULL. That may be, but it is best to be right.
Mr. SUMNER. I submit that the statement of the Senator does not alter the case. Clearly it is best to be right. In the 1st place, I have followed the message of the actual Governor of the Territory. I felt that I could not follow better authority. I hold his message as communicated to the Legislature now in my hand.
Mr. STEWART. Now let me put my question.
Mr. STEWART. At the same time with the passage of the Colorado enablin act a bill was passed for the admission of Nevada. I want to ask the Senator if he voted for the ennblin act of Nevada. Thisecuabling act provide in the same manner that persons allowed to vote on the question of organization should be the same as those who voted for members of the Legislature, the in the territory. I wish to state for the information of the Senator that in the fall of 1861 Nevada passed a law excluding negroes from suffrage and it was on the statute book in 1864 and had been duringall that period from 1861 n 1501864. Hence I infer that it makes very litt e difference as to the principle upon which Congress acted at that time whether there was any provision in the laws of Colorado expressly prohibiling negro suffrage, because if there adbeen that could have been no objection as it was no objection in the case of Nevada. congress, then, in March. 1861, authorized the territory to be organized into a State and authorized them to confine the voting population to whites in makingthat organization, and did not require the extension of suffrage to the negro. At the same time, it is true, it said that the constitution formed should be in accordance with the DeclarIndep, but it authorized a particular class of rsons to 01 ganize it, being while persons a one, confined to them. By construin that act in connection with the Nevada ennbing act and the laws of Nevada, Congress provided that the State should be organized by whites alone and said that was in accordance with the DeclarIndep.
Mr. SUMNER. Now, I will proceed to answer, as I was trying to do when I was interrupted by the Senfrom Nevada, the Senfrom Illinois; but the Senfrom Nevada will allow me to say that I think it would have been better and more according to parliamentary rules if he had reserved hisquestion until I had answered the Senfrom line is. I think his question has nothing to do with that. Has it anything to do with the subject“?
Mr. STEWART. If you get at the substance I shall be satisfied.
Mr. SUMNER. As to the question of the Senfrom Illinois, I have this to say: the Governor of the Territory, whose message I hold in my hand, does not put upon the statute the interpretation which the Senator does. I have great respect for the opinion of my friendfrom Illinois, as he knows, but on this matter I submit that the Governor of the Territory on the s at, in a formal communication to the legislaurc is a better antherity even than my honorable friend.
Mr. Fresident, I have already said too much on this matter.
Mr. SUMNER. I beg the Senators pardon; I have no recollection of the Nevada case. I do not know whether I voted on it or not, and I consider the question as absolutely irrelevant. I am speaking now on the case of Colorado.
Mr. SUMNER. When I am done the senator can rocced. The RESIDING OFFICER, (Mr. As“ runs! in the chair.) The Senfrom Ne vada must not interrupt the Senfrom Massachusetts unless he yields the floor.
Mr. SUMNER. I have not said that. It was not in my argument.
Mr. DOOLITTLE. If my honorable friend will allow me, I wish right there to state afact that has ese aped his attention. With his permission, I may us well state it; here as at any other point. 20 years ago I advocated colored suffrage and voted for it. In the State of Wisconsin, ever since I have resided in the State, I was willing that colored men should 5 vote in it. This very fall that he speaks of, I advocated before our people to allow colored men in Wisconsin to vote, and I voted for it at the Oils.,
Mr. DOOLITTLE. But let me say to the honorable Senfrom Nevada, there was another thing that I advocated, and it was this: that each State had a right for itself to deter " mine the question, and that the Federal government had no right or constitutional power to impose on a State negro suffrage; that the right of a State to determine that question for itself was one. of the reserved rights of every State, under the Constitution. Igive the honorable gentleman notice now that if he, or the men who act with him here, shall undertake to impose negro suffrage upon a State of this Union, coming from the Federal Government as an exercise of authority here, he and any party or set of men who advocate it will be crushed under the force of public opinion and swe t out of power and out Of existence. I say to the honorable Senator that the rights Of States are of as much consequence as the rights of individuals. It is not the 1st time that on this subjectl have been misrepresented here and elsewhere.
Mr. STEWART. Let me inquire of the Sea ator whether he wishes to be understood that an attempt to amend the Constitution so as to effect. that end would crush the party.
Mr. DOOLITTLE. Isay that any party that advocates
Mr. DOOLITTLE. To reply to both the Senators from Nevada at once on the subject is more than I bargained for. I rose to correct my friendfrom Nevada, on my right, [Mr. vs.
Mr. DOOLITTLE. I will answer it if the Senfrom Nevada on my right is willing to give way. I am perfectly frank to say that any party, political or otherwise, which shall go before the people of the U.S. upon the idea that the Federal Government or the Federal Constitution is to impose n on the States negro suffrage against the will of the States, will go to the wall.
Mr. STEWART. That is not the question I asked.
Mr. DOOLITTLE. The question the Gentleman asked was, whether the States will accept a proposition to amend the Constitution, giving negro suffrage. I answer no, sir, they will not. Join the issue as soon as you please here or elsewhere, and out of NewEngland there are not 3 States in this Union, neither Nevada nor Colorado, nor any of the new States or the old States that will vote foran amendment of the Constitution of the U.S. by which negro suffrage shall be imposed upon the States.
Mr. DOOLITTLE. In reference to that, I will not say. There are other States that will amend their own constitutions on the subject. I simply rose to set my friendfrom Nevada [Mr. NYE] right on that question. While I as an individual, have advocated the right of each State to determine this question foritself, and in the State of Wisconsin have advocated giving to the colored men there the right of suffrage, because the negroes who are residing there, generally speaking, as a class were able to exercise that right, and exercise it propgrly, I still insisted that it did not belong to the red eral Government to impose it on other States as a condition to their being in this Union.
Mr. NYE. Mr. President, I have said nothing upon that question. It seems to be the nightmare that haunts my friendfrom Wisconsin; and I receive his assertion with every de gree of allowance that is necessary for aperson that does not seem to exress the wishes of his own State as expresse by the Legislature, and therefore I doubt his authority to speak for the public on that question. this Banquos ghost with him. "
Mr. DOOLITTLE. Allowrne a word on that point.
Mr. NYE. You have drawn me off, and I should like to rocced with my remarks.
The PRESlDlNG OFFICER. The Senfrom Nevada is entitled to the floor.
Mr. DOOLITTLE. The gentleman speaks of my misrepresenting the State of Wisconsin.
Mr. NYE. No. You read the resolutions the other day that requested you to vote one way, and yet you voted the other way.
The PRESIDING OFFICER. Senators must address the Chair.
Mr. MCDOUGALL. Mr. President, “lam not on orator as Brutus is.” In the matter of rhetoric, of euphony, and elocution, the gentleman who last addressed the Senate is my mester infinitely. Of all these thingsl say nothing but of myself I must say something because did on a previous occasion vote for the pending measure. I did it spontaneously, without careful consideration. After careful consideration, I think it is not just or right, not consistent with our system. The reason on which I before acted spontaneously was that I desired to build up a.western interest, which is the interest that my country belongs to. After careful consideration, I do not think that the Territory of Colorado is so populated and has such a number of permanent inhabitants as to justify her representation by 2 Senators in this Senate Hall. its population does not come within the O rme that has been regarded as the true rule by all careful, considerate statesmen for many years. The s ontaneons vote I before gave I am bound to change, for I think that then I was wrong, and now 1 will try to be right. I shall therefore vote against the reconsideration.
Mr. HENDERSON. I move that the senate do now adjourn. The motion was agreed to; and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. Tussnu, April 24, 1866. The House met at 12 oclock m. Prayer by Rev. HENRY W. BELLOWS. The Journal of yesterday was read and approved. JACOB P. LEESE.
Mr. BIDWELL asked unanimous consentto offer the followmgJtResolution: Resolvedbythe Senate and HoRep of the U.S.A. in (insurersassembled, hat the SecyTreasur is herebyauthorized and dIrectedtopay to Jacob. Leese, out of the appropriatbn made“ for the payment of judgments e rendered by the Court of Claims." under the act approvadJune 251, 864t.he amount of his claim, as fixed by a decision of the Court of Claims. remdered December24, 1860.
Mr. WASHBURNE, of Illinois. I object. rswonsrn To run wssr mums.
Mr. ELIOT. I ask unanimous consent to report from the ComCommerce senate bill No. 26, concerning telegraphic communication between the U.S and the island of Cuba, and other West India islands, and the Bahamas. Amendments have been made to obviate all the objections which were raised when the bill was before the House.
Mr. SPALDING. I object, and call for the regular order. NIAGARA FALLS SHIP CANAL. The House accordingly proceeded to the consideration of the special order of business, bein the call of committees for reports, the Eendmg question being the bill reported by the omRds&canals, providing for a shicanal around the falls of iagara, upon which
Mr. VANHour, of NewYork, was entitled to the floor.
Mr. HULBURD. By an agreementbetween the gentleman who reported this bill
Mr. DAWES. Inm very desirous of vot ilfg for this bill, but I am not able to find just the precise condition of the bill before the House. I desire to ask my friend how efficient its provisions are to give the U.S. control over this canal so as to make it a national work. I am led to make this inquiry because the general drift of this bill is to make a donation to such corporation as may be formed by any State to carry on this work, and I observe that the State of NewYork has incorporated a company for this purpose, the act of jncorporation containing this provision: "The said corporation may acceptupon any terms and conditions not inconsistent with this charter or the laws:of this State. from the Government of the U.S or of any State, any rants of land, hon s, moneys or credit which may O made to it, fort e purpose of constructing the canal and works connectedtherewith and may hold and dispose of such land! for that purpose. When completed, the State of NewYork 51.111 have the right to purennse the said canal and the works connected therewith. by paying to the said corporation the cost of constructing the same.with interest computed to (Ill l0 of the purchase, with the further addition of10%. thereon." I desire to know whether in this bill you have sufficiently guarded against any such contingency as is provided for in that section of the law of NewYork, and that by no possibility this shall be anything but a national work.
Mr. ALLISON. I design to yield a portion of my time to the Gentfrom NewYork, Mr. J. M. HUMPHBEY.]
Mr. VANHORN, of NewYork. Will my colleague yield to me for a moment?
Mr. VANHORN, of NewYork. After further consideration and consultation with the friends of the general project of a ship canal around the falls of Niagara, I am directed to present the bill I now send to the Clerk as a substitute for the bill I offered on Tuesday last, understanding that the Gentfrom Wisconsin [Mr. PAINE] will withdraw the amendment which he offered, in the nature of a substitute to the bill 1st introduced by me. The 1st 7 sections of this bill are the same as the corresponding ones of the former bill, with 2 exceptions: 1st, the alternative is given to use inclined lanes, if upon careful investigation it is found that they will be rid visable, and work to the best interests of the Government and the company; and 2nd, a clause is inserted in the 7th section vesting the title of the land taken by the U.S. in securing the right of way, when the dams es adjusted as provided in the bill shall be paid. Then follow the main provisions which make this aim from the original bill. This bill provides for the chartering of a company direct by the Government who shall or may accept the benefits offered and construct the cans, with all the restrictions and provisions that are cus tomary in such cases. The bill 1st presented provided for the construction of the work through any company chartered by any State, which company should be governed by similar regulations an subject tot esaine restrictions as in the bill now presented. The concluding sections of this bill are the same as in the original bill, differing only so tin as necessary to make them contorm to the charter granted, and to confer upon the company so chartered the necessary (power for the government of the corporation an the management of its affairs. Mr. Speaker, as I propose to speak upon this measure hereafter, Will not occupy the time of the House any longer at present.
Mr. J. M. HUMPHREY here addressed the House; but before concluding, the mornin hour expired. XHis remarks will be found complete in the appendix. Inserted on day he concluded it.]
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. FORNEY its Secretar, announced that the Senate ha passed, without amendment, a bill (H.R.No. 600) entitled “An act making appropriations to supply deficiencies in the appropriations for the public printing for the fiscal year ending June 30, 1866.” sessxuns TABLE.
Mr. McRUER moved that the House proceed to the consideration of business on the Speakers table. The motion was agreed to. CATHAIHINE MOCK. The 1stbusiness on the Speakers tablewas Senate amendmentto the bi l (H.R.No. 219) entitled "An act for the relief of Catharine Mock;” which was referred to the ComInvalidPens. JUDICIAL BOCEEDINGS. The next business on the Speakers table was Senate amendments to the bill (H.R.No. 238) entitled “ An act to amend an act entitled An act relating to habeascorpus and regulating judicial proceedings in certain cases, approved March 3, 1803.”
Mr. WILSON, of Iowa. I move that the House non-concur in the amendments of the Senate and ask for a committee of conference.
Mr. ROSS. I call for the reading of the amendments. The amendments were read, as follows: On page 1, “ line 2, strike out the followingyvords: Or other trespassesor wrongsdoneor committed;" so that the clause will read: Any search.seizure, arrest, or imprisonmentmade, or an netsdone.&c. “ In his 9, after the word " so" insert the words done or." In line ten. strike out the word “ is, "an(iusert in lieu thereof the word " was." In the same line. after the word “addressed, ” insert “as for whom it was intended." In line 14, after the word "act." insert the words, “ of March 3, 15031." After line 15 insert the followmir: But no such order shall by forceof this act or the act to which this is an amendment, be adefenseto any suit or action for any notdoneor omitted to be done after the passageof this act: nor for any act done with malice, cruelty, or unnecessary70.
Mr. WILSON, of Iowa, called for the pre vious question.
Skip Skip The previous question was 2nded and the main question ordered; which was upon the motion of
Mr. WILSON, of 10wa, that the House non-concur in the amendments of the Senate and ask for a committee of conference. The motion was agreed to ayes 67, noes not counted. Mr. WILSON, of Iowa, mtRtv just taken; on the table. Agreed to.
Mr. WASHBURNE, of Illinois, mtRtv the bills were severally referred; upon the table. Agreed to. ENROLLED BILL SIGNED.
Mr. TROWBRIDGE, from the ComEnrollBill, reported that they had examined and found truly enrolled House bill No. 472, for the relief of George
Mr. Frank, late captain 33rd regimentWise onsin volunteer infantry; when the Speaker signed the same. JOHN K. HICKEY.
Mr. WRIGHT, by unanimous consent, introduced a bill for the relief of John K. Hickey; which was read a 1st and 2nd time, and referred to the ComNavAffrs. JAcon
Mr. HIGBY. I ask the unanimous consent of the House to introduce a JtResolution in relation to the claim of Jaco P. Lease, and to put it on its passage now.
Mr. FAIthSWURTH. I object to the JtResolution being acted on now.
Skip Skip The JtResolution was read a 1st and 2nd time, and referred to the ComClaims. Mr. WASHBURNE, of Illinois, mtRtv the JtResolution was referred; upon the table. Agreed to. TERRITORIAL BUSINESS.
Mr. ASHLEY, of Ohio. Mr. Speaker, territorial business was postponed to Tursday of this week. I hsve been so unwell as to be unable to attend the sittings of the House or the committee. I ask, therefore, that Thurs day of next week, during the morning hour, he set apart for reports from the ComTerritor. There was no objection, and it was so ordered. TERRITORIAL ORGANIC ACTS.
Mr. ASHLEY, of Ohio, by unanimous consent, introduced a bill to amend the organic acts of the Territories of Nebraska, Colorado, Dakota, Montana, Washington Idaho, Arizona, Utah, and NewMexico; which was read a 1st and 2nd time, and referred to the ComTerritor. METHODIST EPISE OPAL CHURCH.
The SPEAKER laid before the House the report of the N NewYork East Annual Conference of the Methodist E ise opal Church; which was laid upon the ta le, and ordered to be printed. MEXICO.
Mr. LAFLIN, by unanimous consent, submitted the followmg resolution; which was referred, under the law, to the ComPrintg: Resolved, That there beprinted of.the messageof khe POTUSand the accompa yin documentson the subject of Mexico the some num or as is no wprovided bylaw for the printing of the general diplomatic correspondence. REORGANIZATION OF THE ARMY. The House resumed the consideration of the bill (H.R.No. 861) entitled “An act to reor ganize and establish the Army of the U.S.;” the pending question being on the motion that its further consideration be post poned to the 1st Monday of December next.
Mr. NIBLACK. I am satisfied, after conference with some friends, that the motion to postpone would not be a fair test, and that it would be more respectful to the committee to allow them to perfect their bill 1st. I therefore withdraw the motion to postpone. The question then recurred on it
Mr. scanse xs amendment, as follows: Add: But nothing in this sectionshall be construedsoas to vacatethe commissmuof the CommissaryGeneral of Subsistence, but only to change the title of that officor to Commissary enoral: nor to vacate the commissionof any officernow commissionedas asst commissury general of subsistenceor commissaryof subsistence. but only to changethe title to commis sury in the casesof thosewho rank aslieutenant colonels, majors, and captains, without affectingin an way their relative EOBHIOD or the time from which they take such ran.
Skip Skip Mr. SCHENCK. I demand the previous question on the amendment. The previous question was 2nded and the main question ordered; and under the operation thereof the amendment was agreed to.
Mr. BLAINE. I do not rise to debate the pinegnding question, but for the purpose of mak a correction in the Globe report of the proceedings of Fridaylast, since which timeI have been detained from the House by sickness. I a“m reported in the Globe as saying that the long vity ration applies only to the infantry branc of the service.” What I did sa was that “the longevity ration applies from the in stant an officer is commissioned in the service, without regard to change of corps or title.” I was replying at the time to a remark of the Gentfrom NewYork [Mr. Dans] who maintained that the propose change of titles in the quartermasters Dept would de prive the Officers affected of their right to long gevity rations. One word further on another point. yesterday the honorable chairman of the military Committee [Mr Seussex] intimated that had procured the amendment giving advanced rank in the Adjutant Generals Dept because it would remote some of my friends. The friends of mine that would thus be romoted are the friends of everymember of on gress who has had business at the War De art ment, and in no other sense. I have no ns man or constituent or old acquaintance to be helped or hindered by the amendment. I count many of the officers of the Adjutant Generals Dept my friends, and I am proud to do so, but I was actuated solely by a desire to promote the interests of the public service in roenring advanced rank for that Dept. Idesire to say nothing more on the subject.
Mr. THAIER. Idesire to ask the chair man of the ComMilAffrs 3. question in reference to this section, if he will give me his attention. There are now, 1 believe, 29 officers on this staff corps, of whom 24 are graduates of WestPoint, and 5 are not. The last clause of the section, which the Gentfrom NewYork [Mr. Mr. HALE] moves to strike out, declares that Hereafier no graduateof the U.S. Military Academy, being a t the time in the Army of the U.S., or having been therein at any time for 3 years next preceding, shall be eligible to appotmtmant as an officerin the subsistencedepart men. Now, the question which I ask the gentle. man is this: whether ifa vacancy occurs in this Dept among any of these officers, the whole of the 24 officers who are graduates of WestPoint, and who are now in this Dept, are to be excluded from being appointed to fill that vacancy; in other words, whether they are not totally shut out from promotion as vacancies occur, and whether promotion iu the future is not, by the terms of this prohibition, confined to the 5 gentlemen in the Dept who are not graduates of WestPoint? I will yield for a moment to the chairman of the committee to answer that question, for I wish to have his views upon that point.
Mr. SCHENCK. I have not the slightest idea that that would be the effect of the section; certainly that was not the intention of the committee in framing the bill. I so pose that in making appointments to the subsistence Depts they would be made as before, under any fair construction of this bill but if the gentleman has any doubt about it, I shall be very glad of any suggestion of phrases ology which will accomplish the object the committee has in view more perfectly than it is, perhaps, accomplished by this section.
Mr. THAYER. I will avail in self of the offer made by the Gentfrom bio by suggesting a modification which will prevent that result. I never had a stronger conviction upon an question of law than that which I have in reference to this, and I ask the attention of the lawyers of the House to the phraseology of this prohibition. I undertake to so that no lawyer in the House will dispute the point, after a careful examination of the phraseology of this section, that its effect would be precisely what I allege it would be. Could anything be plainer than this, when on say that hereafter no graduate of the U.S. Military Academy" shall be eligible to appointment as an officer in the subsistence Dept? suppose a major, for instance, in that Dept should be appointed hereafter a lieutenant colonel or a colonel by way of romotion, would not that be an appointment in the subsistence Dept? Does he not havetobe apointed by the POTUS I Is it not necessary to send his nomination to the Senate and must he not be confirmed by that body? Why, every one will see that an appointment by way of promotion to fill a vacancy is just as much an appointment as an original itilppointment; and that when the languagge of ie section excludes all graduates of est Point from receiving any appointment in the future in the subsistence Dept, it cuts off absolutely from promotion every officer in that Dept who was a graduate of that institution. I will not take u the time of the House by any fhrther remar s upon that point. I do not think that any gentleman who will care fully examine the prpvision can disagree with me in "iiion upon this point; but as the Gentfrom Ohio [Mr. SCHENCK] exresseshis willingness that e language of tesection shall be modified so as to prevent that result, I will offer such a modification.
Mr. GRINNELL. I should like to ask my friend whether there is not a difference between the position of those who have been educated at government expense and who have taken solemn oaths to support the Constitution, and civilians who were under no such obligation; and whether the gentlemans argument is not weak in overlooking this distinction. Mr.WOODBRIDGE. No, sir; it is strong. I contend that when a man becomes a citizen of the Government and takes an oath to support the Constitution and laws of that Government, there is no alliation under which he may shield himsel when he do arts from the obligations of his oath and a though it may be said that it is more ungrateful in a raduate of WestPoint, having received an e ucation at the expense of the Government, to prove untrue, than it would be for a man a pointed from civil life, the facts show that the grad uates of WestPoint do feel this titude; for of those from the South appointe from civil life scarce one remained true, while of those edu cated at public expense, more than 3/4ths of all remained loyal to their flag, and more than half of them were either killed or wounded in the course of the war. I think this shows conclusively that the teachings of that institution are in favor of loyalty, exciting a love of country which, during the rebellion, has indicated itself; and here, in my judgment, is an additional reason why the institution should be sustained, and that there should be no invidious distinctions against its raduates. Mr. THAYER. I move to amend by insert ing after the word “Dept” in line 23, the following: But this provision shall not extend to graduatesof WestPoint now in the lubsistenceDept.
Mr. SCHENCK. I have no objection to that whatever.
Mr. TAYLOR. I would like to suggest to the distinguished chairman of the ComMilAffairs another modification of this section. suggest that there should be added at the end of the section the words “unless disualified by reason of wounds received while in die line of his duty.” There are, I have no doubt, many officers who. by reason of wounds, are disqualified for active field service, but who can yet perform the duties of commissaries as well as an others.
Mr. SCHENCK. For reasons which I will assign if the amendment be moved, I cannot consent. to that.
The SPEAKER. The motion would not be in order now.
Skip Skip Mr. THAYER. I demand the previous question on my amendment. The previous question was 2nded and the main question ordered: and under the operation thereof the amendment of Mr. THAYEB was agreed to. The question recurred on the motion of
Mr. HALE to strike out the last sentence of the section as printed.
The SPEAKEI protempore (Mr. Dawns) ordered tellers; and appointed Messrs. HALE and Sonsx ex. The House divided; and the tellers reported aycs 23, noes 72. So the amendment was not agreed to.
Mr. HALE. I move an amendment to section 19, which will, I think, commend itself both to the chairman of the committee and the House. I move to strike out from and including the word “reducing” to and includin the word “ten, ” and to insert in lieu thereoft e following: In the grade of captain. no other officer of that gradeshal be appointed until the number of cup tnins shall be reducedto ten and thereafterthenumber ofonptains in that Deptshall be limited to such reducednumber. So that the clause will read: But after the 1st appointments made under the provisions of this section, as vacancies may occur in the gradeof ca tain. no other odicerof that grad shall be appoints until thenumberofenptuins shall be reducedto ten and thereafterthe numberofcaptains in that Dept shall be limited to such reducednumber. I understand the chairman of the committee to make no objection to this amendment.
Mr. SCHE. CK. I do not assent to it. If you will say nothing upon it Iwill say nothing, and you may move the previous question.
Mr. HA E. Very well. I move the previous question.
Skip Skip The previous question was 2nded and the main question ordered; and the question being put on agreeing to the amendment, no quorum voted.
The SPEAKER protempore ordered tellers; and appointed Messrs. HALE, and HARDING of Illinois. The House divided; and the tellers reported ayes 35, noes 61. So the amendment was rejected. The question recurred on the amendment of Mr. WoonBitine lz, to strike out the whole of section 19, and insert in lieu thereof the following: That the subsistenceDept of the Army shall hereafterconsist of the officersnowauthorized bylaw, namely, one commissarygeneralof subsistence.With the rank. pay, and emolumentsof a brigadier General; 2 asst commissary generals. With the rank. pay, and emolumentsofcolonel of cavalry; 2 asst commissary generals, with the rank. pay, and emolumentsof lieutenant colonel of cavalry; 8 commissarics, with the rank. pay, and emolu rmieesn, tsof majorsof cavalry and 16 commissa with the rank. pay and emolumentsof captains ofeavalry.
Skip Skip The question being taken on agreeing to the amendment, there wereayes 28, noes 64, the Speaker protempore voting in the affirmative to make a quorum. So the amendment was not agreed to. The 20th section was then read, as follows: Sec. 20.Abife:.That the Provost. Marshals Bureau shall hereafter consist of a provostmarshal general. with the rank. pay.andemoluments l of a hrigadier general; undnneassistautprovostinar shal Kendal, with the rank, pay, and emoluments of acoloncl of cavalry; and all matters relating to the l recruitment of the Army and the arrest of deserters shall be placed under the direction and control of this i bureau. under such regulations as the SecyWar may prescribe.,
Mr. WARD. I hope unanimous consent will be given my colleague [Mr. CONKLING] to proceed.
Mr. BLAINE. am in a very weakly condition of health to make the brief explanation due to the Military Committee. But I wish to state why the committee reported this section of the bill in regard to which the Gentfrom NewYork showxsso much feeling. I believe that among the earliest acts of the Gentfrom NewYork at this session of congress was the introduction of a resolution, which was adopted by this House, directing the War Dept to report upon the expe diency of abolishing the office of Provost marshal General. In the routine of business the answer of the SecyWar came to the Military Committee, and among the papers was a letter from Lieutenant GenlGrant. There was an elaborate paperalso from General Townsend. They were referred to a subeommittee. The committee, upon a full review of the papers, and especially of the letter of Lieutenant GenlGrant. reported this section. The Gentfrom NewYork has read a letter from the Lieutenant General, which practically recalls the recommendations of the etter on which the committee acted; but I desire the Clerk to read the letter of Lieutenant GenlGrant, which was the authorization, in the judgment of the committee, for inserting the section.
The Clerk read, as follows: HEADQUARTEVS Altar or THE U.S., ABHINGTON, December 14. 1865. Sin: In reply to your letter of the 13thinstant, in reference to desertious. I would make the following remarks: I do not think the presentmethodof recruiting, ancarried out, sufficient to fill up the rogular Army to the force required, or to keep it full when onceti 0. the duty 15an importantone, and demands I think, the exclusive attention of an officerof the lVnr De nrlment, aided by a well organizeds stemextend ng over the country. I think the o cer hest fitted for that position, by his experience during the present war, is GenlFry, and would recommendthat the whole subject of recruitin be putin his hands, and all officers n recruiting duty be l acted to report to him. O should also have c urge of the apprehension of doserl cr!, should be authorized to do or such rewardsasWill secure their aprehension. rWighidelnyccaaurgrihetdthinetyosheoliucledt;bt tirsiewdo, ualdndstooenssetnotpe the present enormous amount ef desertion. would recommendthat the duties heretofore performed by rovostmarshalsbe hereafterperformed by officers ctailed for recruiting duty. Very respectfully, u S GRANT, LieutenantGeneral. Hon. E. M. Snsros, SecyWar.
Mr. BLAINE. The House will observe that the ComMilAffrs acted precisely in accordance with the recommendations of the Lieutenant General as contained in the letter which has just been read. The 1st point which the Lieutenant General makes is that the system of recruiting carried on under the direction of the Adjutant Generals Office has not proved efficient, in his judgment, in filling the Army. In the next place, he sag ests that some special officer should be detaile to superintend the business of recruiting, and he names GenlFry as the properofficer. In the next place, he states that provost marshals throughout the count are not needed, and that their places should be filled by recruiting Officers. Provisions in accordance with all these recommendations are comprehended in the section which the Gentfrom NewYork would have stricken out.
Mr. be UTWELL. I desire to state that the facts up to the latest date do not sustain the opinion of the Lieutenant General. From last October till April 17, the Adjutant General has recruited between 19 and 20,000 men for the reular Army.
Mr. CONKLING. i ask the Gentfrom Pennsylvania [Mr. Maseru] to yield tome.
Mr. CONKLING. Mr. Speaker, if GenlFry is reduced to dependin for vindication upon the gentleman rem 9 he is to be commiserated certainly. If I have fallen to the necessity to taking lessons from that Gentleman in the rules of propriety, or of right or wrong, God hel me. I say to him urther that I mean to take no advantage such as he attributes of the privileges of this p see or of the absence of GenlFry. On the contrary, I am ready to avow what I have here declared anywhere. I have mud facts for which I am willing to be held responsible at all times and places. I say, further, that the statement made by the Gentfrom Maine with regard to my self personally and my quarrels with GenlFry, and their result, m false. He says I can
Mr. BLAINE. What does the gentleman mean to say was false?
Mr. CONKLING. I mean to say that the statement made by the Gentfrom Maine is false.
Mr. conKLlN G. Does not the gentleman understand what I mean?
Mr. BLAINE. I call the gentleman to order. I demand he shall state what was false in what I stated. I have the parliamentary right. I demand the gentleman shall state what is false in what I said.
The SPEAKER protempers. The Gentfrom Maine wrll state his point of order.
Mr. BLAINE. I have already. Theentleman has denounced my statement as fa so. It is my right to have him state in what particular anything I said or what allegtion I made was false.
The SPEAKER protempura. The Chair overrules the point of order. The Gentfrom NewYork will proceed.
Mr. BLAINE. Do I understand the to rule, when a member states that anot stated falsely, that is no point of order?
The SPEAKER protempera. The Chair does not understand that to have been the point of order.
Mr. BLAINE. Then I raise the point of order that the gentleman stated what was unparliamentary when he said that I stated what was false. I have no objection to his going on to state where it is false.
The SPEAKER o tempera. The Chair understood the gentleman to say it was out of order to pronounce a statement was false without stating wherein it was false. The Chair overruled that point of order. If the gentleman has another point of order to raise he will please state it.
Mr. BLAINE. I raise the point of order that it was not parliamentary or the gentleman to use those words.
The SPEAKER protempore. The Chair sustains that point of order.
Mr. BLAINE. I have no objection to his stating wherein it is false. caker has
The SPEAKER protempore. The Chair is of the Opinion it is not parliamentary to pronounce what has been said by any gentleman in debate here is false. It is not a point of order well taken to require him to state wherein it is false.
Mr. CONKLING. I beg pardon. Itlought the gentleman yielded the floor O 8110 gether. I am very much obliged to by l and will relinquish the floor at once if he 98 to occupy it. I thought he intended to eld to me without qualification, so as to have anOther 15 minutes afterward. But Iwill swutly resign it, and thank him for his company. I ask the gentleman whether I shall or not.
Mr. LAINE. I wish to may s 8 Single statement. "
Mr. CONKLING. I do not and mi that anyone but the Gentfrom Pennsylvama can claim the floor.
Mr. CONKLING. decline YIBId 1" to the Gentfrom Maine, [Mr MINE] lhe SPEAKER protempore. es the Chair understand the Gentfrom Peunsylvama [Mr. Msse ua] to yield the floo mely to the Gentfrom NewYork, [ CONKLING]
The SPEAKER protem Then the Gentfrom NewYork the right to resume the floor only by th nsent of the Gentfrom Penusylvani
Mr. CONKLING. I askt Gentfrom Pennsylvania [Mr. Msacua] ether he “fishes now to resume the floor.
Mr. MERCUR. l desi d to resume it after the gentleman, but I ll allow him to go on.
Mr. SPALDING. I desire toask m friend a single question. Will it not answer is purpose if the House vote down this Provost marshals Bureau and let the matter stop there?
Mr. SPALDING. We will do that cheer full.y.r. CONKLING. That is all I intended in do originally. Mr. Speaker, how much time have I left?
The SPEAKER protempore. About 4 minutes.
Mr. CONICLING. Then I will yield it to the Gentfrom Ohio [Mr. Brawn 0.] It
The SPEAKER protempers. Does the Gentfrom NewYork [Mr CONKLING] yield the floor to the Gentfrom Ohio for the residue of his time?
Mr. SPALDING. I claim it on my own merits, sir.
The SPEAKER protempore. The Chair now understands that the Gentfrom Ohio [Mr. SPALDXNG] is tos ea during the balance of the time of the Gentfrom NewYork, Mr. Consume.
Mr. CONKLING. Iso understand. I yield the residueof my time only to the Gentfrom Ohio because Isupposethat the Gentfrom Pennsylvania, F
Mr. Museum] to whom I am very much indebted, desires to occupy his full 15 minutes.
The SPEAKER protem re. Then the Gentfrom Ohio [Mr. PALDING] is entitled to the floor for just 3 minutes.
Mr. SPALDING. 3 minutes is enough for me. I am opposed, sir, to the continuance of this military )ureau known as the Provost Marshal Generals Office. I am opposed to it in time of peace, because I consider it an unnecessary appendage to the Army. ButI believe that during the late war it was a necessary evil, and I think that a great deal of the odium which has been attached to the administration of the duties of that office pertained rather to the nature of the office than to the individual who discharged the duties of the office. I question, sir, whether any man, whether he came from the East or the West, from the North or the South, could have one into the administration of the Provost Marshal Generals Dept and discharged its duties with any more satisfaction to the General public than Genpral James B. Now, I do not claim that vast frauds have not been perpetrated in this as in every other Dept of the Government during the last 4 years; I think they have been. at I do not think anyone man is responsiblefor them. I think, perhaps the Gentfrom NewYork [Mr. Cowxuyc] has sufficient cause for what he has said; but such acase as he hasmentioned has not been brought home to me, in all my official intercourse with the Provost Marshal General during the last 3 ears, and it hh been constant and ffequent. have been treated by him with a de recof kindness and courtesy which requires from me an exression of thanks rather than of censure. am happfi, therefore, to have it in my power to say that am under obligations to this man and it is a pleasure to me to acquit myself of the (Int O doing so.,
Mr. BLAINE. I do not riseto argue the merits of this proposition. I rise rather to relieve myself om the stigma attempted to be cast upon me, and to place m self properly on the record, as becomes a gentleman an a Representative. I stated when I was u before and I left it to the Gentfrom NewYork [Mr. Corn: LING] to answer whether I answered it correctl, that I had understood there were persona difficulties between himself and the vost Marshal General. I have so understood it. I have understood it from very high authority. I have understood that in those difii.culties the Gentfrom NewYork, as I said before, did not come out 1st best. I did not make this as an assertion. I left it to him to say whether it was so or not. Certainly I did not violate any principle of propriety or of ar liamentary etiquette. and, sir, even were in full health, (and Ioughtto bein my bed today) I could not consent to go into thls cheap sort of stuff about answering “ here and elsewhere" and about “ personul responsibility ” and all that kind of thing. Sir, I do not know how to characterize it. When we had gentlemen here from the 11 seceded States, they used to talk about answering “ here and elsewhere " and it was under stood that they meant a duel! I suppose the Gentfrom NewYork means nothing of i that kind;I do not knowwhether hedoesor does not; but that is the only meaning that can be attached to the phrase. When a man says that he is ready to answer “here or elsewhere, ” he means that he is willin to, receive a note out side of the District of olurnbia. Well, now, that is very cheap, and certainly beneath my notice. I do not believe the Gentfrom NewYork wants to fight a duel; and I am sure he needs no assurance from me that I do not intend it. When I haveto (resort to the use of the epithet of “false” upon this floor, and this cheap sw ger about being responsible “here or elsewhere ” I shall have very little faith in the cause which I stand up to main tam.
Mr. STEVENS. I move to insert the following in the place of the section which it is proposed to strike out: That the Provost Marshals Bureau shall be continued only so long as in the judgment of the SecyWar may be necessaryto close up the business thereof, not exceeding, however, 6 months from the passageof this act.
Mr. CONKLING. I will accept the proposition of the Gentfrom Pennsylvania, [Mr. Srr:vr:ns.lg
Mr. conKLING. The gentleman misunder stood mc. I said that there was nothing in the communication about a continuation of the provost Marshal Generals Bureau; that it referred simply to the business in which that bureau should be employed while it exists.
Mr. SCHElilCK and that its employment was to be in the arrest of deserters.
Mr. CONKLING. No, sir; I did not say I at.
Mr. FARQUHAR. I ask the gentleman to withdraw the call for the previous question.
Mr. SCHENCK. I will ifthe gentleman will renew it.
Mr. SCHENCK. I think the amendment proposed by the Gentfrom Pennsylvania, Mr. Srnvnxs, 1 imiting the time, if the section is to be stricken out, ought to be made a part of the bill.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the amendment was agreed to.
The Clerk read the next section. as follows: 580. 2l and be“ Abife: That the medical Dept of the Army shall hereafter consist of one surgeon general. with the rank. pay and emol uments of a briadier general; one asst surgeon general. with the rank. pay and emoliiments of a colonel (if cavalry; 8 surgeons, With the rank. pa and cmoluments o majors of cavalry; 160 asstsurgeons, with t a craanvka.lryon and emoluments of 1st lieutenantspf or the 1st 3 years service and With the rank. ay and emolumentsof captains of cav alryaftert iroe ycarsservico; and flve medicalstore keepers, with the samecempenlhtionas is now provided by law: and at least 2/3rds of the original vacancies in the rades of surgeon and asst surgeon shall be ii led by selection from among the persons who have served as staff or regimental surgeons or asstsurgeonsof volunteersin the Army of the U.S. 2 years during the late war and 1/3rd from sinii or officers of the regular Army; and HCXaOHwSho have served as asst surgeons 3 years in the volunteerserviceshall be eligible for promotion to the grade of captain. Mr. CONKLING. I move to amend this section by inserting after the word “selection” the words “by competitive examination7 I do not wish to argue it because it argues itself, so far as it is suse eptible of argument. As the section stands now, very likely that is the design.
Mr. SCHENCK. Does the gentleman intend any change in the present mode of examination, which is. to note the degree of excellence and select from those who stand highest?
Mr. CONKLING. If that is the mode, then it accomplishes what] so posed was intended. In one of the Senate bil s these words were retained. The chairman of the committee seems to think it is all right. The amendment was agreed to.
Mr. SCHENCK. General PAINE has an amendment whichI think the House will probably approve, one which, if it prevails, will obviate the necessity for the next section. The amendment, I believe, is somewhere in the House. I have not been able to get it and offer it as he requested.
Mr. HALE. I have the amendment which the Gentfrom Wisconsin [Mr. Parse] wished to propose, and I offer it on his behalf. I will not argue it.
The Clerk read the amendment, as follows: In section 21. line live. after the word "caval.” insert the following: 2 c ief medical purveyors and 5 asst medical purveyors. with the rank. pay and cmoluments of lieutenant colonels of cavalry. who shall give the some bondswhich are or may be required of asstpayinnsters general of like grade and lhall. when not acting as urveyors, be assignable to duty as surgeonsby the resident.
Mr. WENTWORTH. Will my friend yield to me one moment to give a notice?
Mr. SCHENCK. Yes, sir. EVENING BUSINESS.
Mr. WENTWORTH. I give notice to the House, and also to the Speaker, that to night during the pendency of the Pacific railroad bill I shall call for the rigid enforcement of the rules of the House in respect to the lobby. It is getting to be a large and powerful institution. I think we can run the machine alone. I have the doorkeepers notice.
Mr. RANDALL, of Pennsylvania. I would ask whether it is the intention to take avote on the Pacific railroad bill to night.
Mr. wASHBURNE, of Illinois. I hope there will be no attempt to do business unless there is a quorum present.
Mr. PR CF. In answer to the Gentfrom Pennsylvania, [Mr. RANDALLJEI will say that that is theyintention. )
Mr. WASHBURNE, of Illinois. Iam very sorry to hear the gentleman state that it is the intention to obtain a vote on this measure to night. a measure which I undertake to say is of more immrtance than any which will come before this house, involving $60,000,000 and an amount of land so great that
Several MEMBERS. “Orderl” “ Order!” anciioANizniox or Tm: ARMY AGAlN.
Mr. SCHENCK. I gave way to allow the Gentfrom Illinois [Mr. wsxrwomu] to give a notice to the House, and not for a ldebate. I must resume the floor. The amendment r osed by the Gentfrom NewYork hIi. ALE] in behalf of the Gentfrom Vise onsin [Mr. Puma] fixes the number of officers who may be detailed as medical purveyors, as provided for in the 22nd section; but it transfers them to this 21st section, making them responsible bonded Officers. There is a propriety in this, because there is very consider able trust reposed in these Officers; and there has been a very great deal of abuse, leading to trouble, in the Surgeon Generals Dept arising from the proceedings of detailed medical purveyors. I wish the House to understand that if this amendment to the 21st section shall prevail, I shall move to strike out the 20 2nd section.
Skip Skip Mr. HARDING, of Illinois. I demand the previousquestion on the section, with the pend in amendment. The previous question was 2nded and the main question ordered, being upon the amendment offered by Mr. HALE. The question was put, and there were ayes 54, noes 21; no quorum voting. Tellers were or cred; and Messrs. HALE and Ross were appointed. The House divided; and the tellers reported ayes 70, noes 25. So the amendment was agreed to.
The Clerk read: The 22nd section was then read, as follows: SEC.22. Abife: That the SecyWar may detail a surgeon as chief medical pinurveyor. who while performing such duty shallbe charge of the principal purchasing and issuing depot of medical supplies and shall have the rank pay and emoluments of a colonel of cavalry; an the secyWar may in like manner detail not to exceed 5 medical officers as asst medical purveyors. who. while performing such duty in the different geographical divisions or Depts shall have the rank. ay and emolumentsof lieutenant ccloncls of cava ry.
Mr. SCHENCk. I move that that section bestricken out. The motion was agreed to.
The Clerk read: The 23rd section was then read, as follows: SEC.21. Abife:.That the pay Dept of the Army shall hereafter consist of one payMGen.With the rank. pay and cmol umentsofa bngadier general: twoasstpiiyMGens, with the rank. pay and emolumentsof coloncls of cavalry; 2 asst payMGens.with the rank. ay and emolumentsof lieutenant colonelsof cava ry; and fort paymasters.with the rank, pay and emolumentso majorsof cavalry; and theoriginal vacanciesin the gradeof m or shall be filled by selections from those personswho have served faithfullyas paymastersor additional paymasters in the Army of the U.S. in the late war, and hereafternegraduateof the U.S. Military Academy. being at the time in the Army of thoU.S or having been at any time for 3 years n ext preceding shall he cliziblo to appointment as an officerin the pay Dept.
Mr. THAYER. I move to amend that section by adding thereto the following: But this provision shall not extend to graduates of West Peint now in the pay Dept. The amendment was agreed to.
Mr. SCHENCK. I am instructed by the ComMilAffrsto move to amend this section by striking out in line 7 the word “ 40, and inserting “50 ” in lieu thereof. 60 were asked for on are still asked for, but the committee determined upon 40. But the committee have instructed me now to move to strike out “ 40 ” and insert 50, ” and in explanation of that determination I will aim ly ask to have read a communication from general Brice, the head of that dept. know, sir, that the heads of Depts are very a t to ask for all they think they can get, but I know of no man onwhose good sense and clearness of judgment in reference to the affairs of his Dept I would more rely than upon that of General Brice. I give to the House his opinion in reference to this matter by having his letter read. I ask the Clerk to read it.
Skip Skip The question was taken on Mr. Seusse xs amendment; and there were ayes 51, noes 21; no quorum votin. Tellers were O cred; and Messrs. Gnnmsu and Bonn were appointed. Mr. ROSS demanded the yous&nays. The yeas&nays were ordered. Mr. SCHENCK. I suppose if we adjourn now the yeas and rays can be taken tomor row.
The SPEAKER. If the House is in session at half past 4 oclock, it will. under the order of yesterday, take a recess until half past 7 oclock. If it adjourus before that time, it will be to meet tomorrow at. 12 oclock.
Mr. SCHENCK. If that is to be the effect of a motion to adjourn now, then I will not make it.
Mr. ROSS. I move that the House do now adjourn.
Mr. PRICE. Cunnot the House now take a recess by unanimous consent?
The SPEAKER. A recess can be taken now by unanimous consent; or a motion to take a recess until half past 7 oclock would be in order.
The SPEAKER. The motion to odionrn takes precedence.
Mr. WASHBURNE, of Illinois. I call the yeas and nnys upon the motion to adjourn. The yeas&nays were ordered.
Skip Skip The question was taken; and itwas decided in the negative yeas 26, nays 71, not voting 86; So the motion to adjourn was not agreed to. During the roll call, Mr. BROOMA LL announced that Mr. Suns. was detained from the House by sickness. Mr. VANHORN, of NewYork, announced that Mr. Puss was detained from the House on account of sickness. The result of the vote was stated as above. CAPTURE OI" BOOTH and HAROLD.
The SPEAKER. A communication was received a few days since from the SecyWar in relation to the rewards for the cap ture of the assassins Booth and Harold, which should go to the ComAppropriat. It was laid upon the table at the time itwos Baker. rner C. Harding. inrrishHurt. Hill. Hogan. Holmes. e received. If there is no objection it will be referred to the ComAppropriat. No objection was mode, and it was referred accordingly. nxnonnnn mu. SIGNED. Mr. TROWBRIDGE, from the ComEnrollBill. reported that the committee had examined and found truly enrolled an not (H.R.No. 600) making appropriations to anply deficiencies in the appropriation for the public printing for the fise ldllyear ending June 30, 1866; when tbeSpeaker signed the some. The heur of half pant 4 oclock having mived. The Hones. pursuant to an order adopted yesterday, took a recess till half past 7 oclock p. m. SESSION. The House reassembled at half past 7 oclock p.m. DUTY ON LIVE ANIMALS.
Mr. MORRILL. I ask unanimous consent to introduce a bill in using a duty on live ani mals imported from fgreign countries, and that it he acted upon by the House at this time. If there is a single objection, I will not press it.
Mr. WASHBURNE, of Illinois. Is any business in order this evening but reports from o ComPacificRR?
The SPEAKER. Only by unanimous consent. The House is nownctin the same as it is in a day session when considering a special order.
Mr. MORRILL. I will state briefly the necessity for the passage of this bill. When the reciprocity treaty cXpired we failed to pass any bill on the subject; and, therefore, now have no duties upon live animals, whether imported from Canada or from any other country. I am in formed that at the present time the owners of sheep upon the other side of the line are driving them over into the U.S., and having them he t, proposing that they shall remain here not] after they are shorn, when of course they can be driven back. They may thus be able to introduce wool into this country without the yment of an vduty.
Mr. JENCKES. Does not the order of business for this evenings session preclude the consideration of any other business sxce t reports from the ComPacRailroad?,
The SPEAKER. It does not, unless objection is made.
Mr. JENCKES. I object to any other business. LAND GRANT RAILROADS.
Mr. PRICE. 3 weeks ago yesterday I reported by direction of the ComPacificRR, Senate bill No. 83, entitled “An act to extend the time for completing certain landgrnnt railroads in the States therein named.” That bill was ordered to be printed, and was made the special order for the outlay following 2 wee 3 ago yesterday. We find that there are several inaccuracies in the printed bill; and under the instruction of the committee, I now move that the bill be recommitted to the committee.
Mr. KASSON. I have prepared a substitute for this bill. I desire that it shall be printed, and referred to the some committee.
Mr. WASHBURNE, of Illinois. On the motion of the Gentfrom Iowa [Mr. Pmen] I call for a division. I have no objection to this bill going to the committee; but I protest against business being done to night without a quorum. On the motion to recommit the bill, there were nyes 20. noes 8; no quorum voting. Mr. WINDOM. I call for the yeas&nays. The yeas&nays were ordered.
Skip Skip The question was taken; and there were yeas 68, nays 0, not voting 115; Tlae SPEAKER stated that no quorum had vote. During the roll call, Mr. LATHAM stated that Mr. ELDBIDGI was detained from the House by sickness in his family. The result having been announced as above stated, Mr. WILSON, of Iowa, moved a call of the House, and on that motion called for the yeas and nsys. The yeas&nays were ordered.
Skip Skip The question was taken; and it was decided in the a rmutive yea.7s1, nuys 13, not voting 99; The SPEAKER stated that 98 members had answered to their names. MI. WILSON, of Iowa, moved that all further proceedings under the call be dispensed in i. The motion was agreed to. The question then recurred on the motionto recommit, no quorum having appeared on the last vote. The motion was agreed to; and accordingly the bill was reeommitted.
Mr. KASSON. I now submit the substitute to which I referred, and move that it be printed and referred to the ComPacificRR.
Skip Skip The motion was agreed to. Mr. JENCKES mtRtv the bill and substitute were referred; upon the table. The letter motion was agreed to. REVENUE ASSESSORS.
Mr. MILLER, by unanimous consent, moved that the bill which he introduced yesterday to allow U.S. revenue assessors to appoint deputies be ordered to be printed. The motion was agreed to. IOWA and MISSOURISTATE LINE RAILROAD.
Mr. PRICE, from the ComPacificRR, reported back House bill No. 304, grantin land to the Iowa and MissouriState Line ailroad Company, and for other purposes, with sundry amendments.
Mr. RANDALL, of Pennsylvania. Has the bill been printed?
Mr. RANDALL, of Pennsylvania. But not the amendments.
Mr. PRICE. This bill, Mr. Speaker, proposes n grant of lands, if there are any unoc cupied, to a railroad on the southern line of Iowa, runnin to the Missouririver. The company has been organized and is building the ma. They ask for the passage of this bill, not so much for the lands they get, because there are but few lamls there that are not taken, but because it will aid them some in the way of credit. The parties who are more immediately interested in this in Missouri, Iowa, Nebraska, and Kansas have no objection to the bill as reported by the committee, I believe. I think lhave seen all the gentlemen who represent those States and Territoriosl have named, and they are willing that the bill should pass as reported. It passed the committee after thor ough examination without a dissenting vote, an I did not suppose there would be an opposition to it in the House, or I should not have reported it at this time.
Mr. SpALDING. I desire to ask a question. I desire to know how long this railroad maybe?
Mr. WILSON, of Iowa. It will be about 250 miles in length.
Mr. SPALDING and it takes ten sections of land on each side for each mile of the road.
Mr. WILSON of Iowa. On paperit looks as if it would take ten sections on each side, but I will state that owing to the lands having been sold and granted to other companies this company cannot, by any possibility, receive under this bill to exceed 40,000 acres. I do not think they can find over 20,000.
Mr. SPALDING. Is there not a provision in it that enables the companies, where the Government lands are nlrea y taken, to locate the sections somewhere else?
Mr. WILSON, ofIowa. No, sir; it confines them to the strip of 20 miles.
Mr. WILSON, of Iowa. This road runs through one of the most densely settled portions of Iowa, where the lands have almost entirely been sold, and it is only here and there that a piece remains undisposed of and I will state further, that if any company is entitled to receive aid from the Government this is one, and for this reason: it is a company which is not under the control of persons resiing elsewhere. It is controlled by the citizens of the State residing near the line of the road and the construction is being conducted in this way: the farmers, mechanics, and citizens generally have subscribed to it, paying their subscriptions in work, in ties, in materials, and portions in money. It is for the purpose of aiing them in the completion of it that this grant is asked and it is a small pittance considering the magnitudevery of the work.
Mr. SPALDING. Does the chairman of the committee hold the floor?
Mr. SPALDING. I ask the Speaker to recognize me to make a motion, ster he is through with his remarks, to refer this bill to the ComPubLands, for. I think we ought to know something about the amount of land that is to be taken by this bill.
Mr. HIGBY. I ask the chairman of the committee if this company is working under an act of Congress.
Mr. PRICE. I will yield to my colleague through whose district this road runs to reply.
Mr. WILSON, of Iowa. In reply to the gentlemans question I will state that this company is not organized under any act of Congress. We have in the State of Iowa no special charters; the companies are all organized under the general corporation law. his one is organized under that law. It is the only company which has been organized for the purpose of constructing a road through the section of the State through which this road is to pass, and it is in accordance with the laws of Iowa. It is a corporation that is entirely satisfactory to the people of that State, a corporation which is in orsed by all those who are interested directly in the construction of this road and in the development of the country through which it will pass, and there can be no objection to it on that ground.
Mr. KASSON. I would ask my colleague to yield to me a moment of his time to over an amendment.
Mr. KASSON. I will state to mcolleague whyI want this amendment adopte more fully than I have done. This proposed railroad runs about 140 miles through my district, and consequently my constituents are deeply interested in it. Under these circumstances I ask him if it is not proper for him to yield to me.
Mr. PRICE. Certainly. I have no objections to the gentlemans offering his amendment. I have 3 colleagues, all of whose districts run down to the issouririver, and all of whom are interested in this bill; but I cannot yield for an amendment that will kill the bill.
Mr. KASSON. I think that when my colleague hears the amendment he will see that it does not kill the bill, but that on the contrary it will meet the approbation of the House. My 1st amendment is to add the following proviso: and provided furlher, That no lands shall be at an time patentedto said company which are situnt more than 20 miles westward of the terminus of the said railroad at the time the patentsareissued. I will state the reason why I ask my colleague to accept this amendment. There is but a lim ited amount of land to be had. Without this limitation, prohibiting the anticipation of lands situate at a distance, the effect of the general grant would be to exhaust all the lands, some 150 miles ahead of the road, to aid in building the 1st 20 miles. If the road should then stop in the 1st district, all the lands situate in my district would be applied to build the road before it reaches my district at all. I cannot consent to this, without iving away to others the means that should be applied to aid the road in my district. This amendment prevents drawing land more than 20 miles west of the terminus at the time.
Mr. WILSON, of Iowa. I think there is no objection to that amendment.
Mr. DELANO. I cannot understand exnctly what is going on here. Let me make an inquiry. I desire to know what is the western terminus of this road.
Mr. KASSON. It is proposed to begin at or near Farmington, in Van Buren county, Iowa, where it connects with the railroad to Keokuk, connecting there with other roads leadingto the Des Moines valley. My colleague from the 1st district stated here the amount of lands which should be granted, in which I concur, that it would not probabl be more than 50,000 acres. The people of that reion of the country are very much interested in this road and are doing all they can to promote the enterprise by calling meetings and entering into su scriptions.
Mr. DELANO. Where do you expect to obtain the lands if you do not find them within ten miles of the road?
Mr. KASSON. My colleague who is upon the committee can answer that question better than I can.
Mr. WILSON, of Iowa. to 20 miles of the road.
Mr. ASSON. That seems to me a very reasonable limitation. They are confined
Mr. KASSON. I move to add the following as an additional section: Abife: That the lands hereby granted shal be opened to preempltion, settlement, and purchase under the laws of the U.S. until certified to and actually sold to a bonafide sot tler by the company building the railroad herein rovied for as fully as if this grant was not made: Provided, That the price of such purchase shall be 25operacre and such purchase money shall be speciallyaccountedfor to t aTreasury of the U.S., and shall be paid to the railroad company whenever it would become entitled to such lands if unsol.
Mr. KASSON. The reason for that amendment is that it is necessar in Order that settlement of these western and s shall not be retarded by any rent land monopoly.
Mr. JULIAN. Will the Gentfrom Iowa [Mr. PRICE] allow me to make a statement in regard to this bill?
Mr. JULIAN. 2 or 3 minutes will be enough.
Mr. JULIAN. There is a novelty in this bill which I wish the House to understand. Up to this time the policy of the Government has been uniform, with, I believe, the single exception of the grants to the Pacific railroad, where the nationality of the measure made it impossible to make the grant to a State. The uniform policy has been in favor of grants to the Suite in trust for a particular company to do the work. Now, I o jectto the innovation which this bill seeks to make in our policy as unsafe, as making us embark in a line of policy at variance with the whole legislation of the past, a line of policy upon which we better not enter. Now, I hope that this bill, which ought to have gone in the 1st place to the ComPubLands. may now he referred to that committee, so that it may be examined, the extent of the grant ascertained, and the propriety of departing from the old policy of the Government fully considered. I know that there were 2 or 3 cases in the lust Congress in which grants were made directly to companies, but they were compa nies which the State Legislatures had previously designated as the lit instruments for executing the trust.
Mr. PRICE. I will yield to my colleague [Mr. Witsox] now.
Mr. FARNSWORTH. I rise to a point of order, though it may be too late for me to raise it now. I would like to inquire of the Speaker how this bill came before the Pacific Railroad Committee at all.
Mr. PRICE. Itwas referred to the committee by the House.
Mr. FARNSWORTH. Iwish, then, tomake this point of order: that is, that the Pacific Railroad Committee have no right under the rules of the House to reart a grant of land for any rond not a part of the Pacific railroad.
Mr. PRICE. The Gentfrom Illinois [Mr. Firnxswonrn] is slightly mistaken in that.
The SPEAKER. The Chair decides, in the 1st place, that the (point of order is raised too late. In the 2ndplace, the ComPacificRR is authorized expressly by the rule to consider any matter relating to any land grant railroad between the Mississippi val ley and the Pacific coast that may be referred to them.
Mr. FARNSWORTH. That means, of course, any railroad extending from the Mississippi val ley to the Pacific coast.
The SPEAKER. The rule says nothing about the termini of the railroad; only that it must be located between the Mississippi valley and the Pacific coast.
Mr. WILSON, of Iowa. I think the Gentfrom Indiana [Mr. JULIAN] is s ightl mistaken in relation to the legislation to which he has referred. The grant of land made by Congress in 1856 to the State of Iowa for the purpose of aiding in the construction of these several lines of railroad from the Mississippi river to the Missouririver was not made to the State in trust for such companies as it might name; but the companies were named in the act of Congress making the grant. Now, we had a great deal of diilicultyin Iowa growing out of that grant, and I believe the people of the State will be better satisfied to have the grant made directl to the company than to have it thrown into teState Legislature and more than that, in 1863 Congress made an additional nt of land to the 3 companies embrace in the act of 1856, and that grant in the legislation of 1863 was made directly to the company, and this bill is followinglthe precedent t on established.
Mr. JULIAN. Had not the Legislature of the State previously designated the companies named in the act of 1863?
Mr. WILSON, of Iowa. Those companies were desi nated under the act of 1856.
Mr. WILSON, of Iowa. hat was a grant to the State; but Congress afterward granted the lands directly to the company; Now, I will state to the gentleman also, that under the legislation of the State of Iowa and the articles of incorporation adopted by this company the company is as much csi ated by thestate ofIowa or the constructiono thisroad as the other companies were for the construction of the other ron. Under the general incorporation law of the State, this company organized for that purposs; and it there ore has an authorization under the laws of the State of Iowa for the construction of that road. There are no other competing lines; no other companies have been organized; no one proposes to build a road them except this single company.
Mr. JULIAN. I desire to inquire of the gentleman whether, under the grant contained in this bill the Legislature of Iowa. will have any control over the selection of the company to do the work.
Mr. WILSON, of Iowa. No, sir; of course not; because under the laws of the State of Iowa that company is now authorized to procced with the work, and unless it shall a use its frachise s and powers it has the right to go on and construct the road. It can only be deprived of its powers by a udicial proceeding in which the company sh be found to have abused its powers.
Mr. JULIAN. Suppose the company should fail to do the work. Here the hammer
Mr. PRICE. fell} I now yied the floor for 3 minutes to my colleague, [Mr. GnissnLL]
Mr. RANDALL, O Peunsylvania. I should like to have read the not O incorporation of this company. I would like to know to whom we are ving these lands.
Mr. RIBNELL. I will yield to the Gentfrom Pennsylvania after I get through.
The SPEAKER. The Chair cannot entertain the amendment which has been offered unless the point of order be waived as to its involving an appropriation. The amendment propose by the Gentfrom Iowa contemplates an appropriation, and would make the bill an appropriation bill. That amendment, therefore, is not in order for consideration in the House unless by unanimous consent.
Mr. BENJAMI. Ifunanimous consent is retpiired, I object. Mr. WASHBURNE, of Illinois. What is the amendment?
The SPEAKER. The amendment offered by the Gentfrom Iowa provides that the Government of the U.S. may sell these lands, put the money into the Treasury of the U.S and pay that money out of the Treasury to this company. such an amendment would make this an appropriation bill, and therefore it could not be considered in the House except by unanimous consent.
Mr. KASSO. I would like to call the at tention of the Chair to the fact that the amendment does not propose an appropriation of money in the Treasury. It is a simple proposition for the substitution of the money for the land when the land shall be sold.
The SPEAKER. It has been ruled Uniformly that any bill which by its own force will have the effect to take money out of the Treasury is an appropriation bill, even if the money is to be paid in and paid out afterward.
Mr. KASSON. I ask the Gentfrom Missouri[Mr. Barnum] not to insist on his objection.
The SPEAKER. If there is no objection the amendment will be entertained.
Mr. BENJAMIN. I ask the Gentfrom Iowa to yield to me for a moment.
Mr. BENJAMIN. I am opposed to this bill in its present shape. As has constated, it is I. grant to a railroad companyin the State ofIowa. his road passes near the line of the State of Missouri. I suppose there is not much land in the State of Missourithat will go to this company under this grant; but I apprehend there is some; how much I am not able to say. It does not matter, however, whether it is more or less. Hero is a railroad company chartered by the State of Iowa. It becomes the owner of land in the State of Missourito hold for all time to come so far as the State of Missouriis concerned. The State of MissOuriwill have no control over this company. It cannot by its legislation control a company that is char tered and controlled by the Legislature of the State of Iowa. This of itself should be sulficient to defeat the bill.
Mr. PRICE. I now yield 3 minutes to the Gentfrom Pennsylvania.
Mr. RANDALL, of Pennsylvania. I desire to know to whom we are giving these lands. I find this bill is for the purpose of aidin the Iowa and MissouriState Line Railroad om pnny (the same being a corporation organized under the laws of the State of Iowa) to construct and operate a railroad. I should like to have that act of incorporation read, so that we may know who are these parties and what are the powers they possess. It may be that we are giving lands to this company notlocated within the boundaries of Iowa and putting those lands under the control of Iowa, which would be a wrong thing for this Congress to do. I want to know how much land is pro osed to be granted. It occurs to me we should know that. I hope that the motion of my friendfrom Ohio, [Mr. SPILDiNu] to refer this bill to the ComPubLands will be adopted, so that we may vote understandingly. As it is now we are all groping in the dark.
Mr. PRICE. I will answer the gentlemans questiops, and I ask his attention and that of others who may have the same objections. This company is organized under the general laws of toState of Iowa, and not under special charter, for the purpose of constructing a railroad alon the soutiern tier of counties of that State to t 9 Missouririver. This is to aid in the construction of that road without regard to the organization of a company whatever. That is all there is of it.
Mr. RANDALL, of pennsylvania. Does not this proposition donate land not situated in the State of Iowa to this corporation?
Mr. RANDALL, of Pennsylvania. Unquestionabl it does.
Mr. RICE. That point has been guarded by the amendments which have been adopted by the House.
Mr. RANDALL, of Pennsylvania. It says it shall go 40 miles.
Mr. PRICE. If the gentleman had listened to the amendments he would have known that has been guarded.
Mr. KASSON. I move my amendment in a modified form. so as to bring it within the rule.
Mr. MORRILL. I know when land grants have been made to certain States, and it was found they were not enough, they have come back and asked us to make up the deficiency in other quarters. I desire to know what guarantee we have this company will not come here and ask for other land.
Mr. PRICE. I do not think we have a guaranties that these men will not do a great many thinfls for the next 50 ears. I do not know whether they will ask or more lands; but if they do. there are no more.
Mr. DAWES. It is the last bite. [Laughter.
Mr. GRINNELL. A friend of mine on the other side, though differin in politics, just came to me and remarked, “T want to appeal to the honest member from Iowa. to know how this matter stands.” I replied we were takin a great deal of time over a simple thing. Jweilnl naysk] the Gentfrom Indiana, (Mr. who is so much troubled about this great grant of lands. what it is, really. Some 20 or 30,000 acres of land, of refuse lands. which even Missouri“Pukes” would not take up, and has been in the market for years at a few cents an acre.
Mr. EGGLESTON. Then why do you want them?
Mr. GRINNELL. Let the company take them and see what they can do with them by draining and otherwise.
Mr. EGGLESTON. What does this company want. with these poor refuse lands?
Mr. URINNELL. They want to have a variety to show my friends constituents when they come there, had landsaswell asgood lands. This road passes through a county in my district; and the people arefinaking great sacrifices for what they need. Let no vote, and help a noble enter prise.
Mr. RICE, of. Maine. the following: Promdedfurther, That the lands granted by this bill shall not exceed 40,000 acres. I ask leave to move
Mr. PRICE. I do not yield to that amendment.
Mr. HALE. I wish to ask the chairman of the Pacific Railroad Committee whether under the 4th section of this bill this company may not connect their western terminus with the Union Pacific road, or one of its branches, by a north and south road, instead of a road running westerly? I notice that the section specifies no eastern limit of the point of junction with the Pacific road. but a western limit only. I do not understand that it is our policy to grant. lands to enable these companies to build north and south roads.
Skip Skip Mr. PRICE. I do not think that can hap pen under the bill as amended. I demand the previous question. The House divided; and there were ayes 35, noes 58. Mr. WILSON, of Iowa. I demand tellers. Tellers were ordered; and Messrs. PRICE and SPALDISG were appointed. The House again divided; and the tellers reported ayes 47, noes 57. So the previous nestion was not 2nded.
Mr. WENTWORTH. I have no remarks to make. I am satisfied that this bill has got a large majority of friends in this House, and if it could be sent to a pror committee and put in a propershape, believe that this House will give the State of Iowa for this purpose any amount of land she asks for. I now move that it be referred to the ComPubLands, and on that I demand the previousquestion.
Mr. WENTWORTH. I insist upon the demand. I do as the gentlemen did; they would not let me speak. [Laughter]
Skip Skip The previous question was 2nded and the mam question ordered; and under the operation thereof the motion was agreed to. Mr. wENTWORTH mtRtv the bill was referred; upon the table. Agreed to. NORTHERN PACIFIC RAILROAD.
Mr. PRICE. I am instructed by the ComPacificRR to report back House bill No. 414, to secure the speedy con!truction of the Northern Pacific railroad and } telegraph line and tose cure to the Government the use of the same for postal, military, and I other purposes, with an amendment, and with a recommendation that it do pass. The bill was read.
Mr. RANDALL, of Pennsylvania. I rise to a point of order. This is an appropriation bill, beinga pledge of the credit of the U.S. Government to pay certain interest mono and pay the principal ll case of the failure of the company.
Mr. PRICE. I would like to say a word on that.
The SPEAKER. The Chair will hear the gentleman before he decides it.
Mr. PRICE. The gentleman makes the point that this is an appropriation bill because it provides that the government shall pay from the Treasury certain sums of money. I have not the bill before me. but I do not think such language as that is to be found in the bill. It only provides that the Government shall guaranty the payment of certain sums of money. It
Mr. SPALDING. When the 1st25 miles are completed we have to pay $47,000.
Mr. WASHBURNE. of Illinois. Read 2 or 3 lines of the bill.
The SPEAKER. The Gentfrom Iowa desires to say a few words before the Chair decides the question.
Mr. PRIC f. I maintain that the point of order is not well taken because this bill only guaranties the payment in a certain contingency which may never arise. It is a guarantee in the happening of a contingency, and until that arises there is no money to be paid. There is no appropriation made for the payment of money.
Mr. WASHBURNE, of Illinois. Ibeg ar don; the Speaker will see from the very an guue of the billthat it is an appropriation bill.
The SPEAKER. The bill pledges the “credit of the U.S., in such form as the SecyTreasury shall prescribe, to the payment of the interest of the stock of the said company from the date ofissue of the same, and for a period not exceeding 20 years from the late of said issue, at the rate of 6% or annum, pay able semi annu ally on the 1st aysofJuly an Januaryin each and every year, In the legal currency of the U.S., at the Treasury of the U.S. " The 2nd section provides that certain moneys shall “be applied by the SecyTreasury to reimburse the government for any moneys paid for interest as aforesaid."
Mr. BINGHAM. I beg leave to suggest whether it is not very apparent that not one dollar of interest can ever be paid without an act of appropriation subsequently passed by Congress.
The SPEAKER. Will the gentleman please point out what part of the bill so declares?
Mr. BINGHAM. The language of the bill is, “to lodge the credit of the U.S. in such form as the SecyTreasury shall prescribe to the payment of the interest of the stock of the said company for a period not exceedin 20 years from the date of saidissue, att e rateof 6%. perannum payable semi annually." That is:1 led e of the credit of the U.S. what then ? Before it can be aid there must be an appropriation passed y Congress authorizing its pay ment. Mr. WASHBURNE, of Illinois. There is a pledge of this payment “on the lst days of July and January in each and every year, in the legal currency of the U.S. at the Treasury of the U.S., or any of its depositories.” If that is not one propriation there is no language that can run e an approprintion.
The SPEAKER. The Chair might as well decide the point of order. He is very clear in regard to it.
The SPEAKER. The Chair will our the gentlemans suggestion.
Mr. DELANO. I desire to call the attention of the Chair to the clause making provision for the use of the money that may be slaced in the Treasury from the sale of the Ian s. It is in these words: Shall be depositedin the Treasury of the U.S. by the treasurer of said companyon the lst days of April and Octoberin eachand ovary year, to be apphc by the SecyIrcusur to retm bursethe Government for any moneyspai forinterestas aforesaid. Now, I ask whether any further legislation is necessary to authorize the SecyTreasury to pay out this money which is to be thus applied and which is here appropriated.
The SPEAKER. The Chair referred to that very section in his remarks. The Chair sustains the point of order that this isin appropriation bil for the reason that If; its own force it takes money out of the Treasury. This bill on every 1st of January and every lst of July would take money out of the Treasury by its own force. There are 2 sections in the bill which involve appro rlations.
Mr. wASHBURNE, of Illinois. Then I submit that the bill must go to the ComWhole on the state of the Union.
Mr. STEVENS. I move that the bill be recommitted to the ComPacificRR.
Mr. WASHBURNE, of Illinois. I move that it be referred to the ComWhole on the state of the Union; and upon that motion I demand the previous question.
Skip Skip The previous question was 2nded, and the main question ordered. Mr. ROSS moved to lay the bill upon the ta e. The SPEAKER. That would be acting on it in the Honse,althou by it isan appropriation bill. Mr. ROSS. Well, I withdraw the motion. The question being upon the motion of
Mr. WASHBURNE, of Illinois, to refer the bill to the ComWhole on the state of the Union, Mr. WASHBURNE, of Illinois, demanded the yeas&nays. The yeas&nays were ordered. The question was taken; and it was decided in the netive yeas 43, nays 65, not voting 76; So the House refused to refer the bill to the ComWhole on the state of the Union. The question recurred on Mr. Srsvnnsfs motion to recommit the bill to the ComPacificRR; and being put, the motion was agreed to. 2 Mr. WASHBURNE, of Illinois, mtRtv the bill was recommitted; upon the table. The question was put; and there were ayes 38, noes 65. So the motion was not agreed to. The question recurred upon the mtRtv the bill was recommitted; and being taken, it was not agreed to.
Mr. PRICE. I am instructed by the ComPacificRR to report back with amendments House bill No. 414, to secure the speedy construction of the Northern Pacific railroad and telegraph line, and to secure to the Government the use of the same for postal, military, and other purposes, with a recouunendation that it do ass.
Mr. WASHSURNE, of Illinois. I rise to a point of order. My point of order is that the ComPacificRR has not ordered any such report to be made.
Mr. PRICE. That is a question of veracity between the Gentfrom Illinois [Mr. Wasnnunxn] and myself, which can best be settled elsewhere.
Mr. WASHBURNE, of Illinois. I make the point of order that the committee has had no meeting since this bill was recommitted, for the Gentfrom Iowa and all his colleagues have been upon the floor of the House all the time.
The SPEAKER. The Chair overrules the int of order. If the Gentfrom Iowa [Mr. Puree] states that he is authorized by the committee to make the report, the Chair has no right to go behind his statement.
Mr. WASHBURNE, of Illinois. I rise to a still further point of order: that it is within the knowledge of the Chair that the bill had not been recommitted to the committee 2 minutes when the Gentfrom Iowa stated that he had been instructed by the committee to report it back, and therefore it was utterly impossible fOr the committee to have had a meeting; and that the committee has had no meeting, for the members of the committee have all been in their seats here since the bill was recommitted. Therefore, it cannot be true in point of fact that the committee has ordered this billto be reported back since it was recommitted.
The SPEAKER. The uniform rule of those who have occupied this chair is that when the chairman of a committee rises and states that he has been instructed by his committee to report a bill, that statement is assumed to be, no. The Chair has before him a precedent in the last Congress which, after the discussion, was assented to by the whole House, and no appoal was taken. It was the case of the Illinms ship canal bill, which was reported from the ComRds&canals. The Speaker ruled that it was an appropriation bill, and it was recommitted to the ComRds&canals. The chairman of that committee Mr. Arnold, of Illinois, arose in his place and reported the bill back, modified sothat it did not contain an appropriation in it. The point of order was madi: that he had no right to report the bill back at that time, because it was immediately after it had been recommitted, and there had been no action upon it by the ComRds&canals since its reoommitment. The point of order was over ruled by the Cliair, and no appeal was taken. The House cannot determine what instructions the committee may have given their chairman. They may have instructed him to report a bill which would be acceptable to the House; or they may have given him alternate authority, to report a bill in one form or in another; or he may have had an enlarged authority over the subject. The Chair cannot determine, nor can the House determine, what authority only committee may have given its chairman. f he states that e is authorized by the committee to make a report, the Chair is bound to receive the statement as correct. But there is the question of the reception of the report, which may be raised. The Clerk will read the rule.
The Clerk read as follows: “Itit is disputed that a report has beenorderedto be madeby a committee.the questionof reception mustbeput to the house. ”BarclducDigest.page59.
The SPEAKER. That is the only question that can be raised.
Mr. WASHBURNE, of Illinois. Let that question he ut.
Mr. RAN ALL, of Pennsylvania. I rise to another point of order; that is, that the ComPacificRR has no authority to sit during the sessions of this House.
The SPEAKER. The Chair sustains that point of order.
Mr. RANDALL, of Pennsylvania. This bill was recommitted during the present session of the House; and the House has continued in session all the time since the bill was recommitted.
The SPEAKER. The committee may have authorized the chairman to report an amended bill, in case the one 1st reported should he recommitted to them.
Mr. WASHBURNE, of Illinois. I have the floor.
The SPEAKER. The Gentfrom Illinois rises to discuss the question of the reception of the report.
Mr. PRICE. I wish to say a word in ref erence to thisquestion. I have stated thatI am authorized y the ComPacificRR to report this bill; and when I make a statement of that kind here or any where else, I warn gentlemen that I do not intend that myveracity shall be called in question with impunity.
The SPEAKER. The Chair will stateto the Gentfrom Iowa that gentlemen have the right to raise these points of order.
Mr. PRICE. They have the right to ascertain what is the fact; but when the fact has been ascertained by the statement
The SPEAKER. The gentleman will state his point of order.
Mr. ROSS. It is that brethren should dwell I believe to ether in unit. [Laughter]
Mr. The Chair sustains that point of order. Renewed laughter]
Mr. WASHB NE, of Illinois. I believe, Mr. Speaker, that I have the floor and I yield it to the Gentfrom Pennsyivania, [Mr. Tnarsnqithat he may move to adjourn.
Skip Skip Mr. THAYER. I move that the House adjfiurr.nR and ALL, of Pennsylvania. On that motion I demand the yeas and no. 5. The yeas&nays were ordere. The question was taken; and it was decided in the ne ative yeas 47, nays 58, not voting 78; So the House refused to adjourn.
Mr. WASHBURNE, of Illinois, obtained the floor.
The SPEAKER. The Gentfrom Illinois rises to debate the question of the reception of the report. The Chair will state that debate must be confined within a very limited range. The only question is as to whether the House will receive the report under the circumstances stated by the chairman of the committee.
Mr. WASHBURNE, of Illinois. I propose to proceed within the limited range stated by the Speaker.
Mr. BANKS. I raise a point of order, which is that the question presented by the Gentfrom Illinois is a question of the order of business, and is not debatable. If a discussion is to proceed upon the allegation that the chairman of this committee has reported a bill without authority, it is a question of privilege, and must be presented distinctl as such, and not as a question of the order O business. A question of privilege such as that would require an investigation into the transactions 0? the committee, which cannot be had at this time, and which cannot be discussed at this time.
The SPEAKER. The Chair overrules the int of order. The Clerk will read from the ournal of the 27th Congress, 2ndosession, page 1410, 11 precedent on this question.
The Clerk read, as follows: “ The Speaker statedthat no question of orderwas involved: thattho question.Sh l the bill beroceivod as the report of the committee?wasfor the House oablojencetteoddtoe, cide; and its the recction of the bill was that questionwould e put totho House. "The questionwas then put under the operation of the previous question."
The SPEAKER. It will be observed thatin that case the question was put under the operation of the previous question, showing that, without the Operation of the previous question the question would have been ebatable, though within the narrow limits Ju] st stated by the Chair. Of course the previous question would have been unnecessary, if, in the opinion of the occupant of the Chair atthnt time, the question had been undebatable. This is the only precedent the Chair has been able to find in the urried examination which he has had the opportunity to make since the point was raised.
Mr. WASHBURNE, of Illinois. I will endeavor to confine m elf within the limits laid down by the Speaker. Irdebate this in no spirit of faction. I say that my friendfrom Iowa [Mr. Prams] is mistaken in the position he assumes, and the House will hear me out in what I say.
Mr. SMITH. If the gentleman debates this, when he gets through, can the other side he heard? I raise the point of order.
The SPEAKER. The Gentfrom Illi. nois has not transgressed the proper limit of debate. The House will see there may be a time when the question of reception may be important. Acairman may rise and say he has been authorized to make a report, although a majority of the committee may be opposed to it. If his report be conclusive, the ousq would have to consider it.
Mr. WASHBURNE, of Illinois. I wish my friendfrom Iowa to distinctly understand I do not impugn anything he has said. such is not my habit “here or elsewhere " to use the slang of the day. [Langhten] But I call attention to this fact, and the House will bear witness to its truth, that this bill was reported back within 2 minutes after it was recommitted to the ComPacificRR, a committee consisting of fiiieen members. I am certain my friendfrom Iowa was not 5 feet from his seat all that time. I suggested what I know to be true as a mat t ero fact, that the committee had not in any parliamentary sense a meeting by which they could have ordered the reporting back of that bill. I will read the rule as laid down in the Manual. But. 1st I will state a case, which I think the 8Peaker will recollect, a case which arose in the 35th Congress, when Mr. Orr was Speaker. Mr. Clingman, as chairman of a committee, undertook to report a bill, when the question arose whether he was authorized to riport it. He said he had consulted smujority O members upon the floor and considered he was so authorized. The Speaker held he had no such authority utter consulting the committee one by one when they were not together as a body. It is laid down in the Manual as follows: “A committee meet when rindwhere the please the house hasnot oidoredtimcpnd place or thement theycan only notwhen toget ior and not by separate consultation and consent, nothing being no report of aoommittee but what has been agreedin committeeactually assemble." illanIui!. p. 85. I appeal to my friendfrom Iowa as an lion est, candid, and like myself a somewhat hasty man. whether he comes within that rule. If he will say in the presence of the House he has had the committee together and they have considered the bill and amendments made to iIt, will withdraw my opposition. I object to the reception of the bil.
Mr. STEVENS. Ican understand perfectly the case of Mr. Clingman referred to. He stated distinctly they had not a session. It is not this case at all. The chairman here was instructed to report this bill. He has so stated and no member of the committee has denied it. I call the previous question.,
Skip Skip The previous question was 2nded and the main question ordered. Mr. SPALDING moved the House adjourn, and demanded the yeas&nays. The ycas&nays were ordered. The question was taken; and it was decided in the negative yeas 40, nays 60, not voting 88; So the House refused to adjourn. The question recurred on 2nding the demand for the previous question on the reception of the report. I The previous guestion was 2nded ayes g8, noes 88, an the main question was or ered. Mr. SPALDING. I demand the yeas&nays on the reception of the report. The yeas&nays were ordered.
Mr. WASHBURNE, of Illinois. If the House adjourns, Mr. Speaker, will this be the 1st business in order in the morning?
Mr. STEVENS. If the question on the reception is decided now we may ndjourn.
Mr. RANDALL, of Pennsylvania. I want to raise it mint of order on the reception.
The SPEAKER. The gentleman is rather late, as the previous question is ordered on that subject. The Chair will state that if the House should adjourn this would be the unfinished business, and would come up as soon as the Journal is read.
Mr. WASHBURNE, of Illinois. that the House adjourn.
Skip Skip The question being put, there were enyes48, noes 49. Mr. DELANO. I demand the you and nnvs. The yens and on s were ordered. Mr. SMITH. f the gentleman will with draw his demand for the yens&nays, I will make a motion to adjourn.
The SPEAKER. It can be withdrawn by unanimous consent.
Mr. DELANO. to withdraw it. No objection was made. The questionwus then taken on the motion to adjourn, and it was agreed to; and there upon (nt ten oclock and 25 minutes p.m.) the House adjourned. I move I ask unanimous consent
@@@IN SENATE SENATE. Wsnsnsnn, April 25, 1866. Prayer by the Chaplain, Rev. E. H. GRAY The Journal of yesterday was read an approved. raorncrioit proU.S.sures orricsas.
The PRESIDENT protempera appointed as the committee of conerence on the part of the Senate on the bill (H.R.No. 288) to amend an act entitled “An act relating to habeascorpus and regulating judicial iroceedings in certain cases, " approved March1 8 1863, Mr. CLARK, Mr. Tnunuuu., and Mr. I ENDRICKS.
Mr. VANWINKLE, from the ComPensions. to whom was referred a bill H.R.No. 345) for the relief of Christina El or reported it with an amendment, and submitted a written report; which was ordered to be printed.
Mr. HENDRICKS. The ComNavAffrs, to whom was referred the petition of 15 petty officers and 26 sea men of the Western flotilla, praying for rize mone or compensation for eaptures made at Islan No. 10, Memphis, and other places on the Mississippi river, have instructed me to report it bac, and ask that the committee be discharged from the further consideration of the subject. I am also instructed to say that the committee were not willing to report against the petition, but there was not sufficient evidence accompanying the petition, nor were the committee able in the Dept to find sufficient evidence to justify a favorable report or a report of a bill appropriating money. the to ort was agreed to.
Mr. LANE, of Indiana, from the ComPensions, to whom was referred the petition of Andrew Branstetter, praying for a pension, asked to be discharged from its furt or consideration, and that it be referred to the ComMilAffr and the Militia, as it does not come within the urview of the ComPensions; which was agreed to. He also, from the same committee, to whom was referred a bill (H.R.No. 494) for the relief of Martha J. Willey, reported it without amendment. He also, from the same committee, to whom was referred the petition of Mrs. Josephine Rice, widow of Brigadier General James C. Rice, praying for a pension, asked to be discharged from its further consideration, upon the ground that the petitioner is already entitled to a pension under the general law. The report was agreed to.
Mr. KIRKWOOD, from the ComPubLands, to whom was referred a 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, reported it wi an amend ment.
Mr. CRAGIN, from the ComNavAffrs, to whom was referred the memorial of Edward StClair Clarke, acting asst paymaster U.S. Navy, praying to be relieved from all responsibility in consequence of money lost by robbery in May, 1863, while attached to the U.S. steamer Suin ter, submitted a report accompanied by a bill S.No. 283) for the relief of Edward StClair larke. The bill was read and passed to asec 0nd reading, and the report was ordered to be printed. He also, from the same committee, to whom was referred abill (H.R.No. 453) for the relief of Cornelius B. Gold, late acting asst paymaster U.S. Navy, reported it without amendment.
Mr. WILLEY, from the ComNavAffrs, to whom was referred the memorial of Otway H. Berryman, of the Navy, praying to be all owed an amount equal to the balance found against him on the settlement of his accounts as acting parser while in command of the U.S. schooner Onkahye and which he has been obliged to pay over to the U.S., submitte a report accompanied by a bill (S.No.284) for the relief of the children of Otwa H. Berryman, deceased. The bill was Aa and passed to a 2nd reading, and the report was ordered to be printed. CATTLE PLAGUE.
Mr. SHERMAN. I am instructed by the ComAg, to whom was referred a letter of the ComrAg giving information in relation to the rinderpest or cattle plague, to state that that communication has been considered by the committee, and after consideration they have directed me to report this resolution: Resolved, That there be printed for the use ofthn Senate 10,000 copies of a letter of the ComrAg communicating information in relation to the rinderpest or cattle plague. I ask for the present consideration of the resolution. By unanimous consent the Senate proceeded to the consideration of the resolution.
Mr. SpLINER. I was sorry to hear 2 remarks of the Senfrom Ohio. The 1st was that the cattle plague was coming. I hope that by proper precautions it may be averted. I do trust it may never come. I hope the Atlantic ocean at least may be a barrier. I was sorry also for the other remark that, in his opinion, Congress could not apply any reme y. I do not venture to question the accuracy of the remark: lint I was sorry that the Senator who had the question in charge had arrived at that conclusion. It does seem to me that under our Government Congress ought to be able to apply a remedy in such a case. Is not our Government defective to a certain extent if Congress has not that power? I merely open the question interrogative y now, without undertaking to express any opinion upon it. I agree with the Senfrom Ohio that it is of great importance that our people should be put on their guard. He therefore is right in causing the circulation of all public information on the subject; but I do hope that the Senator having the subject in charge will consider carefully whether it be not within the power of Congress, in some way or other, directly or indirectly, to applya precise remedy.
Mr. SHERMAN: The honorable Senator gave a broader meaning to my remarks than they would hear. I did not say that Congress had no power to prevent the spread of this disease. said that it had no power to pass such a law as was recently iflSSOd in England, the only one which seeine to be effective for the purpose; that is, congress has no power to direct the officers of the U.S. to go into particular districts or States of the U.S., and there seize all the cattle of private citizens within a given State or district and destroy them. I doubt very much whether such a power exists in Congress. It is a power that ought to be exercised by the States. congress may, however, by commercial regulations, do all it can to prevent the coming of this disease into the country, and it has already done so. A bill reported by me some time ago was passed, and under that bill the SecyTreasury has excluded all cattle, hides, and everything that can communicate this disease from infected districts. If the Senator can suggest any other remedy or any other measure I should like very much to have the benefit of it. The ComAg have not concluded themselves by their consideration of the subject from acting on any measure or reporting any measure that may seem to be necessar; but we do think that under our system O government the whole sale destruction of cattle in particular States and communities will not. be justified by any power conferred by the Constitution on congress. That is the only conclusion at which we have arrived, and I think upon that there is no doubt. If the Senator can nd any power in the Government of the U.S. thus to destroy the property of private citizens within the States according to the system adopted by the British Parliament. which is supreme within the jurisdiction of GreatBritain, should like to know where he finds it. The resolution was adopted. MRS. w. L. HERNDON.
Mr. COWAN. The ComPatents and the Patent Office, to whom was referred the bill (H.R.No. 193) for the relief of Mrs. William L. Herndon, have had it under consideration, and have instructed me to report favor ably upon it, and recommend its passage; and if there be no objection, I ask that it be put upon its passage new.
The PRESIDENT protempore. It requires unanimous consent to consider the bill on the day it is reported. Is there any objection?
Mr. TRUMBULL. I should li eto know if it is a bill calculated to take any time.
Mr. COWAN. No, I think not; it simply proposes to confer on her the copyright of a ook formerly published by public authority Herndons Expedition. I do not think there can possibl be any objection to it.
Mr. TR. MBULL. I do not know anything about this bill, but I know that we passed a similar bill a year or 2 ago, and afterward great objection was made to it.
Mr. CLARK. The fact is as stated by the Senfrom Illinois, that 2 or 3 years ago we passed a bill of this kind, and got into considerable difficulty about it, and the ComcClaims has been troubled with a petition from gentlemen claiming the right for believe every succeeding session, and there seems to be some doubt about the relief. I do not know anything about this case; and if Senators do know that it is entirely free from doubt, perhaps there will be no objection to it, but I think it had betterlie over an be printed, so that it may meet the attention of some one.
Mr. CONNESS. I think if an explanation of it is made, it will satisfy the Senator now.
Mr. CLARK. The difficulty is, that if we consider it now nobody will see it; but if we have it printed some Senator may see what the character of the bill is, or some person out side may get information on the subject.
Mr. TRUMBULL. Let it go over until tomorrow.
Mr. CLARK. I think myself it had better go over and be printed.
The PRESIDENT protemporc. being made, the bill lies over. BILL INTRODUCED.
Mr. POMEROY asked, and by unanimous consent obtained, leave to introduce a bill (S.No.285) granting lands to the State of Kansas to aid in the construction of the Kansas and Neosho Valle railroad and its extension to Red river; which was read twice by its title, referred to the ComPubLands, and ordered to be printed. RAILROAD BRIDGES ACROSS THE MISSISSIPPI.
Mr. HENDERSON. I desire to offer some amendments to this bill. In the 1st section, line 6, after the word “ Illinois, ” I desire to insert “and at Hannibal, Missouri.”
Mr. RAMSEY. I trust this will not be done. Let each proposition of this kind stand on its own merits. If the gentleman desires a bridge at Hannibal, it. might be well to introduce a bill of that kind, refer it to some committee, and have the facts investigated as they have been in this case. Representations have been heard on one side and the other, and the committee strike at what they consider to be a safe mean between the extremes asked by the railroad company and the navigation interests respectively. This propositid, df building bridges across the Mississippi river is a very serious one. I think in every instance the bill ought to be referred to a committee. For that reason I trust the gentlemnu will withdraw his amendment at this time and introduce a bill, as has been done in eve other case.
Mr. RAMSEY. Does the gentleman want an answer now?
Mr. HENDERSON. Mechanics say it can be done. The very best mechanics of StLouis wrote to my colleague and in self that a bridge could be built at the city O StLouis with a span of 600 feet.
Mr. RIDDLE. Only by iron suspension bridges.
Mr. GRIMES. At RockIsland the bridge is right at the foot of the rapids where the current is very strong; but no such condition of things can exist here.
Mr. TRUMBULL. The span there is only 112 feet.
Mr. RAMSEY. The whole difficulty at RockIsland is the obliquity of the piers to the current.
Mr. HENDERSON. That is the very dim cult that I am su eating. h
Mr. RAMSEY. hatis well uarded against in this bill. They are required here to be in the line of the current.
The PRESIDENT protempore. The morning hour having expired, it becomes the duty of the Chair to call u the unfinished business of yesterday, which is Senate bill No. 74, for the admission of the State of Colorado into the Union, the pendin question being on the motion to reconsider tghe vote of the Senate reject in the a lication of that State for admission.
Mr. R. SEY. Will it be in order to make this present bill which we are now considering the business of the morning hour tomorrow, or will it become so as a matter of course?
The PRESIDENT protempore. It would not become the special business of the morning hour under the present rule of the Senate.
Mr. GRIMESJ. It would come up after we got through with the mornin business.
Mr. POMEROY. We ha better make it a special order for tomorrow at half past 12.
Mr. SHERMANs I hope no special orders will be made.
Mr. GRIMES. I have an amendmentwhich I desire to propose to this bill, and I should like to have the privilege of offering it now that it may be printe.
The PR SIDENT protempore. If there he no objection, the Chair will receive the amendment, and the order to print will be entered.
Mr. TRUMBULL. suggest that the bill be made the special Order for half ast 12 tomorrow, so as not to interfere with the morning business, and I make that motion, so that we shall be able to get itup tomorrow.
Mr. SHERMAN. I do not think yve ought to make Special orders now, especially of abill of this chardeter. I
Mr. TRUMBULL. I will not insist upon it if the Senfrom Ohio objects. We perhaps can get it up tomorrow ornin without having it made a special order. I ope the Sea ator will allow it to ceme u then.
Mr. SHERMAN. I sha have no objection to its oming up but speci l orders interfere with e gene business of the Senate. ADMISSION OF COLORADO. The Senate resumed the con sideration of the motion of
Mr. Wilson to reconsider the Vote by which the Senate refused to order the bill (. No. 74) for the admission of the State of Colorado into the Union to be engrossed for a 3rd reading.
Mr. HOWE. If my colleague will excuse me, I did not quite understand what it was that the people of Wisconsin decided against. I was occu iied at the time.
Mr. DO LITTLE. I say the Union convention laid that upon the table by a large majorit.
Mr. DOOLITTLE. The proposition to in sist upon negro suffrage as a condition precedent cfore admitting the Statesof the South into full communion. The Union party of Wisconsin refused to do that, and because they refused to do it they sustained themselves in Wisconsin. As I have said, I do not propose to go into this question at length. i The members of this legislaure were electedupou a platform which rejected, as a party measure, negro suffrage in the State of Wisoonsin, and rejected as a party measure the insisting upon negro suffrage at the South as a condition precedent to their bein admitted into full communion; and they could not have been elected without it, and this Legislature, that that convention, acting with me, put in power, now assume to instruct me because I do not follow their behests l Mr. President, let me warn my friends here, as I warned my friends in Wisconsin and I do it in all sincerity that is a rock on which you will split; if you fall upon it, on will be broken; let it fall on you and it will grind you to pow der try it on just as soon as you please. While I insisted that it was wrong for the Federal Government to undertake to dictate to the States who should exercise the right of suffrage within their borders, and while I was opposed to making ne prosuffrage a part of the p atformvor creed of the Union party of Wisp cousin, 1, as an individual, did not object to negro sufriage in Wisconsin; and why? because the class of colored persons who reside within our State are, from shit, from education, trained as free men among free men, ca ableof exercising the right O suffrage, an advocated the extension of the right to them, I and I voted for it as an individual.
Mr. COWAN. How many of them are there there?
Mr. DOOLITTLE. 300 in the State. But, Mr. President, as I said in the beginning, I do not intend to go into that question now at any length. My purpose is to come directly to the question pending before the Senate. I agree with my honorable friendfrom Massachusetts [Mr. SUMNER] in very much that he has said on this question. There are somethings in which I do not concur with him, but at the same time I always accord to him the highest patriotism and perfect sincerity of purpose and ) character. One of the points on which I differ with him is this: I maintain that one of the rights which belong to the States under the Constitution, and which they have had from the beginning, is to judge for themselves on the question of snfi“r:igo. Believing that to be the right of a State, I do not feel at liberty to vote against the admission of a State because it declares that no Indians shall vote, or no negroes shall vote; or if it declares that certain classes of Indians may vote, or certain classes of colored men may vote; or even if it should oon to declare that women may vote, I should not vote to reject the constitution for that reason. If it established a property qualification, if it established an educatio al qualification, although I did not agree in lhie principle, perhaps, which was involved in the constitution, would not oppose the admission of a State for that reason, because I believe that is a question that the State should pass upon for itself. There is another oint on which I feel called upon to say a wor. I do not fully concur in the information which my honorable friend has in relation to the gentlemen who appear here cluimin seats in this Chamber as Senators from Colora o. I do not know what may have occurred in the presence of the committee on the conduct of the war, or the sub committee
Mr. SUMNER. That is all that I quoted. I added nothing to that.
Mr. President, and I very well know, (for we witnessed it with our own eyes last summer) that very many of the mining operations were suspended in Colorado. Out of perhaps 30 mills but 3 or 4 were in successful operation. In consequence of the 2 facts to which I have referred, the emi gration of the miners into other districts, and the interruption of communication across the plains, the expenses of living and feeding a single person were at least 5 dollars a day. How would it be possible in the Territory of Coloradopto maintain the successful operation of mining at such a high price of revisions? Mr. President, we know very wclFthat in the south part of Colorado, over in the SanLuis Park, the greater portion of the population is Mexican, and we now from all accounts that all that (portion of the population are very much (Iippose to Colorado coming as a State in the nion in its present condition. How, then, stands the question in relation to the people of Colorado? Do they desire to be admitted? Sir, the balance of the testimony is decidedly against it.
Mr. POMEltO Y. I do not like to interrn t the Senator, but I do not understand that the people in NewMexico or that portion of them in Colorado, are at all oppose to it, because NewMexico herself has fgrmed a constitution, and I am glad to say they have not got the word “ white ” in it, and they are coming here to ask that they may be admitted. They are acting with great unanimity in NewMexico on the subject.
Mr. DOOLITTLE. What I stated was that that portion of the people residing in the southern or southwestern part of Colorado, in the valley of the SanLuis Park, which is the Mex ican population, who speak S anish, are very much opposed to having Coliirado admitted into the bnion as a State.
Mr. POMEROY. I cannot see why they should be so opposed to it, when the Mexicans in NewMexico are in favor of a State. I have yet to learn that that is so.
Mr. DOOLITTLE. That undoubtedly is the act.
Mr. MCDOUGALL. Allow me to say that I have been there. The population of the SanLuis Park belong properly to NewMexico; all their relations are there. They are opposed to the Organization of this Territory as a State, being compelled to connect themselves with an organization that is altogether American.They are in favor of a State in YourMexico. I examined with great care the natural boundaries; and the natural boundaries would throw that pppulation of some 7,000 into New. Mexico proper. Mere lines do not make the boundaries of States.
Mr. NYE. Will the Senator allow me to oak him a question? What was the excuse for admitting Oregon with a small population?
Mr. DEOLITTLE. What was the population of Oregon?
Mr. NYE. Very small when the act of admission was tossed.
Mr. HOWE. Will the Senfrom Indiana allow me a short time on a question upon which my colleaQe has spoken?
Mr. DOOLITTLE. My colleague will allow the convention to which he refers, I stated the same, and also in all my speeches that were published. I perhaps did not argue it at length or we were fightingr other matters than that question; we were lighting to carry the Union party, and we did it.
Mr. DOOLITTLE. I will ask my colleague how he voted on that question; for or against it?
Mr. JOHNSON. If the honorable meme bers will excuse me, I rise for the purpose of inquiring what is the qnetion be ore the Senate.
The PRESIDENT protempore. The question is, Shall the vote refusing to admit the Territory of Colorado as a State into the Union be reconsidered?
Mr. JOHNSON. I do notsee that this discussion has much reference to that question.
Mr. HOWE. I am surprised that the honorable Senfrom Maryland does not see the point. [Laughter]
Mr. HOWE. My colleague asks me the name of the writer of this letter. I think I have described him so well that my colleague cannot be mistaken as to who he is; but I think every gentleman will see that I ought not to repeat his name because I have no authority for repeating it. I do not think he would hes itate to be held responsible for every sentiment that is there contained; but still, without having the authority to use his name, I certainly should not do so. So much in reference to the State of Wisconsin and to the action of her Legislature; and being, very much to my regret, on the floor, I believe I ought to as award or 2 about the proposed State of colorado. I would not allude to the subject only that I believe the Senfrom Maryland [Mr. Jousson] rather insists that that is the ending question. [Laughter]
Mr. DOOLITTLE. colleague will allow me, before he enters on that subject, simply to say that I will not now take the time or askthe time of the Senate to discuss this question between the Legislature of Wisconsin and my self until those resolutions arrive here which it has been said were passed; but at some time I will take n the question and then I will consider the an jects which my colleague has today presented. I simplyintended to reply today to what was stated y my honorable friendfrom Nevada [Mr. NYE] yesterday; but my colleague has gone into some 2 ort recother matters; and when the resolutions come here, I will express m self in full upon the whole subject and will reyto what my colleague has said.
Mr. HOWE. Mr. President, that is all perfectly satisfactory, of course. I declared that I was about to say a few words on the pending vuestion; but I am aware that I took the floor from my friendfrom Indiana, and I took it for the purpose of making this explanation, speak in on a point really irrelevant to the issue. I do not think I have a right to kee it forany other purpose, and I nowyicldit tot e Senfrom ndiana.
Mr. LANE, of Indiana. Mr. President, I do not propose to enter at any considerable y length into the general discussion of the subject before the Senate. I rise more especially for the purpose of performing an act of justice toward an old, ongtried, trusted, and true friend, whom I have known for 30 years. If the distinguished Senfrom Massachusetts [Mr. Seaman] bad contented himself yesterday with referring simplyto considerations growing out of the condition of Colorado and what he regards as the exceptionable features in the constitution of that State, I should not have felt bound or called upon to say one word further in the discussion of this subject. The Senfrom Massachusetts undertook, however, to disparage statements contained in the pamphlet signed by the 2 Senators elect from Colorado by reference to the report of the committee on the conduct of the war, in which the name of Governor Evans, one of the Senators elect from Colorado, occurs. That report was made under a misapprehension of the facts. The evidence was taken 1st before 3 members of a committee consisting of 9, then before 2, and finally, as I understand, ouly one member of the committee was present. They acted, doubtless, with perfectly fair and honest intentions, but the did in justice unintentionally to Governor vans, as I am prepared to show by an abstract of all the documents bearing upon the subject. The report of the committee accuses Governor Evans of prevarication as a witness before that committee. The point in issue was this
Mr. WADE. Asl do not know that I shall make any speech on the subject, and allusion has once or twice been made to whatoccurred before the committee on the conduct of the war, I barely wish to say that at the investigation which is alluded to here I was not present, although my name a pears as chairman of the committee appende to the report. The evidence of Governor Evans, and all the rest of the witnesses, will be found in the report precisely, I suppose, a it was taken down, and every one can consult that and ascertain how it was. I only wish to say that I was absent in NewYork and Boston prosecuting another investigation connected With that committee at the time Governor Evanss testimony was tpken, and therefore had no connection with tns.
Mr. JOHNSON. The Senfrom Wisconsin did not say, as I understood him, that the States never would agree to it. He only said they would note ree that Congress should pass a provision on the subject.
Mr. MCDOUGALL. I should like to ask the Senfrom Oregqn how we can be estopped On this question. know that is a term in the common law in some of the courts, and there is a law of estoppel; but it cannot apply to this case.
Mr. WILLIAMS. I do not lead any legal estoppel upon Congress. I acknowledge that Congress as the physical and legal power to change its opiuidn, but [ say thation ress did decide at that time that Colorado ha a population suficieut to entitle her to become a State, and when that decision was made, the people of Colorado, acting in good faith, proceede to form a State overument.
Mr. MCDOUGALL. I will ask the Senator, did that conclude us?
Mr. STEWART. Is the Senator aware that immediately after that, in the fall of 1865, in the election of State officers, 7,000 votes were cast?
Mr. STEWART. 1 should like to inquire of the Senator how he figures that out. He says that Indiana, as compared with Colorado, estimating her population at 15,000, has 90 to one in population; but Colorado will not have the same number of votes in electin a President that Indiana has.
Mr. HENDRICKS. The criticism of the Senator is right in respect to the election of a President. have not made the calculation as to what would be the disproportion in the election of a President. I made my calculation in respect to the voice in the passage of laws through this body, and then applied it without very much reflection to the election of a Pree ident. The disproportion would be very rent, and it would give to a man in Colora o for roster power and voice in the selection of a President than to a man in the State of Indiana. As to the 2 electors that are based upon the senatorial representation, my argument is correct. Colorado at the next presidential election,if she is admitted, will elect 2 senatorial electors, and those 2 senatorial electors will cast a vote equal to the 2 senatorial electors that are selected by the 1, 300,000 people of Indiana, In respect to the 2 senatorial del egates, m argument is correct, that one man in Colors O would have a voice equal to 90 men in Indiuna.
Mr. KIRKWOOD. Do I understand the Senfrom Indiana to say that the policy of our Government and the Constitution of our Government require equality in these things?
Mr. KIRKWOOD. Ta e the State of Del aware, take the State of Florida, which the Senator is so anxious to get in, and he will find an inequality, if not so rent, at very great between those States an the State he so ably represents here. It is not the policy of our government, Iaprehend, to have equalit in these things, an we do not have it.
Mr. IENDRICK. The existing inequality in the Senate of the U.S. was so ably discussed by the Senfrom Pennsylvania [Mr. BUCKALEW] some time since, and has been answered, or attempted, at least, to be answered by some Senators, that it is not necessary now for the Senfrom Iowa or myself to redisenss that question. The fact that there is inequality in the old States that came in as colonies into the Union and helped to make this Government does not justify us in carrying that inc quality beyond any point known in our history eretofore. In 1787, as I have said, when a territorial government was given to the Northwestern Territory, it was required that before the admission of a State from that Territory there should be a population entitling the State to 2 Representatives in the House a population of 60,000. I believe the same provision is found in the territorial government for the Southwestern Territor, and in the territorial government for the erritory of Louisiana, showing a policy and purpose by our forefathers; and I understood) the chairman of the ComTerritor to say that that has been the sentiment constantly from the foundation of the Government up to the present time, some times, for particular reasons, departed from, as in the case of Kansas.
Mr. STEWART. Was it not departed from in the case of Florida and Arkansas to a.greater extent than in the case of Kansas? heither of them, as I understand, had as much as 15,000.
Mr. Me OUGAL. Will my friendfrom Michigan allow me to ask him, is there any such thin as an estoppel as against a judge on the benc, he being bound to do justice? Is there any such thing as an estoppel where one has authority? It may be applied to parties liti gant, but not to the judge.
Mr. HOWARD. I am not speaking of tech nical esto pels in trials at law. We all know right wel that estoppels are mutual. What I mean to say is that we are upon every political and moral principle precluded from urging now, as an objection against the admission of colorado, that she has not sufficient population, because we acted upon that identica question in 1864, and said to Colorado and said to the whole nation that Coloradopthen possessed a sufficient populationto justify us in forming her into a State.
The PRESIDENT profempore. Does the Senfrom Michigan yield the floor to the Senfrom California?
Mr. HOWARD. With agreat deal of pleasure. I hope my learned friendfrom California will now indicate his ideas in a tone of voice which will enable me to catch them on this side of the Chamber.
Mr. MCDOUGALL. Only one word. Suppose was wrong then; suppose I acted nna visedly.
Mr. HOWARD. That is not a supposable case.
Mr. MCDOUGALL and I change my opinions, have I not a right to express it by my voice? Answer me not.
Mr. HOWARD. I an pose, according to the Senators speech, he as availed himself of that high privilege of changing his opinion and changing his vote. I will now ask him aquestion; and that is, whether he did not vote orthe act of 1864, giving this privilege to Colorado?.
Mr. HOWARD and I think, as I am informed, he voted for the bill which was recentl under discussion in this Chamber.
Mr. HOWARD and made a speech, too, avery good speecb, undoubtedly, in favor of it. Most undoubtedly every gentleman has a right to change his opinion; but I say that without further light upon a given subject, without further facts to justify such amental mutation as my friendfrom California seems to have undergone, he can scarcely say that he has a moral right so to change his opinion as to change the proper course of legislation upon the question. However, sir that is a question which he must settle for himself. I cannot act as casu ist in so grave a matter. He must be his own Judge.
Mr. MCDO UGALL. The Senfrom California takes care O his own conse ience.
Mr. HOWARD. I be e be has a very considerable task attimesin oing so. [Laughter]
Mr. HOWARD and now, Mr. President, I think thatl have answered that objection, certainly in a manner satisfactory to my own mind, however uasatisfaetor I may have been in regard to the minds of others. The next objection relied upon by the hou orable Senfrom Massachusetts appears to be that the constitution which has been actu ally framed and is now before us is not in perfect accordance with that clause of the enab in act which requires that the constitution shal not be repugnant to the Constitution of the U.S. nor to the principles of the DeclarIndep; an he seems to hold that the restriction upon the right of suffrage found in the constitution of Colorado, by which all persons who are not white persons are excludbd from the electoral privilege, is a depart ure from that clause of the enabling act, the clause in the State constitution declaring that every white male citizen of the age of 20 one years, &c., shall have the right to vote. do not understand that this is any violation of or departure from the principles of the DeclarIndep. I was never able to discover in the DeclarIndep that it was the right of every person, white and black, to vote at the 0115. There is certainly no such clause contained in it, and I believe it has never received such a construction.
Mr. SUMNER. I would ask in learned friend if the DeclarIndep does not contain the proposition that all men are equal in rights.
Mr. HOWARD. The DeclarIndep declares that “all men are created c ua.
Mr. HOWARD and that "they are endowed with certain inalienable rights.”
Mr. SUMNER. Then permit me to ask him, does it not go further on say that all ust government stands on the consent of the governed 1 My learned friend will see that by this constitution one whole class is excluded.
Mr. HOWARD. I see plainly that one whole class is excluded by this constitution. That is very true; but it does not follow from that fact that it is a violation of the principles of the DeclarIndep, in my judgment. I suppose that notwithstanding the DeclarIndep, it is the right of every organized political community to regulate the right of suffrage according to the opinions and desires of a majority of that community. When we come to the question of government in a republican country the great and only final test is the will of the majority, whatever may be the comonent parts of the population. If, therefore, it be the will of a majority to exclude certain classes from the right of suifrage, where that will is exercised freely, I do not know any higher law pertaining to a republican government than that will. It must be submitted to. It may be right or it may be wrong in point of morals, in point of (philosophic prinnciples, but it must be submitte to as a practical rule of conduct, whatever may be the theory in regard to it. do not, I confess, Mr. President, regard this restriction of the right of suffrage in the colo rado constitution as of importance enough to withhold my vote from the bill now undercon sideration. If there was a large portion of the people of Colorado who were colored, if they were an important portion of the poulation, the question would then present itsel in a different aspect, and it might become a very serious question whether they ought not to be admitted to a participation in the privileges of government; but as I understand it, the numberthere is only some 40 or 50.
Mr. HOWARD. Suppose there are 100, and suppose the population of the present Territory of solomdo to be 30,000 or $5,000 or 40,000 or 50,000; I ask you, sir, especially as congress has already passed upon this question, according to my apprehension, whether we ought now to hesitate and to kce the State out of the Union simply because her people happen to have exercised the same rig it, the same power, be it right or wron, which is exercised in the constitution of most every other State in the Union.
Mr. SUMNER. Do I understand my learned friend as ar uing that you may deny rights to 100 persons but you may not deny them to 1,000?
Mr. Van Buren, who was then a candidate for the Presidency, took upon themselves, through their leaders, to call a popular convention, which the boys at that time were in the habit of calling the frost bitten convention. A vote was taken in a most irregular manner throughout the Territory, without oath, without challenge, without any of the forms of law ordinarily observed at such elections. Another convention was elected in this irregular way; that convention assembled together, although it was supposed that the law itself had spent its force under which the former convention was called, and gave the assent of the Territory to this change of boundary; where upon a no less distinguished individual than Andrew Jackson, then POTUS, issued his proclamation, founded entirely upon the assent of this irregular popular convention, and announced to the people of the U.S. that the State of Michigan was admitted into the Union. I do not refer to this precedent as one to be followed in all cases. At the time I regarded it more as a warning and as an admenition for the future than as a thing to be approved; but there it is upon the statute book and there is the proe lamation of President jackson, and here stands Michigan today admitted into the Union in virtue of such a popular decree. Mr. President, I have consumed more time than I intended upon this subject. I as regard, I said before, the statute of 1864 as holding out to the people of Coloradopthe ledge O Congress, that upon the formation O a constitution by them which is republican in form, and not inconsistent with the DeclarIndep, they shall be admitted into Congress as one of the States of the Union on an equality with the other States; and I shall vote to reconsider the bill, and I hope to have the good luck to vote for the bill upon its final passage and to see it adopted by a very respect able majority of the Senate.
Mr. SUMNER. Mr. President, I cannot forbear returning my thanks to the Senfrom Vermont for the noble utterance that we have heard from him. He has reminded you of the true principle on which you are to ass. He has held up before you the dignity of the occasion, and has rallied this Senate to its duty. I thank him, sir. His speech ought to produce an effect on his associates in this Chamber. It ought to remind them that there is a truth which cannot be put aside for any temporary expedienc. I am grateful to the Senator for the speec he has made. I think the Senate will do well to sleep upon it to night, to reflect upon it, and when they come here tomorrow to do their duty in maintaining those principles which he has so clearly advocated. I move that the Senate do now adjourn. [“No, " “No.”] llhe motion was not agreed to.
Mr. WILSON. I hope we shall now procced to take the vote on the ICCOHSldlTflilOIl. I think we have spent sufficient time in this discussion.
Mr. GRIMES. If the Senator will give way, I move that the Senate adjourn.
Mr. GRIMES. Iwith rawthemotion merely for the purpose of saying that it must be evident to the gentlemen who have charge of this bill that there is no desire to speak against time. 2/3rds of all the spea Kill" that has been done today has been by the iiiends of the bill. It is past the usual hour of adjourning. I do not know of anybody who desires to speak at all on the subject except the Senfrom Maryland. I therefore move that the Senate do now adjourn. Mr. SHERMAN. I call for the ycas&nays, because there is a ressnre of public business, and this thing as occupie now several days. I think the discussion has gone as far as is necessary.
Mr. GRIMES. I trust we shall have the ycas&nays, and let us see whether or not members of this body are afraid to have their names recorded when a gentleman rises at this period of the day and asks for an adjournment to enable him to be heard.
Mr. SHERMAN. The Gentfrom Maryland does not ask it.
Mr. JOHNSON. I am in the hands of the Senate.
Mr. GRIMES. The Senator yielded the floor to me to move an adjournment. The yeas&nays were ordered.
Mr. POMEROY. I understood the Senfrom Maryland to say that he was willing to go on now.
Mr. JOHNSON. I said I was in the hands of the Senate.
Mr. POMEROY. If he is willing to go on I shall vote against adjourning. The Secretary proceeded to call the roll. Mr. STEWART. I desire to say that Mr. HARRIS and Mr. Hnxnnusou have paired off. Mr. DOOLITTLE. I desire to state that Mr. DIXON, and Mr. LANE, of Kansas, have paired off. The result was unnounced yeas 14, nays 21; ABSENT 14. So the Senate refused to adjourn.
Mr. RAMSEY. Will the honorable SenfromMarylaud, now that he is speaking on the point of the voting population as the test of the real population, nl ow me to call his attention to what has occurred in the State of Minnesota? In the year 1864there were polled upon the presidential contest 2.23Svotes. In the year.1805, in the contest of that year for Governor, there were olled but 31.000 votes, and yet in that year the census of the State evidenced a opnlation of 250,000.
Mr. JOHNSON. What is the conclusion to which the honorable Senator comes from those facts?
Mr. RAMSEY. I arrive at this conclusion: that notwithstanding the increase of poulation there was a diminution of votes. 1 here is a difficulty in these new and frontier States in the people getting to the polls, so that some times there is adiminution of votes when there is not of population.
Mr. JOHNSON. It is pretty late to be interrupted.
Mr. HOWARD. I was merely goingto make a correction.
Mr. JOHNSON. What is the correction? I will hear the correction.
Mr. HOWARD. I was going to say that the documents which are before us show that the Mexican population in those 2 counties to which the Senator refers voted at the most recent election of members of the Legislature of Colorado, participated fully in that election, and also voted on the iiestion of adopting the constitution itself. T iey cast a very large vote.
Mr. JOHNSON. I understand, outside of the constitution itself and the record of the actual vote, that the whole Mexican population are decidedly opposed to the admission of the State.
Mr. HOWARD. They were opposed to becoming art of the U.S.
Mr. JOHNSON. But they are a part of the U.S. now, I presume.
Mr. RAMSEY. I think the only votes in Colorado against the constitution were the votes of that Mexican population. The American poulation all voted for it.
Mr. JOHNSON. All? That is not my information.
The PRESIDING OFFICER, (Mr. CLARE in the chair.) The question is, Will the Senate reconsider the vote by which they refused to order the bill to be engrossed fora 3rd reading I and on that question the yeas and an s have been ordered.
Mr. SUMNER. [had intended to say something before the debate closed in reply to different Senators who have s oken. What I said yesterday has been allued to by various Senators and has been criticised. do not wish to occupy the time of the Senate. I hope I have not abused its indulgence but I feel strongly on this question, and I feel that the Senate is about to make a great mistake. I make no question with regard to the motives of Senators. I concede freely to all about me what I claim for myself. I feel, however, that they are about to make a great mistake; but it is too late for argument; I know that nothing I could say would influence a vote; and my only motive now in speaking would be to vindicate myself. There is nobody out of this Chamber that at this moment I care to reach on this question; I only wish to reach my associates in this body; I wish to appeal to them and to plead with them not to make the sacrifice which it seems to me they will make if they take the ste which is now propoaod. I will not detain tcSenate, however, y another word.
Skip Skip The Secretary proceeded to call the roll. Mr. WADE. I ought to state that I have paired off with the Senfrom Pennsylvania, [Mr. DOLITTLE. I was requested to state by the Senfrom Connecticut, [Mr. DIXON, ] that he had paired oil" with the Senfrom K“ansas, [Mr. Lama] He would have voted nay;” the Senfrom Kansas would have voted “ yea.” Mr. GRIMES. By the authority of the Senfrom Maine [Mr. FESSENDEN Isecureda air for him with the Senfrom Oregon, Mr. Wiiiiisis.] Had he been here he would have voted in the negative. Mr. STEWART. I am requested by Mr. HARRIS to state that he is paired off with Mr. Hssnsnsozv. Mr. HARRIS would have voted against the reconsideration, Mr. HENDERSON for it. Mr. JOHNSON. As I said just now, I am paired off with Governor YATES, ofIllinois. Mr. RIDDLE. My colleague [Mr. SAULB sunv] has paired off with the Senfrom Minnesota [Mr. Nosron] on this question. He would have voted “nay” if he were here. Mr. WILLIAMS. I am paired with Mr. Fessiasnsx. Mr. MCDOUGALL. Permit me to ask a question for information. Do pairs count? of they hcl to make a quorum? The PRESIDING OFFICER. They are not counted. The result was announced yous 19, any 18;. So the mtR agreed to. The PRESIDING OFFICER. The bill is now before the Senate and open to amendment. If no amendment be proposed, the question is, Shall the but 1. eBgr ehed and read a and time?
Mr. SUMNER. I hope the Senate will now adjourn. There are a couple of amendments which I have to move to the bill. I do not wish to move them Several SENATORt oSnish1t1., yes; move them now.
Mr. SUMNER. Senators say, “Oh, yes, move them new.” I hope the Senate will adjourn. I move an adjournment. The motion was not agreed to.
Mr. SUMNER. I have an amendment to move. It is to add at the end of the bill the following pro vise: Provided. That this act shall not like elieqt.e1 goptunion the fundamental condition}. at within the tutor ereshall bl:no denial of the e cctivefrancluee or of any other rights on accountofcolor or race.but all persons the be equal beforethe law and the people, of the erntory shall by a majorlt of the voters therein. tsuch placesand under bu h regulations as shall bepreseriedby the governor thereof declaretheir enttothisfnndament leontlitionmnd the gOVgfnOlfiIlflll transmit to the POTUStotesnnnut cutie statement of such assent whenever the some shall be given, upon the receipt wwhheerreeoufphoens, hall. by proclamation.announce the fact: part of Congress. othuitsaancyt sfuhratlhl etralprommdinls on the 9 client. On that I ask for the yeas p d nays, The yeas&nays were ordldred, and being taken, resulted yeas 7, nays 2 7 ABSENT 10. So the amendment was rejected.
Skip Skip The bill was orderengross for a 3rd reading and was read the 3rd time.
Mr. SUMNER. I ask for tbeyeas&nays on the passage of the bill. The yeas&nays were ordered. The Secretary proceeded to call the roll. Mr. GRIMES (when Mr. Fsssssnsns name was called) said: I desire to repeat what I stated before. It is known to the members of the Senate that Mr. Fassssnss has been confined to his house for some ten days or 2 weeks by indisposition. At his instance I so cured a air for him on this question. Had he been here he would have voted against the lll. Mr. JOHNSON (when his name was called) said: I am aired on this question. MallAD (when his name was called) said: I am aired as I stated before. Mr. ILLIAMS (when his name was called) said: I If have paired off with Mr. Fesssxnns. he were here, he would vote “ nay, " and I should vote “yea.” Mr. SPRAGUE. The Senfrom Ken sns [Mr. LANE] desired me to my that he was aired off with the Senfrom Connecticut gin Dine xd as has been alread announced the Senfrom Wisconsin. he Senfrom Kansas would have voted “yea.” The result was announced yeas 19, nays 13; ABSENT 17. so the bill was passed.
Skip Skip MESSAGE snortTHp {tonsil}. A message from the HoRep. by Mr. McPmznsos, its Clerk, announced that the House had passed a bill SH.R.No. 611) imposing a duty on live anima a House BILL nssnasnn. The bill (H. No. 51!) imposing a duty on live animals was read twice by its title and referred to the ComFinance.
Mr. TRUMBULL. I move that the Senate adjourn. he motion was agreed to; and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. Wnnnssnsr, April 25, 1866. The House met at 12 oclock in. Prayer by Rev. HENRY N. BnLLows. The Journal of yesterday was read and approved. TELEGRAPH TO THE WEST INDIR
Mr. ELIOT. I ask unanimous consent to report from the ComCommerce senate bill No. 26, concerning telegraphic commnnication between the U.S and the island of Cuba, and other West India islands, and the Bahamas.
Mr. CHANLER. I object. DUTIES 0N IMPORTS.
Mr. BOUTWELL. I ask unanimous consent to introduce a bill to amend an act entitled “An act further to provide for the collection of duties on imports."
Mr. ROSS. Does it increase the duties on imports?
Mr. BOUTWELL. No, sir. This bill has been drawn with rest care by well informed persons on the subject, and the committee wish the benefit of having it printed. The bill was read a rat and 2nd time, referred to the ComJudiciary, and ordered to be printed. rsnsouu. EXPLANATION. Mr. SHANKLIN. I rise to make apersonal explanation. I discover that I am reported by the Chronicle and National Intelli gencer a few days since as having perpetrated a long written speech in the House on last Saturday, a thin. sir, that I never did, never expect to do, an do not know that I could do. My collea le [Mr. Rlrrsn] is entitled to the honor of having made the speech referred to and while I am unwilling to appropriate any of the laurcls of a gentleman 0? ins eminent ability, I am equally unwilling that he shall bank on my capital or make speeches in my name. I hope, therefore, that that will be corrccted. Another error in the same report. I am reported as having followed my colleague on my right, [Mr. SMIru] a matter which I am satisfied never entered the head of any gentleman here. Iwill say that I have always found my colleague [Mr. SMITH a very agreeable gentleman when met with, at the idea of following him, or the idea of expecting him to follow anybody long, certainly never entered my mind or the mind of anybody that knows him as well as I do. (PmughterJ I hope that may also be correcte.
Mr. SMITH. I wish merely to so that if my colleague would follow so good a eader as myself he would not have gotten into so many reellious se rapes and bad company as he has done during the last few years. WASHINGTON ACADEMY Oll MUSIC.
Mr. DONNELLY, by unanimous consent, introduced a bill to incorporate the Academy of Music, of Washington city, DistCol; which was read a 1st and 2nd time and referred to the ComDistCol.
Mr. ORTH, by unanimous consent introduced a JtResolution, authorizing O sale and transfer of arms, munitions and vessels of war; which was read a 1st and 2nd time, and referred to the ComForAffrs. ISAAC RAMSEY.
Mr. HUBBELL, of Ohio, by unanimous consent introduced a JtResolution for the relief of Isaac Ramsey, internalrevenue collector of the 8th district of Ohio; which wast read a 1st and 2nd time, and referred to the ComClaims. PERSONAL EXPLANATION.
Mr. BLAINE: I ask the unanimous consent of the House to make a personal expla nation. No objection was made.
Mr. BLAINE. Mr. Speaker, in the debate esterda on the Army bill in relation to the rovost varshnl General, there was some or sonal controversybetwcen the gentleman tom the Utica district of NewYerk [Mr. Cossuso] and myself. That gentleman has been longer a member of Congress than myself, but I have understood
Mr. WARD. I would inquire if my colleague from the Utica district is in his seat. 161117,
Mr. CONKLING. I hepe the member will yield to me for a moment to ask the loan of the sheets which he has obtained from the Globe o co.
Mr. BLAINE. There was nothing surrep titious about it; they were obtained openly; and I hope the gentleman will give them back to me, as am responsible for them to the Globe office.
Mr. CONKLING. I place myself under Obligations to the gentleman yasking him not to give me that i eof manuscript, but to indi cute to me the sliects to which he refers where alterations have been made.
Mr. BLAINE. On page of the manuscript No. 188} he says, as reported, that he is entirely responsible “not only here but elsewhere.” and that is cut out.
Mr. BLAINE, (handing a page of man uscript.) I will say
Mr. CONKLING. No, Mr. Speaker; I Would like to continue my statement so far as to read this sheet.
Mr. BLAINE. I hope the gentleman will state what is in his own handwriting.
The SPEAKER. The Gentfrom Maine asks unanimous consent to make a personal exlanation. The Chair hears no objection.
Mr. BLAINE. I desircto say a single word. aoutraoy, have reported me in iny rejoludur be far hence when it will become necessary for. "lhe reporters of the Globe, with their usual I with the phrase “hers arid elsewhere" in quotation marks. I want members to understand the precise point of my complaint. Though I am reported), and correctly reported, as refer ring to the gentlemans phraseology “here and elsewhere, and commenting upon the bravado of his manner, yet a personreading the debate might be led to ask what I was replying to when I quoted alphruse of that kind, the very mild phrase “at all times and places”, having been cunningly substituted in the remarks O thtiqgentloman irum NewYork. ow, Mr. Speaker, I never expected to make a personal explanation in this House in my lifa As to courage I am like the Methodist deacon about his iety I have none to speak of. If I had I shoulil be loath to introduce it incompe tition with a gentleman who left such a brilliant reputation for courage in the 37th Congress. A I.
Mr. QgNKLING. Ibeg to say one word that I did not see", of course, as gentlemen {Inderstarim the remarks of the Gentfrom I aine.
Mr. BLAINE. I am told at the Globe office he took the notes and did not return them till 12 oclock and one oclock this morning. That is said on my responsibility from Mr. Lewis, the su rlntendont of the composing room in the (l obe office.
Mr. CONKLING. The members zeal out rune his discretion, vihich perhaps is not the 1st occurrence of that kind in us life. Mr. Lewis, I undertake to say, and no other man who stands respectably in the community, told the member from Maine that I had for one moment the sheets containing his rejoinder or any part of them. So far from that one of the Globe ieporters, Mr. Lord, handed to me here for the 1st time, between 9 and ten oclock, during the evening session, the sheets upon which my remarks a peered, and those alone, and not all even of tesheets upon which my remarks appeared. They contained uothin else except the point of order submitted to the hair and the remarks made by the then occupant of the chair [Mr. Dawns] in decidingI that point of order. I took those notes in aste, went into a committee room“, read them over rapidly and corrected them. I never saw the notes of the gendemmfrom Maine. I did not know they contained an statement about “here or elsewhere.” I not think there was the flightest si ificfanoe in these words more than in any other for this purpose. I say the statement he makes that I had his notes until midnight or any other time, is without any shadow of foundation in truth., But Mr. Speaker, a member of this House capabic of domg p "say cat which upon 4 marked occasions ring this session I have detected in the Gentfrom Maine is capa lbie of saying precisely what he said here, and putting me in a position when I answer it which makes me feel owe an apology, if not to my self, to the members of this House, for detaining them one moment on such a matter. DUTY 0N LIVE INHIABB. m. MORRILL. I ask unanimous consent to report from the ComWays&Means a bill im osing a duty on live animals imported from oral n countries, and that it be acted upon by the House at this time. The bill was read.
Mr. MORRILL. Mr. Speaker, in view of the fact that we shall act upon the internalrevenue bill, which will be reported today, before we can aCt on the tariff bi l, it seems to the committee to be necessary and proper to report this in 1 advance, for the reason that there is at the present time no dut on as live animals whatever. We understar dv the anadians have adopted something of Iankeeingenuity, and are dnving over their herds to this side of the line, keeping them here til shoru and then driving them back a in. his is to prevent practice like that suppose there will be no objection to the immediate passage of the bill.
Skip Skip The bill was read a 1st and 2nd time moms to be engrossed “a leadathinl smi and being engrossed, it was accordingly read the 3rd time and passed. Mr. GARFIEL mtRtv just taken; on the table. Agreed to. NATIONAL BANKS and CURRENCY.
Mr. DARLING, by unanimous consent, introduced a bill to amend the act in relation to national banks and currency, approved June 3, 1864; which was read a 1st and 2nd time, and referred to the ComBanking&Currency. REBEL COTTON LOAN. Mr. KASSON, by unanimous consent, submitted the followmg resolution; which was read, considered, and agreed to: Ragoloed, That the President be requestedto communicate to this House, ifnotiiicompatible with the public interest, any negotiationsthat have been entered into by or proposed to the executive Dept of this Government respecting the rebel debt kgown as the cotton loan or any other rebel indebt e ness. WESTVIRGINIA.
Mr. LATHAM, by unanimous consent, introduced a JtResolution toextend to the counties of Berkeley and Jefferson, in WestVirginia, the provisions of an not approved July 4, 1864, entitled “An act to restrict the jurisdiction of the Court of Claims and to provide for the payment of certain demands for uartermasters stores and subsistence supplies urnished to the Army of the U.S.;” which was read a 1st and 2nd time, and referred to the ComClaims. CONTESTED ELECTION.
Mr. LAWRENCE, of Pennsylvania presented papers in relation to the contests election in the 21st congressional district of Pennsylvania; which was referred to the ComElections. RAILROAD IN, MINNESOTA.
Mr. JULIAN, from the ComPubLands, by unanimous consent, reported House bill No. 497, granting lands to ai in the construction of a railroad and telegraph line from the city of Yaucton to the west line of the State of Minnesota, in the Territory of Dakota; which was ordered to be printed, and recommitted.
Mr. WASHBURNE, of Illinois. mtRtv the bill was recommitted, on the table. Agreed to. EMIGRANT YESSELS.
Mr. RANDALL, of Pennsylvania, by unan imous consent, submitted the followmg resolution; which was read, cons1dered, and agreed to. Resolved, That the ComCommerce be requestedto inquire what legislation is necessary to prevept vessels from forei ports carrying an undue and disproportionate number of passengersand emi grants to their ship accommodations, and whether any precaution should be adopted to prevent the introductiori into this country of cholera and other infectious diseases in such overloadedvessels. DEFENSE OP MONTANA TERRITORBY.
Mr. SMITH. I ask unanimous consent to introduce a bill to provide arms and ammunition for the defense of the inhabitants of Montana Territor., Mr. SPALIHN G. I object. ESE UTCHEONS OF WESTVIRGINIA and NEVADA.
The SPEAKER laid before the House the followin reiort from the ComrPubBldg; which was referred to the ComAppropriat: Oirics COMMISSIONER or Pusmo Burtnmes. CAPITOL or run Usirsn firs res. Wasuisoros, April 25.1866. Sm: In compliance with the resolution of the HoRep of the U.S. of February 13, 1866.I have caused to be painted and placed in 2 of the anels of the ceiling of the HoRep the cse uteheonsof the States of WestVirginia and of Nevada. am. with high respect.your obedientservant. B. B. FRE, Gmimunonerof Public Buildings. Hon. Senurium COLPAX Speakero the HoRep of the U.S. NORTHERN PACIFIC RAILROAD.
Mr. WASHBURNE, of Illinois. I call for l the regular order of business. The House accordingly proceeded, as the regular order of business, to the consideration, of the unfinished business of last evening, being House bill No. 414, to secure the speedy construction of the Northern Pacific railroad and telegraph line, and to secure to the government the use of the same for postal, militar, and other purposes. 1he pending question was the question raised, by Mr. Wasanunss, of Illinois, on the recepltion of the report, upon which the previous lquestion had been 2nded and the main question ordered, and the yeas&nays ordered. l
Mr. WASHBURNE, of Illinois. I understand the Gentfrom Iowa [Mr. Pine n] expresses a willingness, if the report shall be i received, to give full and ample time for discussion. I therefore waive all objections to, the acceptance of the report.
Mr. WASHBURNE, of Illinois. He is willing tvsgive until August if necessary. i
Mr. WENTWORTH. Does he say so? [Laughterg i
Mr. WASHBURNE, of Illinois. Oh yes, sir. He means by that, of course, a reasonabletime.
Mr. WENTWORTH. I want to be heard on thisquestion.
Mr.WASHBURNE, of Illinois. Ihavethe pledge of my friendfrom Iowa [ML Paras], and will indorse it.
Mr. WENTWORTH. I would rather have the Speakers indorsement. [Laughter.]
Mr. wASHBURNE, of Illinois. I with draw objection to the reception of the report. !
The SPEAKER. The question then is, hali i the bill be engrossed and read the 3rd time? j
Mr. WASHBURNE, ofIllinois. Ine w raise i the question of order whether the bill is before i the House whether after it was recommitted l to the committee the reported back the bill which was before the House or another bill.
The SPEAKER. The question of reception is withdrawn, and now the question of order p is raised in regard to the bill being properly before the House.
Mr. WASHBURNE, of Illinois. My point i of order is that the bill before the House was never referred to the committee; that they never had it in their possession, and did not 1 report it back.
The SPEAKER. That involves the question of reception. The Chair will decide the point of order. The subject of a Northern Pacific railroad having been referred to the ComPacRailroad by petitions and bills, that gave them jurisdiction of the question, and they had a right to report the bill referred to them or another bill on the subject. The Chair, there ore, overrules the iquestion of order and the bill is before the House.
Mr. RANDALL, of Pennsylvania. I call for the reading of the bill, reserving the right to raise a question of order upon it when it has been read. The bill was read.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. Former, their Secretary, informed the House that the Senate insisted upon their amendments, disnrreed to by the House, to the bill of the House No. 238, to amend an act entitled “An act relating to habeascorpus and regulating judicial proceedings in certain cases, ” aproved March 3, 1863, and agreed to the conerence asked by the House on the disagreeing votes of the 2 Houses thereon; and had a pointed Mr. CLARK, Mr. luunnunn, and Mr. Hux BRICKS the conferees on the part of the Senate. NORTHERN PACIFIC RAILROAD AGAIN.
Mr. RANDALL, of Pennsylvania. It will be remembered that last night, when this bill was presented, I raised the point of order that i iIt was an appropriation bill. Since that time have conferred with many gentlemen, both those who are favorable to this measure and those who oppose it, and I have heard from them but one opinion, and that is that the Speaker, in giving his opinion and sustaining the point of order, was clearly correct. the bill as now reported again differs in no material manner from the bill reported last evening. I therefbre raise the same point of order, that this is an appropriation ill and must go to the ComWhole on the state of the Union.
The SPEAKER. The bill now contains the following proviso: Provided, however, That no money shall be paid on account of this bill until an appropriation shall be madefor that purpose. The Clerk will now read from the Globe a decision made upon this point by one of the predecessors of the present occupant of the Chair in the year 1863.
The SPEAKER. It has always been held that in order to bring a bill within the rule. the appropriation must be sufficient, without requiring Klli or legislation, to take money out of the That has been the uniform ruling of various occupants of the chair, and as this bill will not, without further legislation, take any money out of the Treasury, the Chair overrules the point of order and decides that this is not an appropriation bill.
Mr. WENTWORTH. I ask the Gentfrom Iowa to let the report be read.
Mr. PRICE. The question of the gentleman shows me what I have always believed, i that when bills are read from the Clerks desk, 5 not one man inten in. this House knows what is in the bills. Now, I will reiterate a fact I have already stated, that there is an amendment, not printed, but written, in the bill, by which the committee huve attempted to guard the matter particularly. The amendment provides that when the 1st 25 miles of the road are made, 25 dollars of every $100 they earn, or, if you please, 25 cents on every dollar they earn, goes right into the Government Treasury; not of the net earnings, but of the gross receipts; not even of the ross earnings, but of their gross receipts. If the company receive money in any way, fair or unfair, the Government is to have one quarter of it. One reason why the committee are in favor of this bill, is that they believe they can by this means aid the company to open and foster the vast regions of the Northwest, which for ages past have been, and probably to come will be, unsettled, undeveloped, unimproved, and untenanted without this aid; and at the same time that they give this aid, the Government will not be ayin out a dollar.Then, ask, what becomes of the declaration, which appears in the Globe oftoday, and which has gone to the world, that the committee recommend a reposition takin from 50 to 60 million dollars out of the Treasury of the U.S.? I take occasion here and now to repudiate that declaration, and to say that from 1st to last that was not the intent of the committee in any respect whatever, nor can any authority be foun in this bill for the declaration.
Mr. LYNCH. I would ask the gentleman ifhe includes in the gross receipts the sales of lands by the company.,
Mr. PRICE. The Government is to get 50%. of the sales of the lands, and 25%. of the receipts of the roa.
Mr. LYNCH. I understand that50%. to be of the proceeds of the sales of the lands on the southern side of the road. But if lands are sold on the northern side of the road, is the Government to be entitled to 25 perdent. of the receipts from that source?
Mr. PRICE. I do not understand that any portion of the proceeds of the land north of the road is to be given to the Government.
Mr. LYNCH. Would not the term “ gross receipts” include all the receipts of the road from sale oflands and otherwise?
The Clerk read as follows: HEADQUARTERSAmniis or 188UsirniZOSrArss, pr ".I the construction of a railroad by the proposed route would be of very great adynntagcto the government pecuninrily, by saving in the cost of transportotion to supply troops whose presence in the country through which it is proposed to passis made necessaryby the great.amount of emigration to the gold bearing regions of the Rocky mountains. In may opinion, too, the U.S. would receive an aeditional pecuniary benefit in the constructionof this road by; the settlement it would induce along the line of the road, and consequentlythe lessnumber of troops necessaryto secure order and safety. How far thesobenefitsshould becompensated by the General Government beyond the front ofion already awarded by Congres, I won d not pretendto my. I would merely KIVO it as my opinion that the enterpriseofcoostructing the Northern Pacific raib road is one well worth fostering by the General government, and that such aid could well be affordedas would insure the early prosecutionof the work. r U. S. GR. LieutenantGeneral.
Mr. PRICE. Now, Mr. Speaker, I under take to say, from that declaration of principles set forth in that letter, that if the Lieutenant General were here he would vote for this bill, for he says that the prosecution of the construction of this Northern Pacific railroad is well worth the fostering cure of the General governmeut.
Mr. WENTWORTH. I would ask the Gentleman whether the Lieutenant General is not one of the corporators. [Laughter]
Mr. PRICE. I reply to that by saying that the committee did not contemplate that any sum should be paid by the company to the government for interest on the guarantee of these bonds and further, I call the attention of the House a ain to this provision: if on the 1st day of July 1867 25 miles of that road shall be finishe, then the company come to the Government and say that it must indorse their bonds for $20,000 a mile on each of those, miles. Mind, that before the ink is dr on the indorse ment the road is in running or er, and is earning money, which money, by another provision of the bill is to be pai into the Treasury. At the end efsix months the holder of the stock comes to the Government to receive the interest on his guarantied stock. If in the mean time enough money has been paid in to the Government to pay said guarantied interest, the Government pays nothing. There was no intention on the part of the framers of this bill that the Government should receive any interest on the payments it might make on account of guarantied interest, on stock.
Mr. SHELLABARGER. I, wish the gentle man, chairman of the committee which reports this bill, won d let me state what I understand the effect this bill to be in some of the respects in which I think it bad. In the 1st place, the “original hill incorporating this companynbestowe upon this sections of land to corporation 40 temile in the Territories and 20 sections to the mile within the States. 1 en the 3rd section of this bill enables the corporation to sell this land in fee simEle, and place the proceeds in the power of the corporation. This vast revenue is thus taken from the Treasury of the U.S and the only iledge or security that anyedf the proceeds of this land will ever go to pay back the interest on stock which the Government has paid, and which interest may amount to from 40 to, 60 miliion dollars, is that the treasurer of the corporation is directed to pay into the Treasury of the U.S., which is just no security at all and then, sir, there is no provision at all for the payment of any interest to the U.S. upon the moneys the Government has aid out for this 6%. interest on stock, but only the principal is to be paid back. Then, again, although the U.S. has virtually built this road, and the stockholders have not, yet they require the Government to come in and guaranty to them that the road, which the Government land has built for these stockholders, shall pay them 6%. upon all the immense amount of stock to be issued and that, too, from the date of the issue and for not exceeding 20 years. I wish to know if these provisions an: in substance in this bill; nndi so, does the gentleman think this right?
Mr. PRICE. Before my friend goes further, I submit that he has not fairly stated the case; because before any guarantee is made, and long before any money is paid, the company must spend at least a million or a million and a half on the 1st 25 miles of the road, and so on from time to time in 25 mile sections. There is to be no guarantee of interest on stock until that is done. I am perfectly willing, if the Gentfrom Ohio prefers it, that an accurate interest account current shall be kept and that you shall credit the Government with interest on payments and charge it with interest on payments made by thocompany. So far as I am concerned, I ask nothing but a fair and square transaction, such as wou d take place between 2 men in able timatebusiness transaction; and if the goat eman wishes an amendment of that kind made, I presume there will be no objection to it. I do not think, golilvever, it will have any practical effect on the l Now, Mr. Speaker, I have no more to say at present upon this matter. I do not desire to consume the time of the House, because I am desirous for an early vote on the bill and as I do not wish to deprive others of the same privilege of debate that I enjoy, I now yield the floor. SERVICE ON a COMMITTEE.
Mr. WILSON, of Iowa. I understood yesterday that the Gentfrom Illinois, [Mr. CooK] my colleague on the ComJudiciary, was unwell and would not be able to be in the House. He is in his seat this morning, and I therefore ask to be excused from serving on the committee of conference on the habeascorpus bill, so that that gentleman may be placed upon it as he had charge of the bill when it was reported to the House. There being no objection, Mr. Wilson, of Iowa, was relieved from service on the committee of Conference, and Mr. Coon was appointed by the Speaker to fill his place. NOQTBBRN PACIFIC RAILROAD AGAIN.
Mr. PRICE. The Gentfrom Illinois [Mr. wssrwonrn] says he knows nothing abOut it. I would ask him if he has seen the Chicago Tribune.
Mr. INGHAM. I can onlysa, in reply to tbeGentfrom Illinois, [Mr. ENNORTH] that I learned this mornin for the 1st time that my name was inserte in this statute. I was not amember of the last Congress, and was never consulted upon the subject. I have no information upon the subject, and therefore can import none to the Gentfrom Illinois.
Mr. WENTWORTH. Now, I have proved exactiy what I wanted to prove, that a large number of respectable men are in the same positional; the Gentfrom Ohio, and do not know that their names have been used in this act as corporators. But. there are some persons who know their names are here; there are some who are running this machine under the names of these distinguished men. Now, who are they? They ask this HOuse to give them 50 or 60 million dollars. Yet one of the men who are named in the act as corpo ntors did not know that his name was there. Still. because I say this it is intimated that I had better look out or I shall be set down as an enemy to my own section of country and an enemy to the Northern Pacific railroad. Now, I want to know who are really the corporators in this company who are the active men. I want to know who is the president of this road, and Iwant to know how near he lives to the Canada line. Can anybody tell who the president of this road is? I would iike to have an answer, if anybody can give it officially. I do not want any guess work.
Mr. WOODBRIDGE. I can inform the fiantleinan who is the president of this road. e is a personal friend and an old acquaint.ance of mine, formerly Governor of my State a gentleman for whose integrity and ability I will vouch here and elsewhere. His name is John Gregory Smith. He is one of the railroad men of Vermont, operatin one of the most extensive railroads in NewEngland; and he desires the protection of these interests, so that this road to the Pacific may go through our own country, contributing to its wealth and prosperity, instead of going through her Britannic Majestys dominions in Canada, where the road must O unless this company can get some aid from congress.
Mr. WHALEY. I ask the Gentfrom Illinois [Mr. WEMORTK] to yield to me for a moment.
Mr. WENTWORTH. Does the Gentfrom WestVirginia [Mr. WHALEY] wish to say anything r on this subject? Mr. i nanny., es, sir.,
Mr. WENTWORTH. Then I yield to the gentleman.
Mr. WHALEY. I merely wish to any that when I saw my friendfrom Illinois upon the floor I thought it an ese ellent o ortunit for me to speak on this subject for iree of our minutes, which I knew he would not reffis to grant me. Let me saythat the arghmeit which that gentleman has presented against this bill, it appears to me, is, to use a Western phrase, a “ stumber." I wish to an Iier, thht while during the last 5 years have voted for aline stall works of national improvement, stretching ffom Maine into the Territories, I have come to the coueiusion that before wsimpose hpon our people any heavier taxation for carryingdu works of this character, before drawing from the Treasury of the U.S. increasedations of money, or propraq pl dging the credit of the U.S. to unyg eater extent, we should, in a straightforward and honest manner, in ct our obligations to the brave soldiers of the nation, and pass a bill to e utilize the bounties of the men who volunteeret in 1861 and 1862.
Mr. WENTWORTH. Now, Mr. Speaker, I want gentlemen to hndeistand whatl am driving at. I want to know whether we are to have this Northern Pacific rhilro ad completed or not. I do not whom he personally offensive because I “ am now speaking in the dark; an in the night, ” it is said, “all cats are rey.” I want to know who else are interested in this road; and I Would like to know, if my friendfrom Vermont can tell ine, whether they have eVer paid in an in.
Mr. WOOD IDHE. I am not able, Mr. Speaker, to give the gentleman the information he requires. I have had no personal connection with this road. But I am assured by Gentlemen in whom I have the utmost condence that this enterprise is undertaken in good faith, and it is to be controlled by one of the most intelligent, influential, and wealthy men in my own or another portion of the couutr.
Mr.WOODBRIDGE. In looking over the names I find among the cbrporators i the act sSed in 1864 the present president 0ion this, John Gregory Sthith, who represents this oad not asp. lobbyist and presenter of claims cfore {his conrcss.,
Mr. VENTiIe RTH. Dbdshe knowthat he is president? [Lauughter.,
Mr. BluAIN. Anion the imcorporators of thisroa are resident so two leading railroads my own State, one at present one of the iirectors of this mad Richard D. Rice and nson P. Morris 2 gentlemen for whom I will vouch eve here.
Mr. WENT ORTH. Do they know they hr there? [laughter.]
Mr. BLAI E. They know they are there, and I know the are there.
Mr. SHELL BARGER. I ask the gentle iniiti toyield to me.
Mr. ENTWORTH. I yield to my friend as he always talks sense.
Mr. SK LLABARGER. I want to put a question to my friendfrom Vermont as he seems to be familiar with the history of this corporation. A statement Was made to me by a gentleman of eminently good character, formerly a member of this House, that the fact might be known. He was a stockholderin this company, I understand, and isgerfectly familiar with the facts. I understood he wanted the fact known, although he did not want his name connected with the matter. I know nothing about it personally. His statement was this r that the gentlemen who had been instrumental and at considerable expense in getting this act passed by the 38th congess, and who are connected with it as stockholders, made a contract to transfer their interest; that it via! to be put in writin, but it was wholl or partly repudiated; thatt e contract rovied or the payment of some 150,000 dollars; and thatnow these srties having purchased the franchise, virtual y repudiate their engagements, and come into congress for the purpose of getting these large additional values to this franchise obtainc under such circumstances. That is the statement. About the truth of iIt know nothing in the world.
Mr. DELANO. Allow me to say in this connection that I have substantially the same information from another source.
Mr. WOODBRIDGE. I will answer that question so far as I know and I am known well enough in this House, I hope, to have it believed; I would not lend myself or my in fluence in any respect to get through an imiroper, nniust or dishonest claim.
Mr. WENTWORTH. Name the prominent railroad men.
Mr. WOODBRIDGE. Mr. Onslow Stearns, aprominent railroad man in NewEngland a mrm who stands as high as Mr. Ogden of the gentlemans own district who has done more to build up and develo the railroad system of the West than rm ot ciman in his district.
Mr. WENTWO TH. Gentlemen interrupt me and kee goingoff on side issues. WhatI want is the cts. All these big men are not in the bill. [Lan liter.
Mr. WENTWORTH. Where is the proof of it? Why do not they tell me the names of the officers of the company?
Mr. WOODBRIDG. I kuow some of the officers of the company who are here; and I know what they are here for.
Mr. WOODBRIDGE. The gentleman is a little nervous. I intend to give in views on this question; but if it will answer the purpose of the gentleman as well, I am willing to an swer his question now.
Mr. WENTWORTH. My object was to stir up a little inquiry on this subject. But I start upon this basis: that one of the worst things in the present time is the departure from the old safe precedent by all0wing billsto pass without any nd of report. 9 10ths of the members do not know what they are doing when they are voting upon such bills. It is committing political suicide; for when members are called to account at home for the votes they have given they have nothing to defend themselves with. Suppose, for instance, I had voted for this bill on the strength of the name of my friendfrom Ohio [Mr. BINGHAM] bein in it. We all know him and what he has done or his country. What sort of a defense would that be before my constituents if I should be called on to explain it, say, 4 days before election? I would telegraph crhaps to my friend and he would send word back that he did not know anything about it. [Laughter]
Mr. RICE. I would ask the gentleman whether he does believe that in such a dark hour of trial, when his political enemies were seeking to oust him from his place, he would be protected by the ghosts of the soldiers with one arm and one leg who would come to his rese ue. [Laughter]
Mr. PRICE. I would ask the gentleman whether, in all his exploration of the West in connection with railroad companies, he ever knew a railroad company that did not have the privilege of varying their line and if he wrll look at this bill he will find that it provides that it shall not go further south than the 45th arallcl.
Mr. WENTWORTH. But they may go as far north as they please.
Mr. PRICE. They will not go into the British possessions.
Mr. WENTWORTH. I object to any member in this House or anyone else coming and whispering, r and telling this man and the other what will be done. It will not defend me before my constituents nor save them from the results of wrong legislation. I want to know why it is that we have no information on this subject, and why we are not allowed to have anything otiicial upon it. But the Gentfrom Iowa asks me a question, if I do not want to know that railroad companies are privileged to swing their line. I do not think that is a properway to get a job through this House.
Mr. PRICE. Did the gentleman ever know a land grant of any other character?
Mr. WENTWORTH. I will state to the Gentle man this: that is just what I am complaining about. I say that no individual in this House has the right to get up here and make an otheial communication of this kind. I say this bill should go to the ComPubLands, so they may bring forward their report and put their names to it., and if the gentleman will move that I be added to the ComPubLands, Iwill agree to state what I know, and put my name to it. Now, I am seriously afraid, and my constitquents are afraid, that it is the intention, if this bill shall pass through Congress, to carry this road, under the 6th section of the bill, into the British Provinces and bring it around so as to communicate with the Grand Trunk road at Portland, Maine, and make this a great Pacific feeder for that road.
Mr. PRICE. I will ask the Gentfrom Illinois if he does not know, as well as he knows he has an existence, that this road cannot by any possible means go into the British Prov inces.
Mr. WENTWORTH. I do not know any such thing; neither does anybody else know it.
Mr. PRICE. The gentleman is the best know nothing I ever saw. [Laughter]
Mr. wENIWORTH. I do not profess to know anything that I am not certain of, and which I am not willing to put my name to. I never know so bi a lot 01 know nothings as these men are WHHOcome here to get money out of our Treasury. Now, Iask the Gentfrom Iowa why he objects to allowin this bill to go to the comPubLands.
Mr. PRICE. It affords me a great deal of satisfaction to answer the gentleman. It is simply and entirely because there is not an ounce nor an inch of land in the bill, any way on measure it or weigh it.
Mr. WENTWORTH. Then, if there is no land in the bill, there is money; for they must have something and if there is money, the bill ought to go to the ComWays&Means, of which I am a member. Let it go to that committee, and I will sign any report I may bring in.
Mr. FARNSWORTH. With the permission of my colleague. [Mr. WsNrW0mB] would like to ask the Gentfrom Iowa [Mr. PRICE] a question. him informed that some of the present officers of this road, under the new regime. are residents of Canada. Is that so?
Mr. PRICE. If that is so I am not aware of it and I will take occasion to say, in this connection, that althou by that might possibly be true, even if itbe so, { I will say to the Gentfrom Illinois, Mr. Faasswmrrnfl and to allothers, that this government pays no money to anybody until they have 1st eXpended their own money to build this road. That is apoint in this case which I do not wish this House to forget. I do not know, nor do I believe, that any of the directors of this road are residents of Canada.
Mr. WENTWORTH. There it is again; it is “ know nothing” all around. [Laughter] Nobody knows anything except the men who want this money. Then “there is the little joker" again; “now you see it, and now you dont see it.” [Great laughter.] Here is land and there is money. When you say anything about this bill they say “there is no land in it;” and when you refer them to that bill they say “there is no money in it.”
Mr. PRICE. That other bill was passed 2 years ago
Mr. FARNSWORTH. If there is no land in this bill I would ask the Gentfrom Iowa [Mr. Paton] what this 3rd section means. I will read it: Site. 3. aAbife: led.That the patents for or lists of land grantedto thise ompanyshall convey the fee simpleof said lands to said company in the most full and complete manner, and that none of the lands grantedto said companyshall besubject to nnygeneral orlocal tax, for any purpose whatover. till after 2 yearsfrom dateof said conveyance. Now, if there is no land in this bill, what does that section mean? ltMr. PRICE. I suppose the gentleman wants me to answer that question, and yet I can hardly think he does. He pretends to be a lawyer, and for anght I know he is a very good one. Does he not know the difference between granting land to a company and carring out the revisions of a grant of land lbvng since may c? There is no grant of land in this bill, but only provisions for carrying out a former grant to this company upon their complyin with certain conditions.
Mr. WENTWORTH. Now, Mr. the gentleman stated that this had noStpeinagkert, o do with public lands. I asked him why he objected to this bill going to the ComPubLands, and int; answer was that it contained nothingin relation to publiclands. Now, as the gentleman admits that it does relate to public and s. I want to know whether.he still objects to the proposition to refer the bill to the ComPubLands.
Mr. PRICE. I do not admitany such thing. The bill does not contain the grant of an inc of land; and an gentleman who will read it must see that it oes not.
Mr. WENTWORTH. Does the gentleman mean the bill or the charter?
Mr. WENTWORTH. Well, this is only another illustration of “now on see it, and now you dont." [Laughter Now, Mr. Speaker, I think this is one of the most imrtant bills coming before the House this sessmn. There is not an individual in this House who will ofurther than I will tosecure the object which this bill professes to seek. Butbefore I vote to give away this large amountof money, I must know how it is to be expended, and who is to have charge of the enterprise. I know that men when they get into these corporations very often "water" the stock, sell out at an advance, and some irresponsiblepersons come in as stockholders. Iwant to know what responsible men are goin into this enter prise. I want to know someting about their organization; I want to know the history of the matter. I want to have something in the shape of offieial documents. I would like to have a report from the ComPubLands, to whom I think this bill should be referred. I move, therefore, that the bill be referred to the ComPubLands. I shall not call for the previous question; for I hope that every member who desires to speak on this subject will be allowed to do so.
Mr. MOItRILL. Will the Gentfrom Oregon [Mr. HENDERSON] yield to me a moment that I may report a bill from the ComWays and leans? ML. HENDERSON. I will do so. INTERNALREVENUE.
Mr. MORRILL, by unanimous consent, reported from the ComWays&Means a bill 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 30, 1864, and acts ameudatory thereof; which was read a 1st and 2nd time, and ordered to be printed.
Mr. MORRILL. I desire thatthis bill shall be referred to the ComWhole on the state of the Union, and that it be made a special order. I am willing to leaveit to members of the House to say what time willbe most convenient for its consideration.
Mr. WASHBURNE, of Illinois. I suggest to the Gentfrom Vermont that he cave the time indefinite for the present. That can be fixed hereafter.
The SPEAKER. There are no special or ders in the ComWhole on the state of the Union except the Indian appropriation bill, which the c airman of the ComAppropriat has stated he is not ready to go on With.
Mr. MORRILL. I suppose that the country is desirous to have as early action as possible on this bill; and as it will take several days to have the bill printed, I would suggest that it be made the s ccial order for Monda week.
Mr. WILSON, of Iowa. We had etter fix an earlier da.
Mr. MORHILL. I move, then, that the bill be referred to the ComWhole on the state of the Union, and be made a special order for tomorrow week immediately after the morning hour, and from day today until disposed of. The motion was agreed to.
Mr. MORRILL. As most of the members will, I presume. desire a larger number of copies of this bill than the regular number, I move that 10,000 extra copies be printed in pamphlet form.
The SPEAKER. That motion will be referred, nude] the law, to the ComPrintg. sonrmznm rsenno RAILROAD AGAIN.
Mr. BURLEIGH. I ask the Gentfrom Oregon [Mr. Iluxnensou] to yield to me that I may ask the chairman of the Pacific Railroad Committee [ML Pine n] a question.
Mr. HENDERSON. I will yield for a question.
Mr. BURLEIGH. I have before me a map of the country through which this railroad is to pass; and I ask the chairman of the committee whether he can tell us the character of the land along the line of the road from the western boundary of Minnesota to the Bears Paw mountains a distance of 700 miles. The remarks of the gentleman, as made a short time ago, conveyed, asI understood them, the idea that this is a beautiful countr, and under the operations of this railroad will be made to “bu and blossom like the rose." I wish to know whether I understood the gentleman correctly.
Mr. PRICE. That region, I understand, is a tolerably fair country; but I said nothing definitely with reference to the character of the country, because my knowledge of it, like the knowledge of almost every other member is derived simply from the examinations an reports which have been made. I presume that in the course of the discussion information as to the character of that country will be develo ed.
Mr. URLEIGH. I want to ask one more question.
Mr. HENDERSON. I believe I must de cline to yield. The gentleman asks a question that can only be answered in a speech, and not in a minute. To tell the character of the land through which this road will pass would require an hour.
Mr. BURLEIGH. This road runs through the Territory which I have the honor to represent on this floor. Now, during the month of March last, when an appropriation was pending of $15,000 for surveying the lands in that Territory, the gentleman opposed it on the ground that the and s were not worth surveying. I ask the gentleman whether he takes that view now or whether he takes another view.
Mr. PRICE. This is outside of that question. I will state, for the information of the House, that the ComPacificRR have now under consideration a general lawmaking the railroad companies to which lands are granted pay every dollar of the cost of surveying.
Mr. BURLEIGH. I want to know why the gentleman has changed his view in regard to these lands.
The Clerk read as follows: "The companys lands amountto 40 sections per mile in the crritories and 20 sectionspermile in the States. 0n the suppositionthat the latter are worth twice as much as the former, it may be said that the equivalent of 20 sections the southerly side) the entire lenllh of Ker raile(on the line is to bese tnpart for these ourit of the Government. This gives 12,800 acres or mile, which at $2 6opar acrc, amonutstofii2,000.. but the average sum permile on which the proposed guarantes is to take effect. SUPPOSIHBt, here ore, thnt the company should sell 6% annally of these laadg, the roeeedsof which are to be paid into the Trent:.s xty%.would besold during the ten the construction of the and, and this septagcof the whole is believ edto be a vailublofor In c and for settlement. 0n this suppositmn the Government will not come under advancesat all.“
Mr. DELANO. It will be observed, Mr. Speaker, that these gentlemen estimate the 20 sections in the States as bein worth actually and intrinsically as much as the 40 sections in the Territories. They estimate the 20 sections in the States as worth 50 peracre and then they show, by their own estimate, which i. but before us to induce us to give further aid to this road that the value of e grant already made by the Government to the companyis $32,000 permile. They have estimate this land with the view of gettin" us to give them something more on the thin of this estimate. But, sir, if the estimate be true, will any man tell me that the company is not now able to go on and build that roadl
Mr. FARHSWQRTH. The gentleman will allow me to suggest, in support of his argument, that they compute on y the land on one side of the road in arriving at the estimate of $32,000 permile. They state that the land on the south side of the road is worth $32,000 permile.
Mr. DELANO. Then, according to their estimate, the land granted to them is worth $64,000 per mile.
Mr. DELANO. Yet, sir, With amazing assurance they now come here and tell us that with this munificent grant, this princely donation, they cannot O on and build that road. Why, sir, capital t roughout the conutryis now waiting honest and secure investments. If this company have anything like the pecuniary strength which the profess to have under the grant already made they can get anywhere advances of money sulficient for the completion of the road, and to pretend thatit is necessary for Congress to give the company more in order to secure the completion O a road from the Atlantic to the Pacific is a false pretense, and if money is obtained from the Treasury by such a pretense it is simply obtaining money by false pretenses, which in Ohio is an indict able offenss.
Mr. GRINNELL. Will the gentleman allow me to ask him a question?
Mr. DELANO. Yes, sir; as many as the gentleman desires. This is a school of cate chism.
Mr. GRINNELL. I desire to inquire of the gentleman whether he believes that this estimate of the value of the land granted by Coagress to this coin any is a correct estimate.
Mr. DELANO. ow, I want to make a Yankee contract with the gentleman. If I answer his question categorically, will be answer me a question?
Mr. DELANO. Well, then, does the Gentleman believe that these men are uilty of misrepresentations, either willfully or y negligence?
Mr. GRINN ELL. I desire 1st to have an answer to my question.
Mr. DELANO. My opinion, then, is that this is an overestimate. how I ask the Gentleman, if that is the case, why those gentlemen made that estimate?
Mr. GRINNELL. They are perhaps men of romantic ideas, and I think have set the value of the land too high.
Mr. GRINN ELL. But the gentlemans admission as to the value of the land destro s his own argument. I now desire to ask e gentleman anotherquestion.
Mr. LOAN. I would like the Gentfrom Ohio to tell this House who it was that made this transfer who it was that sold out, and to whom the sold out. What evidence is there of any sue tnsfer?
Mr. DELANO. I understand it is not de nied. I have it from a friend of the bill and a member of this House; and I have it from an acquaintance of my own from Vermont, who is a credible man. I heard it stated by my honorable colleague [Mr. SHELLABARGER] today. It comes to me from a reliable source. It comes upon the wings of the atmosphere, that this transfer has been made. Does the gentleman deny it?
Mr. LOAN. I have no information of the fact.
Mr. DELANO. If we can ever get this reject into the hands of the comPubLands, I hope to get a report that will probe this sore to the bottom, an draw out of it the feculent corruption which it seems to me lies there, so that it may be e osed to the public eye and receive the conemnation which it merits. It is proper, I presume, as the world goes, ifthese men can get a further grant from the Government, for them to do so: but I say that it is a plunder of the nation which ought not to be endured. I am speaking for my country, at a time and perio of its existence when it is necessary to speak boldly and plainly, hit whom it may, strike where it will. The nation demands it. What do these gentlemen want more, these men who made a contract with the Government and who have got this inunificentgrant? What further do they demand of nail I will show the House in a few minutes. They demand of us to guaranty $57,000,000 of stock for a period of 20 years at the rate of 6%. interest. It is stock to the average amount of $31,000 per mile the entire length of the road, some 1800 miles. A portion of it is to be issued at the rate of $,000 permile, a portion at $25,000, a portion at $30,000 and a portion at the rate of $50,000; and the average on 1800 miles of the road is $31,000 permile, making in the aggregate $67,000,000 and we are; asked to agree that we will pay sis%uit, creat on that stock or 20 ream, ifuecessnr I and is at will itbe, provied e have to pay it for the whole period of time It will cost this nation $68,000000 simply to pay the in the trest on this stock tiring that period of time. Tiey want us to guaranty $315)!) a mile, and With that they will build the road and have the land with al its accretive value, made more valuable with Our money.
Mr. PRICE. Will the gentleman allow me to interru t him?
Mr. PRICE. I wish to know whether the gent emun believes honestl, from the history of other railroads, in a dol or and cent oi t of view, that the Government will not getbadik all it pays in the shape of interest in this 25%. of the receipts.
Mr. DELANO. I answer the gentleman, no; most emphatically and decide y, no.
Mr. PRICE Then, one more question. What are the data upon which you make that answer?
Mr. BOUTWELL. Will the gentleman let me ask him aquestion?
Mr. DELA O. Certainly sir in. BOUlWELL. I would ask the gentle man whether, when he refers to this oating debt which cannot be liquidated without an expenditure of $2,000,000,000, he refers to claims that may be brought by persons in the 11 States lately in rebellion?
Mr. DELANO. I refer only to claims of loyal persons.
Mr. BOUTWELL. I would ask him whether he includes claims that may be brought by persons in the 11 States recently in reo1 lion?
Mr. DELANO. I refer to such claims as will be made by loyal people in all the States, and none others. When I say that it will take $2,000,000,000, I do it on the assumption that we shall compound these claims in some manner without settlin up to the full amount.
Mr. BOUTWELi. Is that to be one of the effects of reconstruction?
Mr. DELANO. I did not say sobut the nation will ultimately have to meet this question, and settle it, in some form, either by compounding or refusing to pay. I do not knew that it will necessarily follow reconstruction. I have not 0t that disease upon the brain.
Mr. BOUTWELL. Nor upon the heart either.
Mr. DELANO. What did the gentleman say “nor upon the heart?”
Mr. BOUTWELL. I understood the Gentleman to say that when the Government was reconstructed, and we were one people, not in law merely, but in sentiment, then this debt would be paid. I would as lief spend the money on the Niagara shicanal.
Mr. DELANO. have no doubt the gentleman would rather s end it upon the iagnra ship canal, because that will perhaps open up a way to where he lives, or promote in some way the interests of his constituents.
Mr. BOUTWELL. It opens up a way from the rest West to the Atlantic. h
Mr. DELANO. I am from the great West, and although my friend thinks I have not reconstruction in my heart, I have in in heart the interests of the western country, an Ipro fess to understand them. Certain it is thatI am not afflicted with ossification of the heart if I have not reconstruction in that organ.
Mr. HENDERSON. Will the gentleman allow me to ask him a question?
Mr. HENDERSON. I would ask the Gentleman if he means that the Government is not to undertake any enterprise until the public debt is all paid off. Is that the doctrine of the gentleman?
Mr. DELANO. I have not said that, nor have I said anything that will lead to that in ference. I have said that after the large grant already made to this company, there is no justice in our making the additional grant that is now proposed to be made to them. But alluded to the condition of the country and the state of the national finances for the purpose of showing that we should not now go into this enterprise. I do it in the conviction that the system now proposed will at once shock our credit at home and abroad; that it will have a bad influence upon the nations credit, at the very moment when we are strain in eve nerve and making every exertion to bring this country back to a system of specie payments; when we should economize our resources and expenditures for the purpose of accomplishing that great work as one of the necessities before us. Without discussin this subject further, I will yield the remainder of my time to my colleague, [Mr. SPALDING]
Mr. SPALDING. I well recollect, Mr. Speaker, when the act was passed, which has been alluded to in this discussion, conferring u pon an association of gentlemen, mainly from bew England, I think some 47 million acres of and for the construction of a railroad called the Northern Pacific railroad; and I recollect as well that I then entered my protestation against that grant, as I do now against charging upon the Government liabilities for moneys in the shape ofinterest upon stocks to be issued by this organization. Iconsidered it an association contrived for stock jabbing purposes. But my wor of admenition were not heeded; thatbill becamea law, and thereby the U.S., in the language of my friend who has just taken his seat, [Mr. DELANO] were virtually robbed of 47 million acres of land. But it is said on the one side that this grant consisted of poor land, while on the other, when it suits the parties better, it is said that these lands were the most fertile of the West, and of a value almost incalciilable. Mr. Speaker, I hold in my hand a report made to the Boston Board of Trade last an tumn, at the instance of these corporators, to show the extent and quality of the grant which the 38th Congress made to this corporation and it. consists of a certificate over the signature of a entle man who for a long time administered tie duties of the Genera Land Office, who was for a time one of the active managers of the Illinois Central Railroad Company, and who is now the efficient 3rd Auditor of the national Treasur.Isend to the Clerk and ask him to read or the benefit of this House in his audible tones of voice the opinions of Hon. John Wilson in regard to the value of the land grant now held by this asso ciation.
The Clerk read as follows: " I have not the figures, norwould Ibo able towork them up if I had: but comparing this with thellli nois Central railroad grant. I think it would be a small estimate to say. that if this rant is uroperl manageditwill build the entireroa. connce tingwit the presentterminusof the Grand Trunk through to Pbuiag;et sound and head of navigation on the Colum fit out an entire fleet tor and coasting trade, of sailing tveesse ehlsinaan.dEastsetaInmdeiars.; and leavea surplus that will roll up tomillions.”
Mr. WASHBURNE, of Illinois. That pamphlet is put out in the interest of the company.
Mr. SPALDING. Yes, sir; it was made for the purpose of obtaining stock in Boston at the hands of the capitalists of that city.
Mr. LYNCH. Will the gentleman allow me to ask him a question 7
Mr. LATHAM. Thatwasmade foranother purpose. h
Mr. WENTWOR TH. Will the gentleman lay it on the table officially so that I may know it officially?
Mr. WOODBRIDGE. I have no objection to giving the names, and I will indorse the names which I give.
Mr. WENT“ ORTH. What knowledge have we that they are the men?
Mr. WOODBRIDGE. We have the knowl edge which arises from the faith which one man puts in another. such is all the knowl edge I desire. I do not believe that gentlemen from my own State tell me what they know to be false; and when Mr. Smith or Mr. Stearus give me the names of their associates I believe them. I cannot put them on their oath, nor would I ifI could, for their word is as good as their oath.
Mr. WENTWORTH. Have they made any official communication to this Congress?
Mr. WOODBRIDGE. I presume not. I am not aware that any railroad company asking aid from Congress makes the prayer officia lv.
Mr. WENTWOBTH. Are the names in the bill?
Mr. WOODBRIDGE. There are no names in this bill. None are required. The bill is beset! on that of 1864.
Mr. WENTWORTH. That had another set of names.
Mr. WOODBRIDGE. The gentleman ought to have read the bill. There are no names in it.
Mr. WENTWORTH. Nonein the last? In the 1st there was the name of GenlGrant, and the name of genlFremont also.
Mr. WOODBRIDGE. The next director is Mr. Stearns, of NewHampshire, a railroad manager, known to all the delegation from his State, and they will indorse him as an honor able and successful business man. Next on the list is George Stark, president of the Lowell railroad, one of the many roads which traverse the glorious old Bay State, and add to her material prosperity. Next is Hon. Mr. Rice, of Maine, president of one of the railroads in that State, and a former ud e of her supreme court. Next is B. Shane, well known as one of the partners of Wells Fargos Express company, one of the most successful companies in the U.S. Next come Mr. Edward S. Tobey, exPresident of the Board of Trade, and Mr. James C. Converse, and Mr. George Richardson, of Bos ton, eminent and honorable merchants, and if the Gentfrom Illinois desiresit, my friendfrom Massachusetts [Mr. Hoorim] will indorse them all. such, sir, are the men asking for the passage of this bill.
Mr. CHANLER. I rise to a question of order. I submitthat the question of the charter is not before the House for consideration, and also that these gentlemen must address the Chair.
The SPEAKER. The Chair overrules the point of order. The Gentfrom Vermont and the Gentfrom Illinois have a.right to discuss this question.
Mr. CHANLER. But I submit that they must certainly address the Chair.
The SPEAKER. The Chair sustains that point of order; but reference to the charter is clearly in order.
Mr. ELDRIDGE. I understood the Chair to decide yesterday that “brethren of the same family must dwell together in unity.” Is not that the rule today?
The SPEAKER. That point has not been raised today.
Mr. RANDALL, of Pennsylvania. I would like to know how it could possibly be enforced on theother side of the House. I
The SPEAKER. If the Gentfrom Where is the char I have not the char Wisconsin makes that point, the Chair can only decide, as he did yesterday, that it is a very good rule. [Laughter]
Mr. WOO BRIDGE. I will only say that the Gentfrom Illinois [Mr. ] and myselfwill dwell together iWn auxnrwityo, nransl resume we all shall upon this side of the case.Mr. Speaker, this is a mere business question; a question of facts and figures. am quite sure that the Gentfrom Iowa, Mr. men] chairman of the committee, an one of the sternest sentinels over the Treasury, would never have favored the bill and sustained his report with the vigor which he has exhib ited unless the subject had undergone his closest scrutiny.
Mr. WEN T WORTH. The gentleman speaks of the “ report” from the gentlemen from Town. I would li e very much to seethat report, if the gentleman or anybody else can prouce it.
Mr. BENJAMIN. Will the gentleman yield for a motion to adjourn?
Mr. FARNSWORTH. I will yield for that pu{. por.se
Mr. PRICE. Allow me to say, before the motion to adjourn is put, that I propose tomorrow to call the previous question at half past 3 oclock.
Mr. WENTWORTH. The understanding was that we would have a fair chance to be heard on this bill.
Mr. WASHBURNE, of Illinois. There can be no agreement as to the time when the previous question shall be called.
The SPEAKER. The Chair does not understand that auy agreement is proposed, butsim ply that the chairman of the committee gives notice that he will call the previous question on the bill at 2 oclock tomorrow.
Mr. WASHBURNE, of Illinois. We do not ree to any arrangement of that sort.
The SPEAKER. After the notice which has been given by the chairman of the committee, the Chair will feel compelled to recognize him at the time he has indicated.
Skip Skip LEAVE OF ABSENCE. On motion of Mr. DAWES leave of absence was granted to Mr. Hoorsn or one week.
Mr. BENJAMIN. I move that the House do now adjourn. The motion was agreedto; and thereupon (at 25 minutes past 4 oclock p.m.) the House adjourned.
@@@IN SENATE SENATE. Tnunsninr, April 26, 1866. Prayer by the Chaplain, Rev. E. H. GRAY. The Journal of yesterday was read and approved. PROPOSED EXPLLSION of Mr. DAVIS
Mr. SUMNER. I offer a memorial from citizens of NewYork, in which they set forth that Mr. DAVIS, a Senfrom Kentucky, declared in his speech of the 6th instant, in relation to the passage of the bill to protect citizens in the enjoyment of their civi rights, that if the bill should become a law he should feel comelled to regard himself as an enemy of the OOernment and to work for its overthrow; and these memorialists then proceed to say that as the bill alluded to has been declared to be the law of the land by the action of the 2 Houses of Congress, and as they feel bound to regard Mr. DAVIS as standing in the attitude of on avowed enemy to the Government, as set forth in his declaration, they ask that he be exelled from the Senate. I offer this petition an ask its reference to the ComJudiciary.
The PRESIDENT protemporc. That ref erence will be ordered, if there be no objection.
Mr. DAVIS. I ask the Senate to permitthe Clerk to read that petition.
The PRESIDENT fire tampon. It will be read, if there be no objection.
The Secretary read as follows: To theSerialsof the U.S. The undersigned. citizens of the U.S., earnestlypray our honorable body: asMr. DAVIS, Senfrom Kentucky, decluredin his speechof the 6th instant. in relation to the pass eof the bill to protectcitizensin the enjoymentoft eircivil rights that “if the bill should becomea law he should foo compelledto regard himself as an enemyof the government, and to work for its overthrow, " and as the bill alluded to has been declaredto be a low of the land. by the action of the 2 Housesof Congress: and as we feel bound to regard Mr. DAVIS asstanding in the attitude of an avowed enemy to the government.as set forth in his declaration. that he be exclled from the Senate and, with other traitors, hed to answerto the law for his crime.
Mr. DAVIS. With the permission of the Senate I will make a single remark upon that petition. It is true that I used, in an stance, the words that are imuted to me in that pe tition; but, as a part of their context, I used a great many more. As an example of garbling, the petition reminds me of a specimen that I heard when I was a young man. It was to this effect: “The Bible teaches that there is no God. When those words were read in connection with the context, the passage read in about these terms: “The fool nth said in his heart that there is no God.” That specimen of the Bible was about as fair as this garbled statement is of what I said upon the matter to which it refers. This is all I have to say. The memorial was referred to the ComJudiciary.
Mr. HENDRICKS. The ComPubLands, to whom was referred the bill (S.No.206) to quiet land titles in California, have directed me to report an amendment. in the nature of a substitute, and recommend its pus o. It is properthat I should say, sir, than is substitute ha been prepared upon consultation with the ComrGLO, the chief clerk of that office, the surveyor general of California, and myself. It is prepared with a good deal of care, as it relates to e.vs important subject.
Mr., ANTH N, from the ComClaims to whom was referred the petition of T. S. l3rise oc, praying for payment for his services in recruiting the 26th regiment of Iowa infantr, and the 6th Iowa cav alr, submitted an a verse report; which was or ered to be
Mr. POME plrOinYte, d. from the ComPubLands, to whom was referred a resolution of the Senate of the 3d instant, directing them to inquire into the expediency of establishing an additional land district in the Territory of Nebraska, asked to be discharged from its further consideration, deeming not it is unnecessary to have another land district in that Territory; and the report was agreed to. WILLIAM SAWYER, and WHERE.
Mr. HARRIS. The ComPrivLandClms, to whom was referred aJtResolution (H.R.No. 67) providing for the respraisement of the lands described in an act or the relief of William Sawyer and others, of Ohio, have instructed me to report it without amendment and recommend its passage. It will take but a moment, and l ask for its present consideration. There being no objection, the JtResolution wase onsidered as in ComWhole. It authorizes the SecyInterior to appoint a commissioner to reappraise the lands described in the act entitled “An act for the relief of William Sawyer and others, of Ohio, ” approved July 2, 1864; but the occupants of the lands are to pay all the expenses of the res praisement. he JtResolution was reported to the Senate without amendment, ordered to a 3rd reading, read the 3rd time, and passed. COLLECTION or PLANTS.
Mr. SHERMAN. I am directed by the ComAg, to whom was referred the emerial of Frederick Pech, donating to the U.S. a valuable collection ol plants. flflb )1 to report a JtResolution, providing for their acceptance. The JtResolution (S.R.No. 74) providin for the acceptance of a collection of plnnts tendered to the U.S. by Frederick Pech, was reada 1st time by its title, and passed to a 2nd readin.
Mr. HENDERSON. I ask the Senate to consider that resolution at the present time.
The PRESIDENT prolempore. It requires the unanimous consent of the Senate to consider the JtResolution on the day it is reported. There being no objection, the JtResolution was read the 2ndtime, and considered as in ComWhole. It proown to accept the collection of plants ten cred by Freilerick Pech, by his memorial of March 2, 1866, and that it be deposited in the Dept of Agriculture, and appropriates the sum of $300 to enublethe ComrAg to procure suitable cases for the protection of such plants. The JtResolution was reported to the Senate without amendment, orderengross for a 3rd reading, read the 3rd time, and passed. COLLECTION OF THE CUSTOMS.
Mr. SHERMAN. I am directed by the ComFinance to report a JtResolution, and alter a short explanation I desire to have itvput upon its passage now.
The Secretary read the JtResolution (S.R.No. 75) making appropriations for the expenses of collecting the revenue from cus toms. It proposes to appropriate $2, 100,000 for the expense s of collecting the revenuefrom customs for each half year, from and after the last day of December, 1805, and in addition thereto, such sums as may be received during the half year from fines, penalties, and forfeit ures connected with the customs, and from storage, cartage, drayage, and labor, and it also proposes to repeal the 1st section of an act making appropriations for the expenses of collecting the revenue from customs, approved June 14, 1868.
Mr. SHERMAN. In order to explain the matter more fully, I send to the Chair and ask to have read a etter of the SecyTreasury, which has called the subject to our attention.
The Secretary read the following letter: TREASURY DEPT, Mareb 24.1866. SL3: The standin appropriation of $1.800.00foor 1/2 year to defray the expenses o collecting the revenueirom customs. ads by the rat section of the act of Junel4 1808. 8 Statutes. 7.) will be made irateto meet the expensesof the current or of suIctce In; yelli is estimated th there will be required an additionpl sum 0f8300, each half pear: that is. i se manual WW1 expenditure of 2. have 00.000. the onor. in imcor apeewith this view to mctllpso n raft of a section designed to be appened to er ulur aPPljopriation bil. am ndatory of the aforesai 1st sectionof the not of une 14.1858, to which I would request your favorable aiitgiiiou. Very respectfully. c"(IL MeCELT OCH. Gill NHon. W. P. Fsssnsnns, rm f" Chairmen Lbmmlllceon finance. Senate.
Mr. SHERMAN. The matter was 1st called to our attention by that letter; and the ComFinance agreednpon an amendment to the legislative appropriation bill some time ago proviing for the increase. The present permanent appropriation for the collection of the revenue from customs is contained in the 1st section of an not “making appropriations for the expenses of collecting the revenue from customs” under date of June 14, 1858. I will read that section: That therebe, and herebyis. apreprinted for the expensesofcollecting the revanue rem customs.for each half yepr. the sumof 81.800.0opoa. yable out of any moneysin the Treasury not otherwiseappropriated. Together with such sum as maybe received from storage, cartne. drayngo and abor for said hallyour. The amount of the revenue from customs has been so enormously increased that the expenses have increased. not in the same proportion but to some extent, and the estimates now raggire $300,000 more for the hglf year, $600, additional for the your.
Mr. JOHNSON. What is the relative increase in the revenue?
Mr. SHERMAN. The Senfrom Mary lnnd asks me the increase in the revenue. I can tell him generally that since the date of the law the revenue from customs has doubled. I think in 1858 the receipts from customs were about 60 million dollars. The necessity for the immediate passage of s resolution, as the legislative appropriation bill will rohabl not pass conrcss for a.month or 2, is ate in a recent etter from the SecyTreasury, which I send to the desk to be read.
The Secretary read the following letter: Tuasunr Dsrnriissr. April 21.1866. Sin: 0!: the 24thof March Ihad the honor to submit to our committee a secuon. desigjnedto be appendeto the resplar appropriation bill, increasing the standin se miannunl appropriation for the excusesof co looting the revenue from customsfrom g 00,000to $2, 100, 00a0n. d to explain the grounds of hIetsuggestion is lound that the appro ription nowon the books of the Ircasurywill beinsment to meetthe necessary excases even for the mongi of April current, an I crcfore transmit herowit the sameproposition, slightly amended. in the Rirm of nJtResolution. upop which I would most earnestly requestan early actiop. it not being probable that the r appropriation bill Will be actedupon in time to meet th emergency. I am, sir. very respectfully. Secretary qcICELHDEH e reamry. Hon. W. P. Fs sensors. Clmarman Commence en Finance. Senate. The jomt resolution was read 3 times and passed. PRINTING OF A BILL. On motion of
Mr. NORTON, it was WOinrodneareadn.d ThSat.t the hill (8. No. 263)to authorize the PElCHRfllllOmlCompan to constru t a bridge across the Mississippi river an to establish a postrouue.be printed. BILLS INTRODUCED.
Mr. CONNESS asked, and by unanimous consent obtained, leave to introduce a bill (S.No.286) to provide for the construction of a railroad and telegra, h line from the Central Pacific railroad, in aliforuia, to Portland, on the navigable waters of the Columbia river, in Oregon; which was read twice by its title, referred to the ComPacRailroad, and ordered to be printed. He also asked, and by unanirnous consent obtained, leave to introduce a bill (S.No.287 to provide for the construction of a we on profrom Boise City, in the Territory of daho, to Snsanville, in California; which was read twice by its title, referred to the ComMilAeiairs and the Militia, and ordered to be printc. p
Mr. CLARK. I ask unanimous consent to introduce a bill which has been prepared by some person other than myself. There being no objection, leave was granted to introduce a bill (S.No.288) to provide for the payment of certain claims inst the U.S.; which was read twrce by its title.
Mr. CLARK. A bill of similar import went to the ComJudiciary; I move that this take the same direction. It was so referred.
Mr. CLARK also asked, and by unanimous consent obtained, leave to introduce a bill gS.No. 280) to provide for the probate of and or the recording of wills of real estate situated in the DistCol, and for other purposes; which was read twice by its title, and referred to the ComDistCol. DEATH of ensues. FOOT.
Mr. POLAND submitted the following resolution; which was referred to the ComPrintg: Resolved.That 1000 extra copies of the addressesand tuners! semen deliveredin the Senate on the death of Hon. Solomon Foot. 1 Senfrom theStute ofVoruinnt, heretoforcorderedtobe printed for the use oftha Senate.be printed for the use of the widow and family of the deceased. APPROVAL 01 BILLS.
Skip Skip A message from the POTUS, by Mr. COOPER, Secretary, announced that the POTUSl States had aproved and si ed, on the 25th instant, the followin acts on JtResolution: An act (S.No.89 to issue American registers to the steam vessels Michigan, Despatch, and William K. Muir, and for other purpose s; An act (S.No.146) for the relief of omas E. Wilson, late U.S. consul at Bahia, ram; An act (8. No. 150) for the relief of Theo dor G. Eiswald; and A JtResolution (S.R.No. 29) for the transfer of funds a prepriated for the payment of salaries in the postoffice Dept to the general salary account of that Dept. WILLIAM coox.
Mr. ANTHONY. I move to take up Senate bill NO. 277. The motion was agreed to: and the bill (S.No.277) for the relief of William Cook was read the 2nd time and considered as in ComWhole. It proposes to direct the SecyTreasury to pay to William Cook $200 for the use and occupation of his land in Washington city by order of the War Dept. The bill was reported to the Senate without amendment, orderengross for a 3rd reading, read the 3rd time, and passed. NEWYORK and MONTANA IRON COMPANY.
Mr. WADE. I move that the Senate take up Senate bill No.203 for consideration. The motion was agreed to; and the Senate, as in ComWhole, proceeded to consider the bill (S.No.203) to enable the NewYork and Montana Iron Mining and Manufacturing Company to purchase a certain amount of public lands not now in market.
The PRESIdent protempore. the comPubLands have reported the bill with an amendment to strike out all of the original bill after the enacting clause and to insert a substitute. The substitute only will be read unless some Senator asks for the reading of the original bill.
Mr. WADE. I an pose it will not be necessary to read nnythingIiut the amendment of the committee.
Mr. HENDRICKS. It is right that I should say that the committee was greatly influenced in consentin to the assage of this bill by the peculiar condition of the mining interests in I dontana. That interior Territory is so far removed from any of the ordinary means of transporting the machinery which is necessar for carrying on mining business that the dovelopment of the mining interests of the Territory is likely to be very greatly delayed. It was Represented to the committee that this company would establish iron works and soon produce iron in the Territory itself. It is known that there are very valuable iron mines in that territory; at least it was so represented to the committee in such a manner that the committee had confidence in thatrepresentution; and with cat reluctance I consented to the reporting ogrthe bill upon the peculiar state of the case. I desire to say that the committee understand that this shall not be a precedent to any special privileges in the purchase of the public lands. This is not to form a precedent, so for as the committee is concerned, in any other case.
Mr. GRIMES. I should like to inquire of the Senfrom Indiana, under what law this NewYork and Montana Iron Mining and Manufac turing Company was incorporated, and whether or not he has seen the charter.
Mr. HENDRICKS. The bill was not under my cliarve in the committee. The Senfrom Iowa [Mr. KIRKWOOD] had charge of the bill, and made the investigation. I understand that it is a company incorporated under the laws of the State of NewYork.
Mr. 0.“ fllOY. I have not had my attention called to this bill, until this moment, since it was reported. I think there is an oversight in it. The Senator who drafted the amendment has neglected to exclude preemption claims or homestead settlements, and under the bill as it now stands this company may locate over a settler.
Mr. KIRKWOOD. The Senator is mistaken, I thiiik. If it is so it is a mistake in the bill undoubtedly.
Mr. POMEROY. To settle that question I will move that the proviso contained in the original bill be added to this amendment. That proviso is in these words: Provided. That no title shall be conveyed to any mineral lands exccpt iron and coal or to any lands d by virtue of anytitle of possessionor otherkind. Valid at the time of the selection and location of the said tracts.
Mr. CONNESS. I should like to inquire how the Senator would construe or has construed the term “ valid " in that proviso. Does he mean by that the possession of one of the inhabitants?
Mr. POMEROY. Yes; I mean a squatter, a settler.
Mr. CONNESS. Then you had betterleave out the word “valid” and have it " any location in possession, ”otherwise these sections of land may cover all the acquired rights and property of the entire community there. This company are authorized to go there and select the timber lands as well as the iron mines.
Mr. POMEltOY. My intention is to prevent theni from going on any settlement.
Mr. CONNESS. That is all right if the Senator will so draw his amendment as to full carry out that idea. L
Mr. KIRK WOOD. The proviso to the 1st section of the original bill was intended to be attached to the amendment reported by the committee.
Mr. POMEROY. It is an oversight, I see. I move, then, that the proviso contained in the last section of the original bill be added to the 1st section of the amendment.
The PRESIDENT protemporc. Itismoved to amend the amendment by adding at the end of the 1st section the following: Provided. That no title shall be conveyedto any mineral lauds exceptiron and coal or to any lands held by virtue ofany title of possessionorother kind, valid at the time of the selectionand location of the said tracts.
Mr. KIRKWOOD. The committee intended to have that proviso in the substitute reported by them, and how it came to be omitted I do not know.
Mr. CONNESS. I do not know whether that proviso would cover the case fully. The word “title” in that proviso means that no title in fee simple. sac as is proposed to be conveyed by this bill, shall be conveyed to the possessions of other settlers; but it is a question whether under that proviso and by the bill this company would not get anequal right with those possessors to go upon I. e land; whether they would not get some right that would enable them to disturb those possessors. If the Congress of the U.S shall see fit to give to any company, for the purpose of encouraging the pronotion of iron or any other industry in our Territories, a certain amount of the public lands which will be deemed not extravagant, I have no objection. I think the purpose is a good one an would romote the wel are of those communities. at this proviso, it appears to me, is not sufficiently clear and precise to protect the possessors of land among this population against the provision contained in the bill. I would preer, if the friends of this measure would not object to it, to have the bill laid over at present so as to have an opportunity to look it over.
Mr. KIRKWOOD. If gentlemen look at section 4,they will see, I think, that this matter is provided for: That thesnid patents shall convey no title to any mineral lands except iron and cos, or to any lands held by right of possession, or by any other title, exocpt Indian title.
Mr. GRIMES. I would call the attention of my colleague and the chairman of the ComIndAffrs especially to that clause. It reads as follows: A mi be“ Abife: That thosnid patents shall convey no title to on mineral landsexcept ironand coal or to any lands old by right of possession, or by any other title, except Indian title, valid at the time of the selectionof the said lands. ls it intended here that this company shall take the Indian title out from under them?
Mr. GRIMES. But any Indian title? Is it designed to confer on this corporation existing in the State of NewYork, not authorized by the Territorial Assembly of the Territory of Montana, to go out into Montana and take nearly half a section of land right out of the Indian Territory land of Indians with whom we have treaty stipulations to preserve them in the possession of?
Mr. KIRKWOOD. Only such as can be entered, such as I would have the right to go upon or my colleague would have the right to go upon.
Mr. KIRKWOOD. ThatI apprehend is the limitation of the bill as it stands.
Mr. GRIMES. I do not understand it so. I do not find any limitation here. I find that according to the legitimate construction of this clause this company can take an lands except such as may be held by some a verse possession or right, other than that held by an Indian title. That they can take.
Mr. CONNESS. Iwill say to the Senator that this 4th section ives no protection to the possessors at all, as understand it. The language is: That the said patents shall conveyno title to any mineral lands except iron and coal, or to any lands held by right of possession or by any other title, except lpdian title, valid at the timeof the selectionof the said lands. The osse ssors have no “valid title.”
Mr. URKWOOD. A title that no one else can interfere with.
Mr. KIRKWOOD. It is valid against every bod else.
Mr. CONNESS. If you will make it valid against the arties whom this bill is intended to serve, Is will be satisfied.
Mr. KIRKWOOD. That was the intention of the committee. If they have not done so, any amendment which will secure that object, of course, will be coincided in.
Mr. CONNESS. I hope the bill will he laid over at iresent.
The PRESIDENT protempore. The morning hour having expired it becomes the duty of the Chair to call up the special order, which is House bill No. 11, to facilitate commercial, postal, and military communication among the several States.
Mr. WADE. I would ask the Senate, if they are willing to go on with this bill, to do so, for I know it is a bill of the ntniost importance; if this right is to be granted, it should be done at once.
Mr. POMEIEOY. If the special order is laid aside informally for 5 minutes, I think we can complete this.
The PRESIDENT prolemporc. cial order is House bil No 11. It is suggested that that bill be laid aside. It can only be done by common consent, except on motion.
Mr. NYE. I move that that he laid aside for the purpose of taking up the business as signed for this hour, the iron clad question. [“ Oh, no.”
Mr. CONNESS. I wish to an west to the Senfrom Ohio, who introduce this bill, that another objection occurs to my mind which, ifI had time to state it, would, I think, make it necessary to lay it aside for further consideration. I do not wish to occupy the time of the Senate by stating itnow, and I hope he will let it O over.
Mr. WADE or well, let it go over; but I give notice that I shall attempt to take it ii tomorrow morning, if I can, and try to put it through. INTERSTATE INTERCOURSE.
The PRESIDENT protempera. The special order is House bill No. 11, to facilitate commercial, postal, and military communication among the several States, which is before the Senate as in ComWhole, and will be read.
The Secretary read the bill. Its preamble recites that the Constitution of the U.S. confers upon Congress, in expr as terms, the power to regulate commerce:1 ong the several States, to establish post roads, and to raise and support armies; and it is therefore proposed to authorize every railroad company in the U.S. whose road is operate by steam, its successors and assigns, to carry upon and over its road, connections, boats, bridges, and ferries, all passengers, troops, Government supplies, mails, freight, and property on their way from any State to another State, and to receive compensation therefor, and to connect with roads of other States so as to form continuous lines for the transportation of the same to the place of destination. The act is not, however, to affect an stipulation between the Government of the U.S and any railroad company for transportation or fares without compensation, nor impair or change the conditions imposed by the terms of anv act granting lands to any such company to aid in the construction offis road.
Skip Skip MESSAGE PRO)! THE HOUSE. A message from the HoRep, by Mr. MCPHERSON, its Clerk, announced that the HoRep had passed the followingbills of the Senate without amendment: A bill (S.No.158 to facilitate the settlement of accounts of the treasurer of the U.S., and to secure certain moneys to the U.S., or to the persons to whom they are due, and who are entitled to receive the same: and A bill (S.No.256) to remit and refund certain duties. INTERNATIONAL OCEAN TELEGRAPH. The message also announced that the HoRep had passed 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, with amendments, in which the concurrence of the Senate was renested.
Mr. CHANDLER. With the permission of the Senfrom Maine, Idesire to ask the Senate to concur at once in the amendments made by the HoRep to senate bill No. 26.
Mr. CHANDLER. One fixes the rate of telegraphic messages. No objection being made, the Senate proceeded to consider the amendments, and they were read. The 1st amendment was in section 2, line 3, to strike out the words “during a state of war, ” so as to make the section read: That the saidInternational OceanTelegraph company shall at all times give the U.S. the free useofsaid cable orenbles, through a telegraphio operatorof its own se lcrtion. to transmit any ines sugesto and from its military, naval, and diplomatic or consular agents. The next amendment was after the word agents, " in the same section, to insert these words: and the said companyshall keep all its lines open to the public for the transmission.for daily publication, of market and commercial reports an intelli gence; and all messagesd. ispatches, and communications shall be forwardedin the order in which they shall bereceived; and the said companyshall not be permitted to charge and collect for messages transmitted through anyofits submarinecablesmorethan the rate of 3 50for messagesof ten words.
Mr. SHERMAN. That is a very important bill, and the amendments present a question which I should like to look into. We had it under discussion for some time in the Senate, and now one of these amendments fixes the ratedfoitelegraphic messages at $3 60 for ten wor s.
Mr. SHERMAN. That is to be the rate for messages between Florida and Cuba, 100 miles. The whole system of telegraphing in the U.S. will undoubtedly, within the next 2 or 3 years, undergo an entire revision and revolution. I suggest whether this bill had better not be laid over until the Senfrom Maine, [Mr. FESSESDEN] who took a great deal of interest in it at the time of the former discussion, and with whom I conversed about it after the passage of the bill by the Senate, can be present. Iniove, therefore, flint the bill and amendments lie on the table for the present.
The PRESIDENT protemporathe motion of the Senfrom Ohio is not a debatable motion.
Mr. GRIMES. I was only going to suggest to the Senfrom Ohio that it seems to me this is a very opportune time to consider this matter. We have now under consideration the bill ressed by the chairman of the ComCommerce to relieve the country from one monopoly; and this is to establish another still more odious.
Mr. SHERMAN. I will turn that question Over to the Senfrom Maine, [Mix Moa man]
Mr. CHANDLER. If the Senfrom Ohio desires that this question shall go over, I have nothing to say inst that.
Mr. GRIES. I should like to look into it and see what it means.
Mr. CHANDLER. Let it go over. I supposed there would be no objection to the amendments of the other House, and therefore I asked for the consideration of the bill at this time.
The PRESIDENT protempore The bill and amendments will be laid over by common consent. interstate tsrnncounss. The consideration of the bill (H.R.No. H) to facilitate commercial, postal, and military communication among the several States was resumed.
Mr. CHANDLER. The Raritan and Dela ware Bay Railroad Company.
Mr. JOHNSON. I ought the honorable 2198 Aprons, member would be familiar with the name, [laughter] the Raritan and Delaware Bay ompnny. The powers conferred upon that company were limited. 1
Mr. STEWART. I should like to hear the name of the other company.
Mr. JOHNSON. I do not know. One is sufficient for my purpose, and I have got the one I expected to et.
Mr. CHANDLER. Perhaps the Senator never heard of the Camden and Amboy. [Laughter.
Mr. JOHNSON. Yes, I have but I do not think they have anything to do with this bill. [Lnughten] I do not think they have prompted it. I am not sure that the other did not.
Mr. STEWART. I should like to inquire of the chairman of the Committee dn Commerce if the Camden and Amboy Company are favor able to this bill.
Mr. CHANDLER. They are supposed not to be. [Lau hter.]
Mr. JOHNSON. Then the Raritan and Delaware Bay Company is chartered with lim ited powers. If this bill passes and it is operative, that company will be authorized to do what it cannot do under its charter. I think that may be considered as perfectly plain as a legal proposition, and as a proposition clear in the judgment of the committee, who Isuppose, intended to give to the Ilaritan and Delaware Bay Company, among others, some powers which its charter did not confer.
Mr. HOWARD. Will the honorable Senator allow me to inquire what are the termini of the Raritan and Delaware Bay railroad?
Mr. HOWARD. It strikes me that is a very essentialquestion.
Mr. HOWARD. Mr. President, I havenot had as full an o ortunity to examine the facts connected Witthis case and the legal decisions which may be applicable to it as I could have desired.
Mr. JOHNSON. If the Senator will permit me, I will move that the matter go over until to ine rrow. It is a subject that ought not to be disposed of at once.
Mr. WILSON. Let us have an executive session.
Mr. CHANDLER. I move that the Senate proceed to the consideration of executive“ business so as to leave this bill as the unfinished business for tomorrow.
Mr. HOWARD. I yield the floor for that purpose. The motion of Mr. CHANDLER was agreed to; and alter some time spent in executive session, the doors were reopened.
Skip Skip Mitsssos FROM THE Rooms. A message from the HoRep by Mr. MCPHERSON, its Clerk, announced that the House had passed the following bills, in which it requested the concurrence of the Senate: A bill (H.R.No. 434) for the relief Of Isa bella A bSitlrlu(bHin.gli;. No. 473) to extend the jurisdiction of the Court of Claims; and A bill (H.R.No. 475) to facilitate the settlement of the accounts of paymasters of the Army. ENROLLED BILL sxosnn. The message further announced that. the Speaker of the HoRep had signed an enrolled JtResolution (H.R.No. 67) providing for the reappraisement of the lands described in an act for the relief of William Sawyer and others, of Ohio. EXECUTIVE COMMUNICATION.
The PRESIDENT protempore laid before the Senate a message mm the POTUS, submitting, for the consideration of Congress, a communication from the SecyInterior in relation to the failure to complete the eastern division of the Union Pacific railroad; which was referred to the ComPacificRR, and ordered to be printed.
Skip Skip LEAVE or ABSENCE. On motion of Mr. GRIMES, 2 weeks” leave of absence from Monday next was granted to Mr. Hsxnni exs. CONTRACTORS FOR VESSELS and MACHINERY.
Mr. HENDRICKS. I move to lay aside the ending special order and take up enauehill 0. 221). The motion was agreed to; and the Senate resumed the consideration of the hill (8. No. 220) for the relief of certain contractors for the construction of vessels of war and steam machinery.
Mr. HENDRICKS. I move that the further consideration of the bill be 0st oned to and made the special order of the ay or tomorrow at one oclock. The motion was agreed to. On motion of
###HOUSE OF REPRESENTATIVES. Tunnsnar, April 26, 1866. The House met at 12 oclock in. The Journal of yesterday was read and approved. REFUNDING CERTAIN DUTIES.
Mr. MORRILL. I ask leave to report back, without amendment, from the ComWays&Means. Senate bill No. 255, to remit and refund certain duties. I will explain the bill in a few words. After the expiration of the reciprocity treaty some produce which it was intended to send from one port in the U.S. to another port in the U.S. was accidentally detained by ice, and in consequence became subject to duties. This bill has already passed the Senate unanimously. No one under these circumstances would be likely to exact duties from our own people. I think there can be no objection to it. The bill was received and read. It directs the SecyTreasury to remit, or if paid to refund, any duties levied on produce shipped from aport in the U.S. to a port in the U.S. via Canada, if the said produce was actually in transifu and detained by ice when the recent reciprocity treaty with Canada exired.
Mr. MORRILL. rlhis bill is well guarded, and is intended to apply to some grain, I suppose, goin from the est to the East.
Mr. J. HUMPHREY. Does this bill include grain that was bought in Canada before the reciprocity treaty expired?
Mr. MOlt [lJLIltap liesto grain shipped from a ort of the U nited) States only.
Mr. M. HUMPHREY. Ought it not to cover both cases?
Mr. J. M. HUMPHREY. the justice of the one is as eat as the other.
Mr. J. M. HUMPHREY. I have in my possession a petition to the SecyTreasury, which I have not yet presented, ask in just such relief as this.
Mr. MORRILL. I think we might find a eat many cases of persons in the U.S.tates who have purchased proco in Canada under those circumstances. If we open the door in one case the number of persons to be relieved may be interminable. I should be very much opposed to making the provisions of any bill so wide as that.
Skip Skip The bill was then read the 3rd time and passed., Mr. MORRILL mtRtv the bill was passed; upon the table. I Agreed to. ACCOUNTS OF THE U.S. TREASURER
Mr. MORRILL by unanimous consent, reported back, with0ut amendment, from the ComWays&Means, Senate bill 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.
Mr. MORRILL. Mr. Speaker, this act becomes necessary in consequence of the fact, which is of course known to all the members of this House, that no money can be taken from the Treasury Without an appropriation. In the dealings of the Dept with disbursing officers and with various officers connected with the Treasury, there will constantly arise little errors in their accounts; and in order to facilitate the settlement of these accounts it has been necessary heretofore to pass an act of a similar kind. None has been passed since 1837, and that act was construe to apily only to transactions occurring previtms to t lat date. I have conversed with the Treasurer of the U.S., General Spinner, upon this matter and am quite satisfied that it is right. It will not take a dollar out of the Treasury; the money is all there; but it is necessary that we should give the power to make these transfers from general to special accounts, in order that these accounts wuh a large number of individuals, some of which are large. while many are very small, maybe settled and closed. If no one wishes farther explanation, I will ask for the previous question.
Skip Skip The previousquestion was 2nded and the main question ordered; and underthe operation thereof the bill was ordered to he engrossed and read a 3rd time; and being engrossed. it was accordingly read the 3rd time and passed. 1866. Mr. MORRILL mtRtv the bill Was passed; on the table. Agreed to. AMERICAN STATE PAPERS.
Mr. HAYES asked unanimous consent to report, from the ComLibrary, a Jtresolution (H.R.No. 112) to authorize the distribution of a portion of the surplus copies of the American State Papers in the custody of the SecyInterior.
The Clerk read as follows: Jtresolution to authorize the distribution of n. portionpf the surplus comesof the american State npers in the custody of the SecyInterior. Whereas it appearsfrom a report of the SecyInterior, dated Janus. 25.1864. that there remain undistrihuted at the uterior Dept upward of 800 copieseachof the American State Papers, 2nd senes. in 17 vol umes: Therefore, 11:it reading! The Senate and HoRep of the U.S.A. in Congress assembled, That the SecyInterior be and he is hereby. directed to distribute.by mail or otherwise. 400 copies of eachof the said volumes 1 the manner followmg. to Wit: to eachmemberof I c Senate and HoRepof the present Congress.one copy; to such public and co lege libraries as may be designated by the Joint Coin mitteo on the Library, one copy oaoh.
Mr. HAYES. I am anxious the jtResolution should pass before leaving the city, and I think if the gentleman will listen to a statement he will withdraw his objection.
Mr. WASHBURNE, of Illinois. I am opposed to the resolution in any shape. We have no right to take the books of the Government without aing for them.
The SPEAKER. That motion is not now in order. LIBRARY OF CONGRESS.
Mr. HAYES. I ask unanimous consent to report the following JtResolution from the JtcomLibrary:JtResolution extending the privileges of the Li brary of Congressto certain officers of the U.S. Received the Senate and HoRep of the U.S.A. in Congress assembled, That the privil o of usin the hooks in the Library of Congress shal o exten edto the General in Chicf of the Army of the U.S.: to the Asst Secretarics and chiefsof bureausof each of the Depts: to the Comptrollors and Auditors of the Treasury, and the Treasurer of the U.S.; to the Superintendent of the Coast Survey. the Sn )0! intendrnt of the Naval Observatory. the Surgeon enernl of the Army, the Judge Advocate General of the iAnrgm(y). flitchee, Superintendent of the Government Print the ComrPubBldg and the Postmaster, Sergeant at Arms, and Doorkeeper of the Senate and HoRep on the same terms and conditions as prescribedby law for Sens&Reps. Resolved, That no books shall be taken by persops pnvdefied to usesaid Library outside of the limits of the DistCol.
Mr. WASHBURNE, of Illinois. I object, unless it is amended so as to let in the whole world.
Mr. ROSS. I want the soldiers orphans and widows included. TELEGRAPH TO THE WEST INDIES.
Mr. ELIOT, from the ComCommerce, reported back Senate bill No. 26, granting to the International Ocean Telegraph company the right and privilege to establish tele phic communication between the city of NewYork and the West India islands, with amend merits. 1st amendment: Strike out after the words “atall times" the words drum a state ofwar” soit will read: SEO. M! be“out” meal. That the may In tprnatrpnal Ocean Telegraph Company shall at all tunes in the U.S. the free useofsuid cable qr cubes, to a telegraphic operator of its own selec ttiaorny. tnoavtraaln, smit spy messages to and from its mili and diplomatic agents. The amendment was agreed to. 2nd amendment: Insert after the Word" agents"the following: and the said companyshall keep all its lines open to the public for the transmission for daily publication. of market and commercial reports and intelli genes; and all messages dispatches and communications shall be forwnn edin the order in which they shall be received: and the said company shall not be permitted to charge and collect for messages transmitted through anyofits submarines cables more than the rate 0H3 50for messages often words.
Skip Skip The amendment was agreed to. Mr. ELIOT demnuded the previous question. The previous question Was 2nded and the main question ordered; and under the operation thereof the bill was ordered to a 3rd reading, and was accordingly read the 3rd time and passed. Mr. ELIOT mtRtv the bill was passed; Upon the table. Agreed to. RELIEF OF ARMY PAYMASTERS.
Mr. SCHENCK. I ask unanimous consent to report back, from the ComMilAffrs, House bill No. 475, for the relief of paymasters of the Army, witha substitute. Mr. WARD. I object to its consideration at this time. The substitute was ordered to be printed; and the bill and substitute were then recommitted. KANSAS WAR CLAIMS. On motion of
Mr. SCHENCK, the ComMilAffrs was discharged from the further consideration of Senate bill No. 259, to authorize the SecyWar to settle the claims of the State of Kansas for the services of the militia called out by the Governor of that State on the requisition of Major GenlCurtis, commander of the U.S. forces in that State; and the same was referred to the select comWarDebts of the loyal States. SALE OF LAND AUTHORIZED.
Mr. INGERSOLL, by unanimous consent, introduced a bill authorizing the sale of a piece of land in the city of Washington; which was read a 1st and 2nd time, and referred to the ComDistCol. SANITARY CONDITION OF WASHINGTON.
Mr. INGERSOIJHI should like to call the attention of the House to asubject that was referred to the ComDistCol some time since, respecting the sanitary condition of this city. The committee examined that question and reported a resolution for the adoption of the House, but its consideration being objected to itwas withdrawn, and has never received the action of the House. In view of the cholera having reached cur shores, and that this city resents a condition inviting that epidemic, the committee have thought it proper to ask a small appropriation, which I hope will be considered this morning. I ask that the resolution be read. The JtResolution was read. It proposes to appropriate $25,000, and places the same under the control of the ComrPubBldg to be exended by him, or so much thereof as may O necessary, in such work as may be required to put in proper con dition the avenues and public reservations under his control so as to prevent if possible the appearance of the cholera or otherepidemic in the city of Washington.
Mr. WASHBURNIJ, of Illinois. I have no objection to its bein introduced and referred to the ComWhole on the state of the Union, where we can consider it
Mr. INGERSOLL. The object is now to take ste s with as little delay as possible.
Mr. ARDING, of Illinois. suggest that it be extended to the object of keeping the Hall of the House healthy and comfortable. I, myself, have been near perishing here for want of a breath of fresh air ever since I have been here. Daily Iain reminded of the “ black hole” of Calcutta. Iam absolutely afraid of perishin for want of air.
Mr. WASHBURNE, of Illinois. Let it go to the ComWhole on the state of the Union, and I will examine it, and if there is no reasonable objection we my take it up and pass it.
Mr. INGERSOLL. When can it come up again if it goes to the Comwhole?
The SPEAKER. The gentleman can ask unanimous consent on any day to discharge the ComWhole.
Mr. INGERSOLL. I cannot press it now without a suspension of the rules. Will not my colleague, [Mr. WASHBUBIEJexamine it himself?
The SPEAKER. Will the Gentfrom Illinois, [MLItVei:itsoi.i.] al 0w it to go to the ComWhole or withdraw it?
Mr. INGERSOLL. Let it be referred. The JtResolution was uccordingl read a 1st and 2nd time, referred to the ComWhole on the state of the Union, and ordered to be printed. ADVERSE REPORTS.
Mr. WASHBURN, of Massachusetts, from the ComClaims, by unanimous consent, reported adversely on the following cases; which wc reilaid on the table: Petition of Henry Willard, wagon master, for compensatibn for servim rendered. Claim of L. D. Clemens. Petition of William D. Wesson for pay, &c INDIAN AFFAIRS.
Mr. WINDOM, from the ComIndAffrs, by unanimous consent reported Senate bill No. 204, to provide for an annual inspection in Indian affairs, and for other purposes; which was ordered to be printed, and recommitted to the ComIndAffrs., ISABELLA STRUBING.
Mr. TAYLOR, from the ComInvalidPens, by unanimous consent reported back abill granting a pension to Mrs. Isabella Strubin, Widow of private Edmund Strubin, deceuse, of the 46th regiment Pennsyvania volunteers, with an amendment in the nature of a substitute. The substitute rants a pension of 8 dollars permonth from the 30th of May, 1864, during her widowhood, and provides that upon her death or marriage it shall go to her children until they shall attain the age of 16 ears.
Skip Skip The substitute was agreed to. The bill was theniorderengross; and being engrossed, it wasremd the 3rd time and passed. Mr. TAYLOR mtRtv the bill was passed; on the table. Agreed to. COURT OF CLAIMS.
Mr. ANCONA. I ask unanimous consent to call u the mtRtv Hguse bill No. 473, extending the jurisdiction of the Court of Claims, was recommitted to the ComMilAffrs. No objection was made.
Mr. WASHBURNE, of Illinois. Let the bill be reported. The bil was read.
Mr. WASHBURNE, of Illinois. For what purpose is this bill before the House?.
The SPEAKER. On a mtRtv it was referred.
Mr. WASHBURNE, of Illinois. committee was it sent?
The SPEAKER. The bill was report by the ComMilAffrs at the me that committee was reporting, and recommit ted; and a motion to reconsider was made with the understanding that the Gentfrom Pennsylvania Mr. ANCONA] should call it up afterwards. objection being made, the gentleman has calle up the motion to reconsider, and it is now before the House.
Mr. WASHBURNE, of Illinois. I hope that motion will not be pressed this morning.
The SPEAKER. he Gentfrom Pennsylvania proposes, in case of reconsid To what eration, to move to strike out the 1st section of the bill, and to insert in lieu thereof the following substitute: That the Court of Claims shall havejurisdiction to hear and determine the claim of any paymaster, uartermaster. commissag of subsistence, or other disbursing officer of thoU.S or of his administrators or executors. for relief from responsi bility on account of losses.by capture or otherwise. while in the line of his duty. of government funds, vouchers.records and papersin his chargefor which he was and is held responsible.
Mr. ANCONA. I will only state that this substitute is proposed with the concurrence of the ComMilAffrs, and is merely a change of phraseology, making the bill Genera.
Mr. WILSON, of Iowa. I would inquire whether this bill has been printed.
Mr. ANCONA. It has been on the files of members for 2 or 3 weeks.
Mr. WILSON, of Iowa. Has the substitute been printed?
Mr. ANCONA. It has not, but itisa change merely of phraseology, and makes the act General instead of confining it to particular cases. There can be no possible objection to it. It will relieve the Dept from a great deal of trouble on account of these claims. I demand the previous question on the motion to reconsider.
Skip Skip Mr. WASHBURNE, of Illinois. I move to lay the motion to reconsider upon the table. The question was put, and there were ayes 28. noes 86; no quorum voting. Tellers were ordered; and Messrs. Ase ot“, and Wssunumrs of Illinois were appointed. The House divided; and the tellers reported ayes24, noes 70. So the House refused to lay the motion to reconsider upon the table. The question recurred on the demand for the previousquestion on the motion to reconsider.
Mr. WASHBURNE, of Illinois. I hope the Gentfrom Pennsylvania will not press the consideration of this bill this morning. It is certainly one which ought not m be passed without full and free discussion. It takes away jurisdiction from the House in all matters of claims of this particular kind, leaving it to the Court of Claims. Now, I think that is very unsafe. I think the House ought not to part with its jurisdiction over these matters. I hope the gentleman will postpone this motion.
Mr. ANCONA. Isee no reason for post poning it any longer.
Skip Skip The bill was reported unanimously by the ComMilAffrs and has been on the files of members for 2 or 3 weeks.
Mr. BINGHAM. Will the gentleman let me say a word 2
Mr. ANCONA. I will withdraw the previous question for that purpose.
Mr. BINGHAM. Mr. Speaker. I desire to say, in answer to the suggestion of the Gentfrom Illinois, that the substitute is but verbal; that it does not change in any particular the substance of the bill as originally resorted by the committee and printed. This bill oes not put it in the power of the Court of Claims to take one dollar out of the Treasury of the U.S. It simply provides that in all cases of alleged losses by paymasters, quartermasters, or commissaries of subsistence, which are usually passed upon in this House upon c1: parts evience, the claimants shall make their claims under the sanctions of law, under the solemnity of oaths administered in udicial proceedin s, and in the presence of a law officer of the U.S.; that they shall not be allowed this reliefunless the court, upon a full hearing of the whole case, upon testimony other than as parts testimony, shall come to the conclusion that it is equitable to relieve the officer from his liabilit; in which event the bill provides that be shal simply have the credit upon his accounts in settlement, but not to draw an money from the Treasury.
Mr. WASHBURNE, of Illinois. That is the same in effect as drawing money “rem the reaaury.
Mr. WASHBURJE, ofIllinois. It relieves them from a liability to the Treasury.
Mr. BINGHAM. I do not want the House to be misled by any such remarks. The same thing is done in this House upon exparte testimony; not testimony taken before a committee authorized to examine witnesses in the prem ises, but testimony taken out of doors before a notary public ora justice of the peace. I have seen this thin; I have had some experience in it, and I undertakc to say that the effect of this bill is to protect your Treasury against depletion to the extent of 100s of 1,000s of dollars annually.
Mr. WASHBURNE, of Illinois. How is it to protect the Treasury when it affords the means to these gentlemen of gettin rid of aying whatis standing against them into the Treasury?
Mr. BINGHAM. The House is not to be deluded by any such suggestion. I answer the gentleman by saying that time and time again we have ha bills passed through this House relieving persons from liabilities which they are under to the extent of1,000s of dollars and that, too, when there was not a syllable of legal evidence in the case. Now, this bill provides that all this shall be done upon properevidence. before competent law officers.
Mr. GllIDER. It submits the justice of the case to the court?
Mr. BINGHAM. Certainly it does; and the court is to pass upon the case upon proper evidence, and after being fully satisfied that the party asking relief is not in fault, that he has done his whole duty then they decide that in equity he is entitled to be relieved from liability.
Mr. GRIDER and depositions in the case can be read in the court?
Mr. BINGHAM. Only upon notice, and in the presence of the Officer of the Government charged with looking after the interests of the Government.
Mr. SCHENCK. I am a great deal astonished that opposition should be made to the passage of a bill of this kind. It is not neccs sary that I should add anything to what has been said by my colleagues upon the committee [Messrs. Ase oxa and BlNGHAM] except t is: I wish to advise the House that there have been referred to the Military committee a great number of cases which would have occupied pretty much all the time of the committee if we were to give to each case that investigation which ought to be given to it before arriving at something like a judicial decision upon its merits. They are cases where uartermasters, commissaries, and other disbursing Officers have lost their vouchers by capture by the enemy, or otherwise, and they are there ore unable to have their accounts presented, except upon other and 2ndary evidence. Now, all that this bill provides is, thatinstead of each case being adjusted and settled in the hurry of congressional business, by a committee of either House or Senate, and a special enactment passed for the purpose, there shall be a general law referring to the Court of Claims all cases of this character, authorizing that court to report what are the facts in each case, and whether credit should or should not be allowed to the disbursing officer. That is the whole effect of this bill. We prefer a General law because we believe that neither a committee of this House, nor the House itself, could give a thorough investigation to each of these cases so well as the court could do.
Mr. GRIDER. What is the lowest sum which the court is to consider?
Mr. SCHENCK. There is no amountstated in the bill.
Mr. DELANO. I was not in here when the bill was read. I would ask if it is proposed to make the proceedin of the court fina.
Mr. SCHENCK. here is an appeal allowed to the Supreme Court.
Mr. DELANO. I would suggest the propriety of providing that the decision of the court shall not be reviewed. l
Mr. SCHENCK. I think [erhaps this matter would be better understood by having the bill and the proposed substitute for the 1st section again read. The bill and substitute were again read.
Mr. WASHBURNE, of Illinois. In order to remove any difficultyl would suggest to the gentleman in charge of this bill, [Mr. Ase end to put in a proviso that an appeal shall be allowed in all cases.
Mr. BINGHAM. In order to satisfy the gentleman, although I think it is the law now, I would suggest to m colleague on the committee [Mr. Ase oss to modify his substitute by adding the following proviso: Provided, An appealmay be taken to the Supreme Court as in other cases.
Mr. ANCONA. I will modify the proposed substitute in accordance with the suggestion of the Gentfrom Ohio, [Mr. BINGHAI]
Mr. STEVENS. I would inquire if this is conlined to certain documents, such as bonds, or does it embrace all the funds which may have been lost?
Mr. BINGHAM. All that is lost without an t.
Mr. STEVENS. Does it embrace money which may have been lost?
Mr. wASHBURNE, of Illinois. If the bill is as broad as that, then I think the House certainly should never pass it.
Skip Skip Mr. ANCONA. I now demand the previous question. The previous question was 2nded and the main question was ordered; and under the operation thereof the vote recommitting the blll to the ComMilAffrs was reconsidered. The question recurred upon the motion to recommit the bill. Mr. ANCONA. I call the previous question on the motion to recommit. The previous question was 2nded and the main question was ordered. The question was taken; and the motion to recommit was not agreed to.
Mr. ANCONA. I am instructed by the ComMilAffrs to move the following as a substitute for the 1st section of this bill: That the Court of Claims shall havejurisdiction to hear and determine the claim of any paymaster. uartermastrr, commissaryof subsistence, or other disbursing officerof the U.S or of his administrators or executors, for relief fromresponsibility on account of lossesbycapturc, or otherwiso. while in the line of his duty, of Government funds, vouch ers.records, and papersin his charge and for which he wasand is held responsible: Provided. An appeal maybetaken to theSupremeCourt asin other cases.
Skip Skip The question was upon agreeing to the substitnte for the 1st section. Mr. ANCUNA. I call the previous question. The previousquestion was 2nded and the main question or ered; and under the Operation thereof the substitute was agreed to. The bill as amended was then orderengross and read a 3rd time; and engrossed, being it. was accordingly read the3rd time. The question was upon the passage of the bill as amended; and being taken, there were, upon a division ayes 66, noes not counted. So the bill was passed. Mr. ANCONA mtRtv the bill was passed; upon the table. Agreed to. PAYMASTERS OF THE ARMY AGAIN.
Mr. SCHENCK. This morning I reported back to this House, by instruction of the ComMilAffr, House bill No. 476, for the relief of aymasters of the Army, with a substitute, and 1 asked for its consideration at that time. The Gentfrom NewYork [Mr. Warm] objected to its consideration then and it was recommitted. Having examine the bill, be now withdraws his objection, I understand.
Skip Skip Mr. WARD. I have had an opportunity to examine the bill, and I have no objection to it. Mr. SCHENCK. I move to reconsider the vote by which the bill and substitute were recom IDH. The mtR agreed to. The question recurred upon the motion to recommit. Mr. SCHENCK. I withdraw the motion to recommit, and call the previous question on the bill and substitute. The previous question was 2nded and the main question ordered; and under the operation thereof the substitute was agreed to. The bill, as amended, was then ordered to he engrossed and read a 3rd time; and bein engrossed, it was accordingly read the3rd time and passed. Mr. SCHENCK mtRtv the bill was passed; upon the table. Agreed to.
Mr. SCHENCK. [move to amend the title so that it shall read, “A bill to facilitate the settlement of the accounts of paymasters of the Army.” The motion was agreed to.
Skip Skip MESSAGE FROM THE SENATE. A message was received from the Senate, by Mr. Fonssv, its Secretary, notifying the House that that body had passed JtResolution H.R.No. 67, providing for the reappraisement of the lands described in an act for the relief of William Sawyer and others, of Ohio. Also, that it had passed hills and JtResolution of the followmg titles, in which he was directed to ask the concurrence of the House: An act (S.No.74) for the admission of colorado into the Union; An act (S.No.277) for the relief of William Cook; andJtResolution (S.R.No. 74) providing for the acceptance of a collection of plants tend ered to the U.S. by Frederick Pech. ADMISSION OF COLORADO.
Mr. ASHLEY, of Ohio. I ask unanimous consent that Senate bill No. 71, for the admission of Colorado into the Union be taken from the Speakers table, read a 1st and 2nd time, and referred to the ComTerritor.
Mr. WASHBURNE, of Illinois. I object. mamas ro0 Timiii.
Mr. DARLING, by unanimous consent, submitted the tbllowing resolution; which was read, considered, and agreed to: Remind. That the ComCommerce be instructed to inquire into and report on the expediency of establishing Dabolls fog trumpet at Sandy Hook, port of NewYork. TAXATION OF BANK CURREXCY.
Mr. DELANO, by unanimous consent, introduced a bill declaring certain obligations of the U.S and national bank currency subject to taxation under State authority; which was read a 1st and 2nd time, or dered to be printed, and referred to the ComBanking&Currency. NORTHERN PACIFIC RAILROAD.
Mr. WASHBURNE, of Illinois. Icall for the regular order of business. The House accordingly proceeded, as the regular order of business, to the consideration of the unfinished business of last evening, being House bill No. 414, to secure the speedy construction of the Northern Pacific railroad and telegraph line and to secure to the government the use of the same for postal, militarIv, and other purposes. he pendin question was Mr. Wsnrwoarns motion to reto the ComPublic n s.
Mr. FARNSWOR H obtained the floor, but yielded to Mr. STEVENS, who said: I only want a single moment. I ask the Gentfrom Illinois [Mr. Wssrwonrn] to withdraw his motion to refer to the ComPubLands, so that I may move a substitute for the bill. He can then renew the motion. I only want the substitute before the House.
Mr. WENTWORTH. I wish to say that my sole object in moving to refer this bill to the ComPubLands was to provoke inquiry. I am sincerely desirous that every member upon this floor shall discharge his duty, if he thinks proper, by referring to the ComPubLands any amendment he has to propose. All I have desired, and all that I now desire, and all the gentlemen who are considered as the opponents of this bill desire, is that it shall be discussed. The whole trouble between us and those who are trying to force this bill through, is that they do not mean that the people shall understand anything about this bill). I am determined that they shall I withdraw 111
Mr. WENTWORTH. I renew my motion. If any gentleman has an amendment to offer I am willing to Yield for it to come in.
Mr. SPALldING. I give notice I shall move to lay the bill upon the table.
Mr. HIGBY. I rise to a question of order. Was not the ComPacRailroad created for the very purpose of considering this subject?
The SPEAKER. The committee was raised for that purpose, but the House has the right to refer any bill to any committee it pleases. The Gentfrom Illinois has a right to move to refer this bill to the ComPubLands or to the ComAppropriat or any other committee.
Mr. FARNSWORTH. The gentleman asks me if it is not a common thing. I believe it is; and it is common for any lobbyists who want to pass a particular bill to affect the commerce of the country to manipulate Boards of Trade and get these resolutions indorsing their proects. J
Mr. WINDOM. The gentleman evidently does not understand that etter. This mares nest is a great deal like some others that have been discussed about this bill. He says these papers were sent here by express from Chicago to some lobb agent to be scattered through the House. he fact is that these apers came here to Mr. Hersey, of the Post O cc Dept. I suppose they came by exrcss. He is in no sense a lobby agent in this louse; he is employed in the 0st office in the HoRep. n that we they are placed on the desks of members oft is House. So far as Mr. Hill is concerned, who is Represented as coming from Boston to represent this railroad compan, he is no other person than the secretary of the Board of Trade of that city. The city of Boston being interested in this road and desirous of receiving the ben efits to be derived from it, sends its secretary of the Board of Trade to Chicago and calls the attention of the board to the subject, just as the city of Chicago sent the secretary of its Board of Trade to the city of Boston a short time ago to influence that Board of Trade in favor of the Illinois ship canal. That is all there is in this mares nest.
Mr. FARNSWORTH. Well, it willnot hurt anybody to read it again, but I doubt if it has been read. This is the report of the 1st board of directors, the report of Mr. Perham, the president of the road, in reference to the value of the lands and the cost of construction. I send to the Clerks desk and ask to have read what I have marked showing the value of the land and the cost of the road.
Mr. FARNSWORTH. The House will no tice from this report of the railroad company that they estimate the cost of constructing this road at $60,000 permile and they further say, that after the road is built and equipped, there will be left a clear profit to the railroad of $353, 600,000, without any subsidy from the Government in the shapeof money. Gentlemen say that this report was got up when they wanted to sell out. I presume it was and so the other report was got up when they wanted to get some money from the U.S. Treasury and if dyou cannot rel upon the reports of the railroad company itsel, as to the value of the franchises of this road, I would like some gentleman to tell me upon what we can rely. I also hold in my hand the report of the ComPacRailroad of this House, made in 1800. The report was made by Hon. Cyrus Aldrich. of Minnesota, a man well ae uainted with the value of these lands, and of this route, and who, I think, is one of the corpora tors of this road. In that report the committee say: “The undersigned. the ComPacificRR, do not doubt that muchof this distancecan be bltlllt for $25,00opermile. including a full equip men. Now. if you can build a good portion of this road at $25,000 permile, instead of $60,000, as the railroad company estimates, and if the rate of $60,000 a mile would leave a net prod uct of over $350,000,000, what would the net product be at the rate of $25,000 per mile?
Mr. GRINNELL. I do not believe that estimate.
Mr. FARNSWORTH. I believe it just as much as I believe nnything presented to this House upon this subject, for it is otheial in some respect. We have not had much else that was official. I do not know why we should not believe this as well as any of these other papers.
Mr. SFEVENS. If the statement the Gentleman has had read is true, would it not be an excellent security for the guarantee asked?
MrDAW ES. Let me suggestto the gentleman that ever since I can remember NewEngland men have been helping to build railroad s in the West.
Mr. FARNSWORTH. But the gentleman will not tell me that NewEngland men who have heled to build railroads in Illinois have done so or the sake of Illinois. Massachusetts capital has gone to Illinois and sought investment there for the sake of Massachusetts capi tal. I know that the people of NewEngland are a great and benevolent people. I now that they are distinguished for their works of charity, which are numerous and frequent. I have great regard and great veneration for NewEngland. I love it, not only because it is the home of my ancestors, but because its virtues entitle it to respect and reverence. But, sir, the moneyed men of NewEngland are like moneyed men everywhere else; and when the invest money in a railroad project they do it. because they think it will pay. They do not do it from benevolent motives. So, too, when the people of Canada, or any other place, offer l their money for the purchase of a railroad charter. they do it because they think there is money in it. They do not in such matters not from motives of benevolence. Sir. if the people of NewEngland are so full of regard for the interests of the people of the West, I advise them to invest their on ital rather in the construction of a canal which shall furnish transportation for some of our.grain, relieving our lethoric and overburdened gmnaries. By sue a work as that, millions of people would be benefited where only 1,000s would receive advantage from this Northern Pacific railroad.
Mr. WENTWORTH. I understand that in the summer season there is to be water communication by this line across Lake Superior, and that in the winter season it is to be north of Lake sufferior.
Mr. HENDERSON. That would not be in good faith.
Mr. FARNSWORBH. My friend says that would not be in good faith. Sir, who is to judge whether it is or not? The surveyor goes on, and the company says it is in good faith. The surveyor produces his instruments and chains; you see they are surveying. Who is to judge of the good faith? Is my friendfrom Massachusetts [Mr. Dawns] to judge of the survey?
Mr. DAWES. The American people are to judge.
Mr. PARNSWORTH. The great American people are to judge, says the Gentfrom glassachusetts. pon what evidence are they to pass their judgment? Here is a question of forfeiture. hey shall forfeit their charter it they do not commence the work in good faith. The commence a survey, and whether it is in good faith or not nobody can tell but themselves.
Mr. DRIGGS. If the survey is never made and the work never commenced, of coursethere will be no obligation on the part of the government to issue the bonds. I cannot see how that affects the question.
Mr. FARNS ORTH. I see how it affects the question before us distinctly. I have not the sliflhtest idea that this company prouse to build this road. I suppose they come era to get this provision put into this bill in order to sell out t ieir obligation in turn to some other company perhaps more greedy still than themselves.The question might have been asked 2 years ago, who will buy this? We find it is bought for $160,000, although no ground has been broken. Now, if this charter was worth $160,000 before aspade was put into the ground, before a mile of the road was located, what would it be worth after the Government assumes $70,000,000 of indebtedness to aid in its construction, and after we all know these other provisions are in the bill which will give them a still longer time to operate? Why, sir, it will be worth, as they say themselves, millions upon millions. I would rather have this franchise after this bill has passed for speculation than to have the property of William B. Astor or the Gentfrom NewYork, [ML Doom 1.] [Laugliten] It is for this reason I do not believe there is any good faith in this company. At the same time I am not attacking the officers here, nor do I propose to do so. I believe many of them are good men, but they have been manipulated li e these Boards of Trade and these men who have been going through the count.
Mr. HEFNDERSON. I would ask the Gentleman if he did not in times past have a personal difficult with Colonel Rowland.
Mr. FARNS ORTH. I am not aware that if there were an thin of that sort it. would have anything to o with this bill; but I assure the gentleman that there is nothing of that kind. I simply know from persona observation that this man Rowland is a mere advent urer, and I state it upon my responsibility as a member of this House, and can prove it, “ either here or elsewhere.” [Lnughter.] I use the words either in a “technical” or an untechnical sense. [Lau hter.] I have only spoken of him because e has been the agent of this enterprise, and when they come to me through such unclean channelsI am not gomg to vote for schemes of this kind. It makes me distrust the whole thing.
Mr. HARDING, of Illinois. I think I understood that there was security for the money advanced by the Government in the lands granted upon the southern side of the road. Now, Idispute that. I have examined the bill, and according to m understanding there is no securit for the government contained in it. The bill contains no limit upon the terms of sale of those lands, nor as to the character of the persons who may buy them, nor as to the rates at which they are to e sold. If they should be sold to individuals connected with the corporation, it would be a substantial 2208 rnr;, mNeRnssrouttiemosn April 26, compliance with the grant. But no man in business would accept such security.
Mr. RANDALL, of Pennsylvania. The time allotted to me is so short that it will be impossible for me to enter into any argument in reference to this bill. I shall therefore content myself with calling the attention of the House to one or 2 matters which, it seems to me, should command their consideration. We have here a project of immense importance; and I wish to know of those gentlemen who mean to vote for this hill, where in the Constitution of the U.S., from one end of it to the other, they find the power to spend money or to make appropriation of the money raise by taxation for such purposes as are here proposed. Sir, the greatest latitudinarian construction ist of the constitution can find no warrant in it for the expenditure of this $57,000,000 of the peoples money. I am sure that any man who was educated in the school of strict construction will not for a moment entertain the thought of voting for this project. Sir, this is not within the terms of the powers granted to Congress by the Constitution, nor is it within the spirit of that grant. Now, let me call the attention of the House to the question of the necessity and propriety of this measure, of this expenditure of money. This bill comes here at a most unfortunate time; at a time when our Treasury, as was so beautifully described by m colleague, [Ma KELLEY] is inade lete an almost exhausted condition. He to s as that by adopting this measure we shall pour into the Treasury untold sums of money. Why, sir, he killed his argument with his own words. He admits that our Treasury is exhausted; and yet he is willing to allow these people to put their arms still deeperinto the Treasur. Now, I would" not object l0 much to this measure it we were not so overwhelmingly in debt. But, as was so ably and so eloquently said on yesterday by the Gentfrom Ohio, [HL Datum] our debt today will approach $4,000,000, ooo. RHere the hammer fell.].Mr. DONNELLY obtained the floor.
Mr. WASHBURNE, of Illinois. I hope the Gentfrom Pennsylvania [Mr. RANDALL] will have 5 minutes more time given to him.
Mr. DONNELLY. Iwillyiel liveminutes of my time to the Gentfrom Pennsylvania.
The SPEAKER. The time allowed to the Gentfrom Pennsylvania by the Gentfrom Minnesota has expired.
Mr. SMITH. Will the Gentfrom minnesota yield to me that I may offer an amendment?
The Clerk read as follows: "I have not the fl ures nor would I now be able to work them up if had. but comparing this with the Illinois Central railroad grant. I think it a small estimateto saythat ifthis grant is properly managed it will build the entire roadmennectingwith the present terminusof the Grand Trunk. through to Puget sound and head of navi mtion on the Columbia; fit out an entire fleet for the China, East India, and coasting trade of sailing Vemclsand steamers and leave asnrnlul that will roll no to millions."
Mr. HIGBY. Will the gentleman allow me to say a word?
Mr. HIGBY. I have heard from 2 or 3 members that the Central Pacific railroad has been trying to get up an influence against this road. I there is anything of the kind the delegation particularly in interest in the Central Pacific railroad is not aware of it. I know that no member of that company has been near me since this bill has been under discussion, and I leave it to the other members of the delegation from California whether they have seen any member of that company in reference to this subject. I think they would 1st go to the members living in the vicinity and most interested, and not to other members of the House.
Mr. SPALDING. I ask the gentleman to yield to me.
Mr. SPALDING. Mr. Speaker, I have taken somewhat of an active part in opposition to this bill, and I repel the insinuation that any railroad O eat has bad influence with 1110or approachc me at any time. I challenge proof that any agent of any company has come here to engender opposition to this bill.
The Clerk read as follows: “Mr. COLYAX, I want you totake a message from me to the miners whom you visit. I have very large ideas of the uninercl wealth of our nation. I believe it practically inexhaustible. It aboundsall over the western couptry, from the Rocky mountains to the Pacific, and its development has ssaroly commenced. During the war. when we were adding); conla of millions of dollars every dayto our patlonul ob I did not care about encouraging the increase in t a volume of our reciousmetals. We had the country to save 1st. at now that the rebellion is overthrown, and we know pretty nearly the amount of our national debt. themoregold and silver we mine wemake the payment of thatdebt somuchtheeasier. Now, " said he, spankingWithmore emphasis."I am going to encouragethat in every possiblewe. We shall have 100s of 1,000sof disban edsol diers and many have feared that their return home in such.great numbers might paralyze industry by furnishing suddenly a.greater supply of labor than thereWill bedemandfor. Iam goingtotryto attract them to the hidden wealth of our mountain ranges, where there is mom enoughfor all. Immigration, which even the war has not sto pod, Will land upon our shares100sof thpusun s moreperyear from overcrowdedEurope. I gold intend topolut themto the and silver that wait for them in the West. Tell the minersfor me that [shallpromoto thqintarusts to the utmostof my ability, becausetheir prosperity is the prosperity of the mine r and " said be. his eye kindling w th enthusiasm, we shall prove in a very few years that we are indeed the treasury of the world." AMENDMENT OF TERRITORIAL ACTS.
Mr. ASHLEY, of Ohio. Will the Gentfrom Minnesota [Mr. DonssLLY] yield to me for a moment, as I must soonleave the Hill on account of indispositionl
Mr. ASHLEY. I am instructed by the ComTerritor to report back House bill No. 508, to amend the organic acts of the Territories of Nebraska, Colorado, Montana, Washington Idaho, Arizona, Utah, and NewMexico, and ask that the same be printed and recoinmitted. No objection was made.
Mr. WASHBURNE, of Illinois, mtRtv the bill was recommitted; on the table. Agreed to. ENROLLEDJtResolution SIGNED.
Mr. TROWBRIDGE, from the ComEnrollBill, reported that they had examined and found trli y enrolled a House JtResolution of the following title; when the Speaker signed the same:JtResolution (H.R.No. 67) providing for the reappraisement of the lands described in an act for the relief of William Sawyer and others, of Ohio. NORTHERN PACIFIC RAILROAD AGAIN.
Mr. DONNELLY. I have agreed to yield 5 minutes of my time to the Gentfrom Connecticut.
Mr. HUBBARD, of Connecticut. I do not propose to detain the House with any extended remarks.
Mr. CONKLING. My colleague would ike to continue his remarks, and I hope the n Gentfrom Connecticut will yicl to him for that purpose.
Mr. HUBBARD, of Connecticut. The Gentleman can continue his remarks after I have closed.
Mr. conKLING. That will interrupt his remarks, and I hope he will be permitted to finish them at this time.
Mr. HUBBARD, of Connecticut. I yield for that purpose, with the understanding that I shall have the floor when he is through.
The SPEAKER. The Gentfrom minnesota fRhtMr. DONNELLY] has 2 minutes of his time .
Mr. DONNELLY. I yield it to the Gentfrom Kentucky, [Mr. 8111111.]
Mr. SMITH. I offer the following amend meut.
The SPEAKER. It can only be done by the Gentfrom Illinois [Mr. Wsxrwonrn] withdrawin his motion to refer.
Mr. WE TWORTH. I do not propose to ithdraw it, but I propose to offer the amendment myself, in order that the gentleman may get it in.
Mr. SMITH. How do you know.you will aprove it?
Mr. WENTWORTH. I do not care whatit is; if gentlemen want to offer their amendmentsfi want to let them, so that they may all go to the ComPubLands.
The SPEAKER. The gentleman will have to withdraw the motion to commit and oifer the amendment himself.
Mr. WENTWOltTH. Can I offer it, and then renew the motion?
Mr. WENTWORTH. Then I will do it by unanimous consent. [Laughter]
The Clerk read the amendment, as follows: At the endof the 2ndsectioninsert the following pryiiziigidedTh. at the land on the south side of the said railroad, the proceedsof which are also to be pledeed to the payment of the interest gunrnntiedby the Guvernmcut.shull not besold excepton terms to be agreedto by the SecyTreasury.
Mr. SMITH. I now propose to say what I desire to say.
The SPEAKER. The time yielded to the gentleman has on ired., [Lau hter.]
Mr. WASHBL RNE, of Illinois, obtained the floor.
Mr. SMITH. I hope the Gentfrom Illinois will yield me ten minutes of his time.
Mr. WASHBUHINE, of Illinois. I will yield the gentleman the residue of the evening if the House will agree to adjourn after he gets through.
Mr. WENTWORTH. I hope the previous question will not be 2nded to night. A great many members have gone home, not expecting a vote.
The SPEAKER. How much time does the Gentfrom Illinois yield to the gentleman m Kentucky I
Mr. WASHBURNE, of Illinois. I cannot eld to him at all unless it be the understand mg that the House shall adjourn when he concludes. With that understanding I am willing to yield to him indefinitely.
Mr. SPALDING. Will the Gentfrom Illinois yicld me the floor to allow me to make a motion to lay this bill upon the table?
Mr. WASHBURNE, of Illinois. Let the gentleman repl in his closing argument. I ask, where is the security that this company will ever ay one dollar into the Treasury of the U.S.?
Mr. 8311 H. Will the gentleman yield to me for a moment?
Mr. SMITH. That I may ask him a question.
Mr. SMITH. It is provided, as I understand, that this land shall not inure to the benefit of the company until after a certain number of miles of road are completed. The SecyTreasury is directed to take control of this matter, and the treasurer of the company is required to pay the proceeds into the Treasury of the U.S. in April and October of each year. Now, I ask whether the road itself is not bound to the Government for that amount of money.
Mr. WASHBURNE, of Illinois. No, sir; there is nothing in the existing law and nothing in this bill which furnishes this government any security of the kind. Yet it was proposed that this section. monstrous as it is, should be put through in this bill. Now, let gentlemen look a little further. I them to look at the 3rd section of the i.
Mr. SMITH. I call the ntlemans attention to the 27th line in the 2nd lection where there is a provision to reimburse the GOvernment for any moneys paid for interest, and also security for the future payment by the Government of any interest accruin under this pledge until the Government shal be fully reimbursed for the payment of the interest.
Mr. WASHBURNE, of Illinois. What security does the gentleman mean? There is no mortgage on the road. These parties get their title to the land after they have built 25 miles of the road. They get the guarantee of their stock. You have no power of interference and no power reserved to make them do anythin. Let us look a little further, at the 3rd section. which I denounce in behalf of the peeple of the Territories through which this road is to pass. I will read it: See. 3. Aml be i1 Abife: That the patents hr or lists of lands granted to this company shall convi v the fee simpleof said lands to said company In the mostfull and completemanner, and that none of the lands grnnlrd to said companyshall besubject to any general or local tax, for any purpose whatever, till nllor 2 yearsfromdate of said convoyanco. Here, sir, we take a strip of land 40 miles wide through these Territories and give every alternate section to this railroad company, we permit them to hold this land indefinitely. for that I undertake to say is the elfect, if not the object of this section, free from taxation. 2 years after conveyance! It is to reveut the lands being taxed in these new erritories in order to support their governments. 1 undertake to say that under this bill these lands could be held without being taxed for an indefinite time. If the conveyances are For what not made the lands could not be taxed, for it is provided that none of the lands granted to this company shall be subject to any general or local) tax for any purpose whatever till afler 2 years from the date of the conveyance.
Mr. STEVENS. Do they not become subject to taxation after the Government conveys them?
Mr. WASHBURNE, of Illinois. No, sir. "On none of the lands granted to said company.” What does that mean? “None of the land, granted to said company shall be subject to any general or local tax for any purpose whatever.” I say there can be no doubt as to the meaning and intention of the act. For one I protest against it in the name of the people of these Territories, against this injus tice. The people should have the right to tax all the lands to support their government, maintain their schools, build their public build in s, roads. &c.
Mr. STEVENS. When the gentleman undertakes to say that under this bill this company may hold these lands indefinitely free from taxation he is mistaken. That is not the reading of the bill.
Mr. wASHBURNE, of Illinois. Myfriendfrom Pennsylvania says that it is not the reading of the bill. Let gentlemen read for themselves, and determine the question between him and myself. I say, in my judgment, nothing can be plainer than that. Now, let us go a little further. I come next to the 5th section. because I am criticising the bill. It has already been alluded to by my colleague [Mr. lVizsrwoarn] and others, and it will be necessary for me only to say a word. These parties to whom this munificent grant was made, according to their own showing a grant of land of vast value, vastly more than enough to build the road, were to commence their work under the charter within 3 years and yet. as I have already said, up to this time they have not struck a spade into the ground. They undertake, in this indirect way, to de clare, what? That the commencement, not of the buildin of the railroad and telegraph line, but that the commencement of the survey of the railroad and telegraph line shall be considered the commencement of the work.
Mr. STEVENS. The substitute which I have offered providos for one year of extension.
Mr. WENTWORTH. He is going to do it. [Laughter
Mr. HE. DERSON. Will the gentleman allow me to say that 9 10ths of my own congressional district would vote for the bill now under consideration?
Mr. WASHBURiN E, of Illinois. Well, I think I ought to make an exception in behalf of the gentlemans constituents. It is not strange that they want this railroad, and Ibear cheerful testimon to the zeal and ability with which my friend as an ported this measure. A Mariana. So would the peeple of Montana.
Mr. WASHBURNE, of Illinois. Montana is not a State in the Union, and it never will be so far as my vote is concerned if it requires me to vote away this $139,000,000. I think the millions of people this side of the mountains have some O aims upon Congress as well as the other side. As my colleague [Mr. Fanxs woarn] well said, it would be well for us to get some means of communication across the country between the Mississippi river and the Atlantic. Not on] that, but we more directly u pon the mighty ather of Waters want the ohstructions to that great highway of commerce removed so that our products can go “ unvexed to the sea.” You do not do that. You do not provide the means by which the people of Illinois and of the whole Northwest can send their products to market. We have struggled here year after year, and year after year, to get it done, but we cannot, and our constituents are suffering now as never before because they cannot get their products to market and yet you have agree to expend $95,000,000 to build the Gentral Pacific railroad in addition to all the land you gave for the purpose; and now you are proposingto give lands and to vote $69,000,000 to build another Pacific railroad.
Mr. DAWES. The Representatives of Massachusetts did not vote against the measure to which the gentleman referred just now.
Mr. WASHBURNE, of Illinois. Well, Massachusetts was all right, with one or 2 exceptions. Laughter.]
Mr. SpEVENS. I believe I voted against it, because my friend had taught me that taxation was so has that we ought to do nothing to increase it. {T an
Mr. THAYER. Will the Gentfrom Illinois allow me to ask him a question?
Mr. THAYEIt. I observe that there is upon our files another House bill, No. 378, which is entitled “A bill to aid in the construction of the Kansas and Neosho Valle railroad, " which is to connect the great lakes with the Gulf of Mexico; and I observe that by the 4th section of that bill it is proposed that the U.S shall guaranty what are called “construction bonds, bonds of $1,000, 20 of which are to be issued for every mile of the road. I want to ask the gentleman whether he can give us any information in regard to that bill.
Mr. WASHBURNE, of Illinois. Oh, no; these railroad bills are so numerous, and they come in here so fast, that it would take anyone member of this House almost all his time to keep track of them. I know I am kept busy movinglto reconsider, and laying that motion upon the table, the references of these bills to the committees. l Niow, Mr. Speaker, I ask where all this is to ea.
Mr. GARFIELD. To the Pacific coast. [Laughter]
Mr. WASHBURNE, of Illinois. “In a horn!” [Great laughter.] It would lead to the bottom of an almost empty Treasury. That is where it would undou tedly lead if this bill shall receive our sanction.
Mr. WINDOM and then what would become of the Illinois ship canal?
Mr. WASHBURNE, of Illinois. That reminds me that if aIthe money go in this particular direction there will be none left for practical improvements demanded by the vast interests of the constituents of my friend and the people of the whole Northwest. My friend 3 constituents, like mine, have been plundered by these corporations and by these monopolies until they have declared that forbearance has ceased to be a virtue in regard to them, and when 99 out of every 100 of my friends constituents demand a better means of commercial transportation to the East I am surprised that he should be willing to gratify one out of 100 by taking all the money of the Government to build this Northern Pacific railroad and devising nothing to afford them an outlet cast.
Mr. WIN DOM. They are emigrating to the West.
Mr. WASHBURNE, of Illinois and I do not wonder at it. If they do not send Representatives here who will see that their interests are vindicated, who will use their influence to give them a better market for their products, then I do not wonder that they emigrate to the West. [Laughter] If I were a citizen of the State of Minnesota, I think I should emi rate West in that condition of affairs; althoug, if I were a citizen of the district of my distinguished friend, I should dislike very much to leave it on his account. [Renewed laughter.]
Mr. WASHBURNE, of Illinois. I know the gentleman voted for it, and I know he has been an able and vigilant Representative. But I tell him that if such schemes as this are to go through, it is no use for him, or me, or anybody clse, to think of getting appropriations for what is so necessary to our people in the N orth west.
Mr. WINDOM. How about the money voted for Brigham Young?
Mr. WASHBURNE, of Illinois. Irccollect that episode, when my friend seemed to be so much disturbed about a little money that he said was going to Brigham Young. He seems to have a prejudice against Brigham. I hope Brigham oes not interfere with any of his rights, [great laughter] so the he and I will quit there. My sympathy is in nother direction; not in the direction of the Gentfrom Minnesota. But this is mere bndinage, neither here nor there, and I am sorry the House has been detained so long about it. I have seen a document which has been printed and laid upon our tables, styled “ An appeal to congress in behalf of the North west.” Now, consider myself avery small art of the Northwest. I believe I have been in the Northwest longer than any member of this House, except my venerable colleague from the Chicago district, Mr. [Great laughter.] He Wsrzrwosrn} is er there than am. [Renewed laughter.] I have been somewhat identified with the interests of the Northwest for I have lived there more than half my life. I have seen it grow in power and in magnitude and also in glory, and have felt a pride in it all and I conceive that I might have some little share in the guardianship of the interests of the Northwest. But we seem to be left out of consideration in this matter, and the guardianship has gone to other Bands. Hero is a pamphlet on this subject put on our desks. The names of the parties on the back of this book to which I have referred, this “Appeal to Congress in behalf of the North west, ” are paraed on the outside, some of them in very large letters, as the indorsers of this scheme. I find there the name of Lien tenant GenlGrant,of major General Meade, and Brevet Major Generalingalls, as well as others, all gentlemen for whom I have the highestrespect and esteem.
Mr. ARLING. Will the gentleman allow m e to ask him one question?
Mr. DARLING. I desire to inquire whether, when the charter of this company was granted 2 years ago, the Gentfrom Illinois did not propose an amendment by which the name of General McClellan was stricken out and the name of GenlGrant inserted as one of the cororators.
Mr. WASHBURNE, of Illinois. It is very likely, sir. It was certainly a very excellent change. [Laughter] If the gentleman feels aggrieved about the matter, I hope he will make his ricvance known to his constituents.
Mr. DARLING. No, sir. I agree with the gentleman that it was a very good change.
Mr. WASHBURNE, of Illinois. I do not suppose, sir, that GenlGrant ever knew that his name was in the list of corporators. But his letter on this subject has been referred to, and the Gentfrom Iowa, though I do not know why he should do so, has a pealed to me particularly to listen to what general Grant had said on this subject. Now. air, the Opinions of that distinguished Officer on subjects with which he is familiar, and to which he has given his attention, have very great weight with me, though I am not bound to permit his opinion, or that of any other man, to override the convictions of my own judgment and let me say to my friend that the opinions of GenlGrant have weight with me because of his notions in regard to these very questions of economy, for I undertake to say that no man has devoted himself more zealously to reducing the expenditures of the Government and diminishing the taxation of the people than has GenlGrant during the last year.
Mr. PRICE. I think so, too; and that is the reason why I have given GenlGrant as an authority on this bil.
Mr. srsvnivs obtained the floor. UNION PACIFIC RAILROAD COMPANY.
The SPEAKER, by unanimous consent, laid before the House the following message from the POTUS, which, with the accompanying documents, was referred to the ComPacificRR, and ordered to be printed: Exsourrvs MANSION, WASHINGTON, D. C., April 24, 1866. To the Senate and HoRep. I submit herewith, for the consideration of Congress, the accompanying communication from the SecyInterior in relation to the Union Pacific Railroad Company, eastern division. It appears that the company were required to complete 100 miles of their road within 3 years after their acceptance of the conditions of the original act of Congress. This period exired December 22, 1865. 62 miles ha been previously accepted by the Government. Since that date an additional section of 23 miles has been completed. Commissioners appointed for that purpose have examined and reported upon it, and an application has been made for its acceptance. he failure to complete 100 miles of road within the period prescribed renders it questionable whether the executive officers of the Government are authorized to issue the bonds and patents to which the company would be entitled if this as well as the other requirements of the not had been faithfully observed. This failure may, to some extent, e ascribed to the financial condition of the country incident to the recent civilWar. As the company appear to be engaged in the energeticprosecution of their work, and manifest a disposition to comply with the conditions of the grant, I recommend that the time for the completion of this part of the road be extended, and that antherity be given for the issue of bonds and atcuts on account of the section now offered or acceptance, notwithstanding such failure, should the company in other respects be there unto entitled. AndrewJohnson. NORTHERN PACIFIC RAILROAD AGAIN.
Mr. WASHBURNE, of Illinois. I promised to yield a portion of my time to the Gentfrom NewJerse, [Mr. wRIGHT].
Mr. STEVEi S. I think we can arrange the difficulty. Although I intend to go on this evening, the 8 each of the Gentfrom Illinois was filed so full of “chimeras, gor gons, and hydras dire, " that my nerves have been shocked, and I do not care to speak to night. [Laughter]
Mr. WASHBURNE, of Illinois: Then I hope we will adjourn. INTERNAL nsvuxen BILL.
Mr. IJATHAM. by unanimous consent. from the ComPrintg, reported a resolution that there be printed in pampliletiorni. for the use of the members of the House, 10,000 extra copies of the bill to amend the internalrevenue laws, reported by the chairman of the Committee of I ays an Means, April 25, 1866; which was read, considered, and agreed to. niniionziriox. Mr.WASHBURNE, of Illinois. Mr. Speaker, the ComCommerce have considered and are ready to report a bill in relation to immigration, which has some provisions in regard to over crowding passenger ships, and also in connection with the cholera. I ask unanimous consent that it shall be considered tomorrow after the pending subject has been disposed of. There was no objection, and it was so ordered. EQUALIZATION of SOLDIERS, BOUNTY.
Mr. ELDRIDGE, by unanimous consent, presented the memorial of the Legislature of Vise onsin, for the equalization of soldiers bountywhich was ordered to be printed and referre to the ComMilAifairs. NEW MAIL ROUTE.
Mr. ELDRIDGE also presented a memorial for a mail route from Trempealeau to Sumner, in Trempealeau county: which was ordered to be printed and referred to the comPostOffice. WISE ONSIN SHIP CANAL.
Mr. ELDRIDGE also presented a memorial in relation to a ship canal through the State of Wisconsin connecting the Mississippi river with the waters of Lake Michigan; and a memorial for the improvement of the harbor at Superior City, Wisconsin; which were ordered to be printed, and referred to the ComCommerce. SENATOR.DOOLITTLE.
Mr. ELDRIDGE also presented JtResolutions of the Legislature of Wisconsin, declaring it to be the duty of Senator Doonrrrm to resign the of the e of U.S. Senator; which were ordered to be printed, and referred to theselect JtComReconstruction. EXPENSES OF REVENUE COLLECTION. On motion of
Mr. STEVENS, Senate JtResolution No. 75, making appropriations for expenses of the collection oi revenues from customs, was taken from the Speakers table, read a 1st and 2nd time, and referred to the ComAppropriat and then, on motion oi
Mr. BINGHAM, (at 5 minutes to 5 oclock p. m.) the House adjourned.
@@@IN SENATE SENATE. Fm“, April 21, 1866. Prayer by Rev. W. B. GILLETTE, of Cumberland. NewJersey. The Journal of yesterday was read and approved. ENROLLED BILL SIGNED.
The PRESIDENT protem are signed the enrolled JtResolution (H. t. No. 67) providing for the reappraisement of the lands described in an act for the relief of William Sawyer and others, of Ohio. HOUSE BILIS REFERRED. The following bills from the HoRep were severally read twice by their titles and referred as indicated below: A bill (H.R.No. 434) for the relief of Isa bella Strubing to the ComPensions. A bill (H.R.No. 473) to extend the jurisdiction of the Court of Claims to the ComJudiciary. A bill (H.R.No. 476) to facilitate the settlement of the accounts of paymasters of the Army to the ComMilAffrs . INTERNATIONAL OCEAN TELEGRAPH. The Senate proceeded to consider the amendments of the HoRep to the hill (8. No. 26) to encourage telegraphic communication between the U.S and the island of Cuba and other West India islands, and the Bahamas. The 1st amendment was in section 2, has 3, to strike out the words “ during a state of war;” so as to make the section read: That the said International Ocean Telegraph Company shall at all timesgive the U.S. the free use of said cable or cables. through a telegraphic operator of its own selection, to transmit any mes sagesto and from its military, naval and diplomatic or consular agents. The next amendment was after the word “agents, ” in the same section, to insert these words: and the said companyshall keep all its line s open to the public for the transmission.for daily (publication, 0? market and commercial reports an intelli gence; and all messages dispatches and communications shall be forwarded in theOrderin which they shall be received: and the said companyshall not be permitted to charge and collect for inesses transmitted through any of its submarine ca lcs more than the rate of $3 50for messagesof ten words.
Mr. CHANDLER. I move that the Senate concur in the amendments of the HoRep.
Mr. CONNESS. I hope the Senate Will not take sudden action on this question, nor at any time concur in the amendment With reference to the rate of charge. The charge here proposed to be allowed for telegraphing during the period of years this exclusive privilegeis to last is far greater in proportion to the distance than any mode anywers in the U.S. The charges now made for telegraphing across the continent to the Pacific coast from this city amount to about 7 dollars and 80 cents, or thereabouts.
Mr. CHANDLER. To avoid discussion I will move that the Senate non-concur in the amendments and ask for a committee of conference, if the Senator will give way for that purpose.
Mr. CONNESS. I wish to say what I was proceeding to say at the present time.
The PRESIDENT protempore. The Senfrom California is entitled to the floor.
Mr. CONNESS. I shall not occupy long. I was stating, sir, that at the present time the cost of telegraphing from Washington city to the Pacific coast by the Overland Telegraph Company is for every ten words about 7 dollars and 80 cents, a very high rate of charge, as we who pay it happen to know from da to da and from hour to hour.
Mr. WILLIAMS. I wish to suggest to the Senfrom California that the rate is ten dollars from here to Portland, in Oregon, for every ten words.
Mr. CONNESS. I have no doubt it is, going by California. My purpose, however, Was only to call attention to that as a high rate; but this is a higher rate still, 3 dollars for a distance of 100 miles. which may be the means of communicating with the European continent, and the only means in case of the continued failure of the northern ocean line. As I understand, the French Government are now taking stepsto construct a line by the Cape De VerdIslands. My purpose, however, is only to call attention to the fact, and I do not want this question disposed of by being committed to a committee of conference.
Mr. CONNESS. I hope the honorable Senator will allow me to proceed for a moment. I was about to say that I did not want this question disposed of by being referred to acommittee of conference which shall agree to this rate. I notice, now, that the Senfrom Ohio [Mr Susanna] is in his seat. who feels some interest in this subject; and whatever course is taken. I desire to call the attention of the Senate to the fact that the rate fixed here is a rate that ought not to be permitted, in my opinion.
Mr. MORRILL. The Senate is undoubt edly sufficiently aware of the opposition to this bill
Mr. CONNESS. I wish the honorable senator to understand that I voted for the bill on its passage, and opposition to the bill is not may purpose now; at I am utterly opposed to a thug to the exclusive privilege granted to this company the right to make this extraordinary charge.
Mr. MORRILL. Of course I did not propose to refer to the Senator nrticularly as “the opposition" to which Iaverted.
Mr. MORRILL. Does the Senator wish to interrupt?
Mr. TRUMBULL. I was going to ask the Senator having charge of this bill, who I believe is the Senfrom Michigan, as it is going to give rise to debate, to let it go over, and let us proceed with the bill which we had up in the morning hour the day before yesterday, and which was partially discussed and postponed. I hope he Will allow that bill to come up as there seems to be a disposition to debate this matter.
Mr. CHANDLER. I do not think it will lead to any debate. It has been thoroughly discussed heretofore.
The PRESIDENT protempore. Senfrom Maine give way?
Mr. CONNESS. Will the Senator permit me to interrup him for a moment?
Mr. CONNESS. My object is not to delay the passage of the bill. finally consented to vote for it in the Senate when it passed. My opposition to it ceased then, as a matter of course. But I ask the Senator, in whose judgment I have great. confidence, whether. in his opinion. the limit fixed by the amendment of the HoRep to the companys right to charge does not preclude us from acting on that subject hereafter under the general clause place in the bill by the Senate originally reserving to Congress the right to alter and amend it. My impression was that it would have that effect as to that point. If it does not, as a matter of course the naming of tbamount to be charged in the House amendment does not make the bill any more obnoxious than it was before, because as I voted for it they had a right to make what charge they pleased. But it occurred to me that if we agreed to the amendment of the House fixing this sum as the limit of the charge to be made by this company it would bind us hereafter in any action that we might propose to take on this subject.
Mr. MORRILL. I think the honorable Sen ator will see, on a moments reflection. that it cannot by any possibility have that effect. The provision is simply that the shall not charge exceeding that amount, an of course. within that limit, it will be under the control of Convress.
Mr. CHANDLER. The only change made by the House was, 1st, making this line free to the Government of the U.S. in time of peace and war; 2nd, putting in a proviso that they should not charge over so much for ten words. because the I House were not willing to give to this company the great scope which they deemed to be contained in the oriinal bill. But the same powers are reserve in the bill now that were in it before it went to the House. The amendments that have been inserted are simply against the company. I hope the vote will be taken on concurring in the amendments.
Mr. SPRAGUE. I trust that this measure will go back to the ComCommerce and ceive more consideration than it has alrea y received. The Senfrom Missouri[Mr. Bnown] has suggested a measure to the Senate whereby the U.S. will take the exclusive control of the tclegraphing of this country. The Senfrom Oregon and the Senfrom California feel the ull force and Weight of the exorbitant demands of these great monopolies, and the business of the country every day suiiers from the exclusiveness of this great interest. It strikes me that there should be an amendment to this bill providing that the privileges and the rights granted by it shall cease when the U.S shall have taken possession, as they have a right to do undoubtedly under the Constitution, of the tel egraphing of the country. Give us a clause to that effect; amend your bill; let us understand that the policy of the count is to prevent those exc usive monopolies which now embar rass the business interests of the country.
Mr. MOLtliILL. I do not know but that the good time is coming, and very suddenly when the GOVernment Willtake possession of all the tel rnphs in this country; yet I am a little inere ulous on that subject and do not see exactly how it is to he done. Isuppose we shall have the millennium prophesied some time; but the question is whether we had better suspend all enterprise on these big hopes. It is this hind of enterprise that heralds the millennium if ever it comes; precisely this. Now, Mr. President, [was not mistaken, I think. in my suggestion as to the opposition of my honorable friendfrom Obi0 and I cannot understand exactly how it is that a bill has been made obnoxious by an amendment which is itself a limitation on the power of the company. When this bill passed the Senate the power to charge was unlimited and unre stricted. The HoRep have limited the power of the company to charge beyond a specilic sum. Now, Fdonot understand the orce of the argument which readers that obnoxious to the charge of being exorbi tant. It seems to me it is a limitation, to say the least of it; and to that extent, as I said when I was up before, it is against the interest of the I do enoomt pwainsy. to protract debate, and do not intend to do so, but I simply repeat that the question when up before on its merits was discussed at large and the judgment of the Senate was that the bill ought to pass. All that has taken place in the other House, I submit, does not changethe attitude of the bill as it was before the Senate on its passage. It has all been in restraint of the interests and the rights of the corporators. I submit, that having been the judgment of the Senate, whether the concurrence in this action, as moved by the chair man of the ComCommerce, who has charge of this bill, is not reasonable.
Mr. DOOLITTLE. I should like to inquire of the honorable Senfrom Maine whether this amendment coming from the HoRep. fixing the price of messages at $3 50, is in such form as to prevent Congress reducmg that price hereafter if they think it necessar to do so.
Mr. MORRILL. It does notchange the character of the bill in that respect, except that it prevents them from charging beyond that price, leaving the bill entirely within the control of congress.
Mr. DOOLITTLE. The question in in mind is whether, if Congress assumes to speci y a given sum, Congress may not feel itself bound by that, so as not to interfere; whether the amendment ought not to be amended so as to embrace in direct terms a provision that congress retains the power at any time to reduce this price if it is regarded as exorbitant.
Mr. MORRILL. Congress now retains in its hands the power to alter, amend, or repeal the act; and of course that necessarily includes thiipower to change this provision.
Mr. DOOLITTLE. I know it was so argued, and perhu )s that is the true construction; and yet it would do no harm whatever, and would relieve it of all possible doubt, to insert the words that Congress should have power at an time to fix the rates if these should appear to e exorbitant. I hope it will go to a committee of conference, and they can arrange it between themselves.
The PRESIDENT protemporc. The Chair wil. but the question on the 2 amendments to e the r unless a division is asked for.
Mr. MORRILL. I wish to say to the honorable chairman who has charge of this bill that I have not the slightest obJection that it should go to a committee of conference, as I understood him to suggest.
Mr. CHANDLER. That was to avoid de bate. I am content to take the bill as it is, or let it go to a committee of conference. The amendments have had the a probation of the ComCommerce. It ink we had better vote on the question now.
Mr. CLARK. I suggest to the Senfrom Michigan that, in my judgment, it had better go to a committee of conference. It may be that this limit is right it may be that it is not right. It may he that it is too high. The PostMGenl has promised the committee on this subject to furnish them with some information in regard to the price of telegraphing, and in regard to the investment of ca ital, and the rates at which it may be done. 1 t ink, crhaps, that if we have a committee of conerence they can confer, and determine what is best to be done, for I have no idea but that the chairman of the ComCommerce desires to have it at the properrate, and they can act, perhaps, more intelligently in that way than if we at once concur in the amendments.
Mr. CHANDLER. I withdraw my motion to concur, and move that the Senate nonconcur in the amendments, and ask for a committee of conference.
Mr. SPRAGUE. I have but one remark to make on this question, and that is with reference to a suggestion which fell from the Senfrom Name as to the millennium. If the millennium can be as easily reached as the establishment by the Government of the U.S. of telegraph lines between its postoffices, I confess that it will be very easily reached. It seems to me as much the province of the government of the U.S. to establish lines of telegraph between its various postoffices throughout the country as it is to establish the postoffices themselves.
The PRESIDENT protemporc. The motion now is that the Senate non-concur in the amendments proposed to this bill by the HoRep, and ask a conference withi that House on the disagreeing votes of the 2 Houses. The motion was agreed to.
The PRESIDENT protempore. How shall the committee be appointed 1 Several SENATORS. By the Chair. By unanimous consent the President protempore was authorized to appoint the committee; and Messrs. Canopus, Monaii.i., and Coxxass were appointed the committee on the part of the Senate.
Skip Skip PETITIONS and MEMORIALS.R. JOHNSON presented the memorial of Joshua Jones, of StMarys county, Maryland, claiming damages for property of his, of which forcible possession is alieged to have been taken by the Freedmens Bureau; which was referred to the ComClaims. Mr. HENDERSON presented additional papers in relation to the claim of Washington Croslnnd for compensation forproperty beloning to him situate in StLouis, Missouri, which was seized by order of general Iohn C. Fremont, and used for Government purposes; which were referred to the ComClaims. REPORTS FROM COMMITTEES.
Mr. HOWARD, from the ComPacificRR, to whom were referred various petitions praying for the construction of a railroad from the south line of Kansas to the north line of Texas, and also for a railroad across the Indian Territory from the south line of Kansas to Red river, asked to be discharged from their further consideration; which was agreed to. He also, from the same committee, to whom was referred a message from the POTUS, transmittin a memOrial of the Legislative Assembly of the Territory of Colora o in relation to the location of the Pacific railroad, asked to be discharged from its further consideration; which was agreed to.
Mr. CLARK, from the ComClaims, to whom was referred the petitionof mary John son, praing for compensation for property destroye by the rebes under the command of General iongstreet, near Suffolk, Virginia, reported adversely thereon.
Mr. KIRKWOOD. from the ComPubLands, to whom was referred a bill (H.R.No. 85) for the disposal of the public lands for homestead actual settlement in the States of Alabama, Mississippi, Louisiana, Arkansas, and Florida, reports it with amendments. BILL INTRODUCED.
Mr. NYE asked, and by unanimous consent obtained, leave to introduce a bill (S.No.290) to incorporate the National Life and Accident Insurance Company of the DistCol; which was read twice by its title, and referred to the ComDistCol. 1733or HALL.
Mr. WILSON. I offer the following resolution, and ask for its present consideration: Remlved, That the use of the SenateChamber be granted to James E. Murdoch, Esq., on Thursday evenin. May 3. for the purpose of giving a reading for the onetit of the fair to be held in t in city for the National Home for the orphans of soldiers and sailors. I will simply say that there is bein held at the present time a fair for the benet( f the orphansof soldiers and sailors.
Mr. Murdoch, who has devoted almost all his time during the war to the cause of the soldiers, has offered to give a reading for the benefit of their children. f such a privilege is ever granted.for any purpose it on ht certainly to be for this.
Mr. RIDLE. I am in favor of the object of the resolution of the Senfrom Massachusetts, but
The PRESIDENT protempore. The Chair will inquire if there c any objection to the present consideration of the resolution.
The PRESIDENT protempore. being made, the resolution lies over. Objection NEWYORK and MONTANA IRON COMPANY.
Mr. WADE. I move now to take up senate bill No. 203, the unfinished business of the morning hour of yesterday. 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; the pending question being on the amendment of Mr. POIEROY to the 1st section of the amendment reported as a substitute for the bill by the ComPubLands.
Mr. POMEROY. I desire to withdraw the amendment that I moved yesterday, which was to add the proviso at the end of the original bill to the 1st section of the substitute reported by the committee, and to offer another reposition which will better secure the object I have in view. No action having been taken upon it, I suppose it is competent for me to withdraw it, which I now do, and in lieu of it I propose to insert in the 10th line of the 1st section of the substitute, after the word “ purposes” the words “or in any other preemption orhomestead settlement;” my object being simply to make secure any settlement that may have been made against the location to be made by this company.
Mr. WADE. 1f the Senator will allow me, I will state that the Senfrom California [Mr. Coxxi Jss] has shown me an amendment that he has prepared which I believe covers the whole ground, and to which I have no objection.
Mr. POMEROY. Very well; I will with draw in amendment and listen to the amendment of the Senfrom California.
The PRESIDENT protempera. The Senfrom Kansas with rows his amendment to the amendment of the committee.
Mr. CONNESS. I have prepared a few amendments to this bill with a view of perfecting it or making it unobjectionable and at the same time, of course, carrying out the purposes that its friends have in view. In the 13th line of the 1st section of the amendment of the ComPubLands, I propose to insert after the word “ be ” the words “made under regulations from and, " and in the 14th line, to strike out the words “SecyInterior” and insert " ComrGLO;” so that the clause will read: 3 of whichsections may be selectedof lands containing iron ore and coal and the remaining sec itniogns oftimber landsnear thesaids elections contain oreand coal, which selections shall bemadeunder regulations from and subject to the approval of the ComrGLO. That is the only amendment I propose to that section. The amendment reconciles it to the practice of the Land office.
Mr. WADE. I do not think there is any objection to that amendment; but the Senfrom Indiana [Mr. HENDRICKS has had great experience on this subject, an I should rely more on his judgment than on my own, in regard to this amendment.
Mr. HENDRICKS. My only objection is to the latter part of the amendment, inserting “CommrGLO instead of the “SecyInterior." It has been the custom to submit the question of important selections of the public and s to the SecyInterior. ilroad lauds, swamp lands, and other selections are submit ted to his judgment as the head of the Dept. Of course. before they go to him they pass the supervision of the GLO, and the bill as it now stands secures the examination both of the Commissioner and of the Secretary. I do not see any propriety in cutting off teSecretarys revision of the judgment of the Commissioner, as ise ustomary on all such questions. I do not object to the 1st art of the amendment, and therefore shall ask or a separate vote on it.
The PRESIDENT protempore. The question will be taken on each amendment proposed separately. The question now is on the amendment of the Senfrom Calfornia, to insert in the 13th line of the 1st section of the amendment reported by the committee, after the word “ be, the words “ made under regulations from and ” Ilie amendment to the amendment was agreed to.
The PRESIDENT protempera. The question now is on the amendment of the Senfrom California, to strike out in the 14thline of the amendment of the committee the words “ SecyInterior, ” and to insert “CommrGLO."
Mr. CONNESS. If there be any objection to that amendment I have no objection to its withdrawal.
Mr. WADE. I hope the Senator will with draw it.
The PRESIDENT protemera. That amendment is withdiaiiii.,
Mr. CONNESS. I propose to insert at the end of the 2nd section of the amendment of the committee the words “for the period of 30 days; " so that it will read: Snc. 2. Abife:, That the said compuny may acquire immediate possessionthereof on the selectionof thesaid lands by permanently marking their boundaries and publishing a description thereof in aytwo newspapers of generalsimulation in the said erritory for the period of 30 days.
Mr. WADE. There is no objection to that. The amendment to the amendment was agreed to.
Mr. CONNESS. I now propose to amend the 4th section of the amendment of the committee by strikin out all after the word “coal, ” at the end of the 2nd line, in the following words:. Or to any lands hold by right of possession, or by any other title, exceptIndian title, valid at the time of the selectionof the said lands and to insert in lieu thereof: Nor to any lands lying within any grant for railroad purposesheretoforemnde.nor to anylands held by possessionfor mining or agricultural purpose s, nor. should mines of the precious metals bo area r discovered upon said lands, shall any citizen of the U.S. be prevented from entering thereon and mining for the same. nor from using free of cmhianringge, so much timber as shall be necessaryfor such DUPPOBEE So that the section will read; Szc. 4. Abife: That the said not ents shall conVe no title to any mineral lands except iron and con. nor to any landslying within any grant for railroad purposesheretoforemade.the.
Mr. WADE. On reflection I am disposed to think that that is an unnecessary precaution. It will certainly throw a cloud over the title that this company will not acquire by purchase from the Government. O course they will have no right to an gold that may be discovered on the land y anybody, for under this bill they have no right to take gold and silver or anything but iron and coal. But ifpersons are to be permitted to go searching upon that land and they should find gold somewhere upon it, and are then to be permitted to cut the timber belonging to this company, it would render the whole grant very uncertain. I think when we expressly reserve in the bill all mines except those of iron and coal, sufficient caution has been had. I think it is anticipatin what will not probably take place, and it wiii throw, as I said before, a cloud over the title that this company will acquire; because, after they have purchased and taken possesswn of the land, it will reserve not ony the mines upon that land, but will reserve the privilege to strangers of going on there and using tfie timber on the land of this company to work the mines that may be discovered. I think there is no necessity for that and here I desire to say that this bill has been submitted to the most critical and searching examination of the ComPubLands, and especially of the gentleman on that committee most competent to make this exam nation, who himself, perhaps, is as much a master of this whole subject as any gentleman in the Union. I think we have submitted to about amendments enough. I am afraid this amendment will involve the title, or cloud it so that it may, perhaps, defeat the grant. I think the bill is sufficiently clear without this "amendment.
Mr. JOHNSON. I suppose the objection of the honorable member from Ohio is to the latter part of the amendment, not to the 1st part.
Mr. CONNESS. Will the Senator permit me to explain the amendment?
Mr. CONNESS. The question involved here is whether you will nt 20 miles of land in a mining region which may contain the most valuable mines of gold and silver, or whether you will not. Iknow there is an excetion made in the bill of non-conveyance of and s containing these precious metals; but it is impossible, as this company are authorized to go into the forests, into a new country, to determine before theyobtain the title to the lands, whether valuable mines of the precious metals are contained in these lands or not. They will therefore get the title and the patent of the U.S. to the lands before those discov eries can be made. Suppose that by the bill, although the patents issue, such lands are reserved as shal be found to contain valuable mines; I apprehend that without a provision, as a condition of the title, allowin persons to enter those lands, no person woulId have the right to go on them, and the mines would be practically reserved to and subject to the will of Elbe company to whom we give title to the an. The next point is as to the use of such timber as shall be necessary to work those mines. In the 1st place, you will remember that all the timber on these 20 miles of land goes with the land to these parties. It is said they want the timber in order to work the iron. So they do; but they are not prevented by my amendment from having all the timber that they will require. But it the lands be valuable for the purpose for which we are about to make this grant, as to give this company the right to make this selection and purchase, certainly the lands are also valuable if they shall be found to contain valuable mines of the precious met als to the public; but they will he valueless unless they are permitted to be worked, and the cannot be worked without timber.
The PRESIDENT protem ore. The morning hour having expired, it becomes the duty of the Chair to call u the special order.
Mr. WADE. I hope that the special order will be passed over informally, so that we may be omitted to take a vote on this bill.
Mr. CONNESS. I shall only occupy a few moments in explaining this amendment.
The PRESIDENT protempera. By common consent, the special order may be laid aside if there be no objection.
Mr. HENDRICKS. Let it be laid aside informally, so that it shall be the business in order as soon as this bill is disposed of.
The PRESIDENT protemporc. No objection being made, that will be considered as the understanding of the Senate. The Chair hears no objection.
Mr. CONNESS. If you shall subject all the timber upon this 20 miles of land to the will of the parties to whom on now convey the land, you practically subject the val uable mines that may be discovered there also to their use; for they may put such aprice upon the timber as will made it utterly impracticable for anybody but themselves to work the mines, and it may be totally imprac ticable to obtain timber from the contiguous territory; for 20 miles of timber may embrace all that there may be within a very large district; and thus we come back to the original proposition. If the purpose is to make the grant complete, then have nothing to say, because the Senate will understan when they vote that they vote upon that proposition. If the purpose is really to reserve the mines, remembering at the same time that the owners of this land and this iron working coni pany will have a right to become miners them selves, they may enter and discover the mines, and they may retain possession of those mines, and the condition that is imposed here may inure to them, so that there is no conflict if that should occur; but if other citizens are to be permitted to enter, to explore and ascertain whether valuable mines exist there or not, I submit that the right t9 use as much timber as is necessary to carry on their purpose is an absolute necessity to their occupancy. I submit that to any Senator who is acquainted with that section of the country an its business.
Mr. WADE. I shall occupy but a moment of time. I might aplyto this case the old maxim, “If the sky should fall we may catch larks.” Now, sir, this proposition is as broad as it is long. The gentleman thinks that by probability a gold mine maybe discovered there valuable to work, and if it is, he wants the timber thatgthese 1parties purchase subjected to the purpose O working those mines. it may be perhaps as possible in the future that such a mine will be discovered, and that they will want all our timber and thus destroy our iron works, as it will be that we shall de srive the gold miner of the opportunity of ise overing a mine and prevent him from using the timber to work it. The cases are altogether too remote. They ese aped the searching investigation of that most compe tent committee that reported this bill, and I hardly think they would wish to attach to it a provision to anticipate against a contingency so remote and so unlikely to occur. On the one hand it is as likely to affect us who ask this grant and propose to pay for it, as it is that the discovery will be made by some body else, and that they will want the use of our timber. I think it is too remote alto gether, and it is subjecting the grant to such contingencies as will render it less valuable and less secure, and make men hesitate to embark in it, for it must be remembered that in order to go on with this great work of manufacturing iron in this distant Territory a great capital must be laid out there in the start. It will require a very large capital to start the work, and on italists are very atto be frightened out 0ft eir propriety if t cy see such unusual conditions attached to the grant. They do not like to run the hazard. That is the principal objection that l have to it. The danger is certainly so remote that the gentleman cannot suppose that it is necessary to anticipate and provrde against a contingency 80 unlikely to occur.
Mr. KIRKWOOD. should like to make a suggestion to the Senfrom California. I no erstand very well the propriety of the res ervation in regard to the lands falling within the line of the Pacific railroad. They need the timber for ties; but in this case this land, except where iron ore itself exists, is needed for tllio purpose of producing coal to work the ore. I onderstand from the"Senfrom California. that the necessity for timber in mines is for no other purpose than that of cropping I do not know the technical name. Mr. CONNESS. Timbering their tunnels and shafts.
Mr. KIRKWOOD. For timbering theirtun nels and shafts. I apprehend the amendment would not be objectionable if it were confined to that; but under this amendment extensive steam works and all that kind of thing may be set up there and the timber taken off this land to run those steam works.
Mr. HENDRICKS. If the Senfrom Iowa will yield to me for one moment, I desire to suggest to the Senfrom California that I cannot conceive that his amendment is necessary for the purposes that he desires. The bill already declares that no mineral lands other than coal or iron shall be granted; and it provides that the title which shall be issued shall not convey any lands containing the precious metals. Now, the company by the patent get no title to any land except of the character intended to be granted. They cannot take more than that. They do not become the own ers, by virtue of the patent, of any lands except of the classes described. The effect of the amendment proposed is to give the right to take timber on land that is not of the character described. If you adopt. this amendment, it makes the title uncertain as far as they have a right to acquire. Therefore, I think, if we intend to pass this bill, we had better stand by the language of the committee.
Mr. CONNESS. I find a good deal of objection to this amendment. As I said before, my purpose is not to oppose one tittle ofinter ference or impediment against this bill. I am quite aware of the practical necessity of the suggestion that I have made. At the same time, having placed my views on the subject before the Senate, I am perfectly willing to withdraw the amendment. It is, as I stated before, a matter of no consequence to me.
The PRESIDENT protemporc. The amendment is withdrawn.
Mr. WILLIAMS. Mr. President, I desire to make one or 2 suggestions as to this bill with a view of eliciting some information. My attention has not been called to it until this morning. I find that section 2 of the bill provides that this company may acquire immediate possession of this lan by marking the bean aries “and publishing a ese rition thereof in any 2 newspapers of genera cir culation in the said Territory.” Now, if I understand the meanin of that section and of the other provisions of the bill, it is that this company can proceed at once, as soon as they mark their boundaries and publish their dase rition of these lands, to take possession of the Iands and hold them for 2 years without taking any other step, and during that time they may thake any use of these lands they see proper. They may cut off and convert the timber to any use, an in every way appropriate the lands contrary to the intendment of this bill.
Mr. KIRKWOOD. Will the Senator read the last section of the substitute?
Mr. WILLIAMS. I do not know that that changes particularly the effect of the 2nd section. I desire further to inquire I think it is desirable to know who constitute this NewYork and Montana lron Mining and Manufacturing Company. Is this one of the moonshine organizations that are so numerous at the present day, or is it composed of solid, substantial men? Do they mean business by securing this grant? I do not know but that the policy of the bill may be perfectly correct; but before I vote to grant. to any company consisting of persons unknown to Congress 20 sections of land, I desire to have more information on the subject than I have at this time, because by this grant we not only transfer this land, which may be very valuable, but it also becomes a precedent, as it occurs to my mind, which we may be hereafter called upon to follow, and in that respect it assumes an importance. I do not know that after I am further advised upon the subject I shall oppose this bill, but I should like to have more information than I now have about the matter.
Mr. GRIMES. I wish I could look at this matter
Mr. HENDRICKS. I ask the Senfrom Iowa to yield that I may call up the other bill. I suppose the Senfrom Ohio will not now object. It appears that this is leading to e a The PRESldentpro tempore.The special order was laid aside only informally by unan imous consent. It is now before the Senate. CONTRACTORS FOR VESSELS and MACHINERY. The Senate resumed the consideration of the bill (S.No.220) fbr the relief of certain contractors for the construction of vessels of war and steam machinery, the pending question being on the motion of
Mr. Hannsnson to postpone the further consideration of the bill until the 1st Monday in December next.
Mr. SHERMAN. I desire to give notice that if I can get the consent of a majority of the Senate on Monday, whatever else may interpose, I shall seek to press the passage of the postoffice appropriation hill, and on the next day the Army appropriation bill. The accu mulation of business from the ComFinance is becoming so great that we feel it our duty to prcss those appropriation bills on Monday an Tuesday next; and I ive this notice now, so that Senators may made their arrangements accordingly, thatI shall expect the postoffice and the Army appropriation bills to bedisposed of on Monday and Tuesday.
Mr. CLARK. I gave this matter some examination when it was before the Senate at an earlier day. I have given it some examination since; I have given its. more thorough examination since that time than I gave it before; and all the examination and all the attention that l have been able to bestow upon it assure me that the bill ought not to pass. If the Senfrom Indiana and those other gentlemen of the Senate who have this bill in charge had turned their attention to examininv the cases individually, and would show us which ought to be provided for, and which ought not, could agree to vote for those that ought to pass and cheerfull vote for them; but when they hrin here 42 cases and do not pretend that all ought to pass, but that some predgood and some bad and thus make the grip] carry the bad, I cannot quite agree to the who 0.
Mr. HENDRICKS. The Senator does not Quite place the committee right. The committee who make this report think that each case ought to be relieved.) That was the opinion of the committee, but. the equities of some were not quite so strong as others.
Mr. CLARK. Then [will understand the Senator as representing the committee and the committee as beingothe opinion which he now states, that they all ought in equity to be relieved. Will the Senator allow me to ask him if he is of that same opinion still, that they all ought to be relieved?
Mr. CLARK. Can the Senfrom Nevada tell me what was the contract price for the machinery of the Paul Jones?
Mr. CLARK. Perhaps Ican inform the senator. I do not know precisely, but my information is and my information comes from the chairman of the ComNavAffrs that it was $52,000 or not to exceed $55,000. I understand that to be correct.
Mr. HENDRICKS. Iask the Senator when the Paul Joness machinery was built.
Mr. CLARK. I cannot state precisely when it was built. 1
Mr. GRIMES. The Paul Jones was built some time before the contract was made for these other vessels. The engines of these other vessels. for which $82,000 was contracted to be paid, were considerably heavier than that of the Paul Jones.
Mr. CLARK. That was precisely the oint to which I desired to bring attention. hese men complain that they supposed the engines they were to build were to or about the weight of the engine of the Paul Jones and that they cost more because they were heavier. Now, the factis that the machinery of the Paul Jones cost $52000, or not exceeding $55,000, and the Government gave from $75,000 to $80,000, $90,000, and over $100,000 for these engines for the reason that they were heavier.
Mr. CLARK. 82000 dollars for some, and some higher than that, I think.
Mr. GRIMES. 82000 dollars for those that were made on the model of the Paul Jones.
Mr. NYE. Let me ask the Senator lrom NewHampshire one question whether it was not a fact that the envines and the bulls were separate contracts. The engines constituted one contract and the halls another.
Mr. NYE. Then the man who built the hull was not to blame.
Mr. HENDRICKS. I will state to the Senator that it is very evident that that is a mistake in the printing of the report.
Mr. HENDRICKS. There is a mistake in printing.
Mr. HENDRICKS. The all cost the same price. 82000 dollars was the contract rice.
Mr. CLARK. They do not undertake to say what was the contract price, but what was the cost of building the engines. I am speak of the cost to the bailer.
Mr. HENDRICKS. It oughtto be $82,000. That was the contract price; and then the cost beyond that was what it cost the contractor above the contract rice.
Mr. CLARK. I the Senator will give his attention to the report he will see that there is no mistake here “that the total cost of machinery for both vessels was $205,027 46.” That is what it cost the builders, as they say “that the contract price of both vessels paid by the Government was $164,000.”
Mr. HENDRICKS. I was not observing the report there. The mistake that I allude to is in another case, where the cost is printed as being $60,000, when it should evidently be $150,000. This is correctly printed.
Mr. CLARK. I thought there were some mistakes in the report, but I am not mistaken here. This is correct. The hull cost $25,000, and the machinery $102, 500.
Mr. HENDRICKS. I understand this now. My attention was not given to what the Seno tor was saying at the time. I thought he said that the cost of the machinery was $50,000.
Mr. HENDRICKS. It is stated that the cost of the bulls was $50,000.
Mr. HENDRICKS. But evidently thatought to be $150,000. There is no doubt about that. The contract price was $150,000, and the cost $105,000. It isjust $100,000less than it ought to be. It is a mistake in printin there.
Mr. CBARK. I do not kno. but that that is so.
Mr. HENDRICKS. Unquestiouably so. It belongs to a class.
Mr. CLARK. I will ask the Senfrom Indiana. These gentlemen have undoubtedly considered this case. I want them to tell me where in the report of this commission I can find the report as to the building of the hull of the Mendota. I state to them that I have been unable to find it; that is as it is put down here. I want to know from them if they have found it, and if they have examined it. wait, Mr. President, for those Senators to show me, if they can. where the Mendota is found here.
Mr. HENDRICKS. Do you want an answer right now I
Mr. CLARK. Has the Senator seen it and examined it? If you know where it is
Mr. HENDRICKS. Yes, sir, and I will find it presentl.
Mr. CLAlt. Well. Mr. President, perhaps I can help these gentlemen a little. I on y wanted to see the care with which they have examined this report.
Mr. NYE. When we ask you to help us we will let you know. I propose to answer you.
Mr. CLARK. The Senfrom Nevada in his (piiet way says that when they find it they will let me know.
Mr. CLARK. Or in substance, that when they ask for my aid they will let me know.
Mr. NYE. Yes; that was it. You Will make your own speech, I suppose.
The PRESIDNG OFFI ER, (Mr. DOOLlllLE in the chair.) The Senfrom Ne vada will address the Chair.
Mr. CLARK. I did not know but that possibly I might have fallen into amistake. I have my own notion about this matter, but Iyvanted the aid of those honorable Senators in investigating it. I hunted this report through and I could not find the report of the Meiidota for building the hull, but I did find something which I suppose was meant for that but is riot that. If the Senators will turn their attention to the 5th
Mr. HENDRICKS. I will tell you where you will find it, sir. You will find it on page 6; it is there printed as the Mercedita; refer euce is also made to it on page 32. That is my understanding.
Mr. HENDRICKS. I have but a very few remarks to make in reply to the Senfrom NewHampsh e, and when I shall have made them, I shall have said all that I intend to so. upon this measure, so far as I am concerne. It shall then depend on the pleasure of the Senate. I shall not undertake to reply to all that the Senator has said. Much that he has said I attempted to explain on a former occasion; for instance, his comparison of the expense and cost of some of these vessels to some of the contractors, as compared with the cost to other contractors. I undertook to explain as is explained in the report) on a former occasion. that peculiar circumstances caused the machinery to cost some men more than others, and the hulls some men more than others. I thought I had explained that sufficiently heretofore in answer to another gentleman. Now, sir, I will call attention to a few of the cases to which the Senator has alluded; for instance, the Lenapee on page 13. Leaving the Senators argument alone, it would produce the impression upon the Senate thatthis board had allowed a very improper claim. The contractors for the Lenapee undertook to build that vessel for $75,000. They claim that she cost $152,000, making a claim of $77,000 of cost over and above the contract price; while other contractors for vessels contracted for at the same time, and just like the Lenapee, only claim from $14,000 to $18,000.
Mr. CLARK. Some of them but a little over 4000 dollars.
Mr. HENDRICKS. I explained those; those were peculiar cases; but the average was about from $14,000 to $18,000. If the board had allowed to the contractors of the Lenapee $77,000, and to others only from $14,000 to $18,000, the Senate, of course, would be astonished at such a result; but the case of the Lenapee was heard; all the evidence on the subject considered; and nhe board did not allow the claim of $77,000.
Mr. CLARK. I stated that the board allowed about $2,000 above what they allowed in any other case.
Mr. CLARK. What page is the Senator readin from?
Mr. CLARK. If the Senator turns to page 32 of the report he will find it.
Mr. HEN RICKS. That is the contract for the machinery.
Mr. CLARK. of the page:. “Appeared before the board F. Z. Tucker, contractor for the double ender gunboatMendota. with explanations and correctionsof the bills ot cyst of said gunboatr, enderedon the 10th 855, Ju] ne. l. If the Senator will refer back to that date, he will see that Tucker, who was the contractor rendered evidence in regard to the Mercedita, on age 5, so that that makes it very certain t at. that must have been the same vessel. On page 13, in regard to the Lenapee, I understood the Senator to say that the extra work was included in the award of $18, 576 52.
Mr. HENDRICKS. So Understand. hMg. CLARK. Where is the evidence of that
Mr. HENDRICKS. I will give it directly. That is my impression.
Mr. CLARK. The Senator will see, by turning to page 13, that the contract price was $75, 500, and that the contractor has received a requisition on his claim for extra work of $5, 923 48, which he has never presented to the Navy agent for payment. He has got a requisition for that amount, and this other amount is all for work on the Lenapee, without extra work, as I understand.
Mr. HENDRICKS. My impression was when I examined the case originally I have not examined it today that t at. $6,000 was included in the award; but I may be mistaken about that. If I am mistaken, it is $18,000; if I am correct it is $12,000 on the cost of the vessel. From reading the report, I thought it was as I stated. In the case of the Mendota, on page 5, there is a statement rendered by the contractor; and on page 31, Naval Constructor Pook was called as a witness, and testified that some of the items charged by the contractor were not correct and ought not to be allowed
Mr. CLARK. Only as to extra work, as I understand.
Mr. HENDRICKS. On the next page an explanation is made by the contractor, so as to make that right.
Mr. CLARK. It did not atfect the amount of the bills at all.
Mr. HENDRICKS. No, sir; it does not affect. the amount of the bills; but here is the explanation, and I will read just what the contractor said: “Appeared before the board F. Z. Tucker, contractor for the double coder gunboat.Mandate, with seaxipdlagnuantiboonast, and corrections of the hills of cost of rendered on the IJLll of June, 1805. which correctionsdo not affectthe total amount of hills previously submitted." That is all there is upon that subject. I understood the Senator to say that when the contracts for these 22 engines and boilers were made the weight of the machinery was ascertained and known to the parties. If he stated that he was mistaken.
Mr. HENDRICKS. I understandhim now to say that he did not so state.
Mr. CLARK. Idid not state the weight. I said I supposed, when the contract was reduced to writing, they understood what they were contractin for.
Mr. CLARK. I desire to ask the Senator whether, supposing more time was necessary, the man who ot out his work in 6 months was not more cserving than the man who got it out in 12 months.
Mr. CLARK. Then what is the propriety of utting them all at 12%.? Mr. HENDRICKS. Mr. President, there is not any very great difference in the time that was occupied in the completion of this machinery.
Mr. HENDRICKS. No, I think not. There was one case where the machinery was furnished for one vessel as early as September, 1863. I noticed that as I was reading over the report; and in some cases the machinery was not. finished until the spring of 1804.
Mr. HENDRICKS. Yes, sir; butI recollect of but one case in which the machinery was finished as early as September, 1863. That same house got out another engine and boiler in November, 1803; but most of this machin cry was finished during the winter of 1863 64. Now, I repeat to the Senate, that althoiwh there is much force in the argument of the Senator, when it is considered that the Dept and the contractors made a mutual mistake in regard to the time necessary for the completion of this machinery; when the Sea ator cannot say that these men by the exercise of the greatest diligence could have comdetail it within the sevan months; when that onger time necessaril added very much to the cost of the work; when it is considered that they were deceived I will not say deceived; it was, not intentional on the part of the Dept, unquestionably but misled in regard to the weight of the engines, and they weighed greatly more than was anticipated when the made their bids; when ita pears that with diligence they did prosecute the work, because there is no complaint on the part of the Government that they did not, and in some cases Congress relieved them and in some cases the Dept relieved them in regard to the time; when it is shown that the Dept thought they were finished as soon as was possible in one case when all this is considered, and these men have done good work at as early a y as possible, will not Congress relieve them from the great loss which resulted from these mistakes mutual between the contractors and the Dept? It seems to me, notwithstanding the critical argument made by the Senfrom NewHampshire, that there ought to be relief. Mr. President, I now submit. the case so far as I am concerned, to the sense of justice of the Senate.
Mr. CLARK. I have but a word or 2 in rely, and it is not so much in reply as it is in ai of a suggestion or 2 made by the Senfrom Indiana. I think, takin the Senators statement to be entirely true it shows conclusively that this kind of legislation that we are attempting here now is not the proper, in telligent legislation that we ought to have. Now, supposing these engines to have been heavier than any of the contractors contemplated. how much heavier were they? Does the Senator know, except in one case where a person says that the one which he built was so eavy? Before we can legislate intelligently we ought to have from the Dept the weight of these on inns, if the contractors complain of that, an know how much heavier they were. Iiir. HENDRICKS. They were all of one stv e. i
Mr. CLARK. I understand that some of these people do not complain of that. Many of them O not complain that they were de ceived in the weight; some do. If we could have the weight of these engines we could then lrnow if that was a matter of equity, how much eqgity there was in the case. a in the matter of time, the Senator says that the Dept was satisfied the time was not long enough. Do we know how much time the Deptthought was long enough? Do we know how far the Dept relieved them in regard to the time? We should have the information from the Dept in all these casesbefore we can legislate intelligently. It is to this blind method of Rgislation that I so much object. It maybe true, as I stated before, that the Government will have to pay as much in the end as this 12%. would be;, but I do not like this method of legislation. I want the people who are deserving of it to have the money, and those who are not desery in of it, if there be such not to have it.
Mr. Quintard has built ten ships for this Government.
Mr. NYE. I guess you are mistaken, because he gave me the names.
Mr. NYE. Well, all the better. as I am so oftenwrong and my distinguished friend always right. I understood that he built ten ships entire, and the machinery for 3.
Mr. CLARK. That is what he may have meant by the 13. o
Mr. GRIMES. iiy amendment has been adopted.
Mr. NYE. That amendment being adopted, I hope the bill will pass. I am entirel satisfied that it will be in consonance and make this remark in view of the inquiry that the Senfrom NewHampshire made whether the tax payers would like it with the judgment of the people of this nation that they shall not take the labor of n man who has labored faith fully for them and he go unrequited. Sir, this is all that I desire to say on this question.
Mr. CLARK. The Senfrom Nevada finds fault with me that I insist upon time in this contract, and he says, why insist upon time? McClellan was so many months in Washington before reaching the Chickahominy, and so many months so and so. Let me tell the Senfrom Nevada that his allusion to that general and to time in that connection was an unfortunate one. I did not have him in my mind, if the Senator so supposed. If McClellan had come to time, as these contractors ought to have come to time, we should have saved 100s of 1,000s of lives. If at the battle of Fair Oaks he had come to time, he might have gone into the city of Richmond. If at the battle of Malvern Hill he had come to time, he might again have gone into the city of Richmond. Again, if after the battle of Antietam he had come to time, he might have destroyed Lee and his army and now, says the Senator, forsooth, what is the value of time? Why, sir, if Meade had come to time after the battle of Gettys bur we should have saved 100s and 1,000s of lives; and who shall sa that if we had had these ships, we should not have shortened the war and saved lives? The allusion was an unfortunate one from the Senfrom Nevada for his argument, in my judgment. Sir, I am playing no Shylock with these contractors, and the Senator should know it.
Mr. NYE. I have not said so. I asked if the Government was prepared to play Shylock. I did not say the Senator was, y any means.
Mr. CLARK. The Government is playing no Shylock.
Mr. NYE. That is what I claimed, that it should not.
Mr. CLARK. It deals generously with these. people when it extends the time and takes the vessels off their hands, when they have finished them, and ays them the full contract price for them. It oes not say to these people, “ You have delayed the performance of this work for months; 6, 8, 9, ten, or 11 months, and therefore we will not payyou;” but it takes the vessels nearly at the end of the war, some times within 11 months of the end of the war, when they are comparatively useless, or not half the value they would have been if they had been in time and ays them the full price; and yet the Senfrom Nevada says “time, time.” Sir, as we grow old we learn the value of time. The Senator knows the value of time; and he knows it is sometimes true, as Napoleon said, that a moment lost is the chance of future wretchedness; and especially so in war. This Government was in war; such a war as the world had not seen. It was straining every nerve, purchasing merchantmen for transport ships and for naval purposes, arming them, and doing everything it could to create a navy, contracting with these peopleto deliver ships within a given time, and they failing for nearly a year, this Government has not played Shylock; but after the war is over these gentlemen come and beseech the government to be generous. Yes, let the Government be generous, but let it be intelligent in its generosity and reward those most who servedit best. Mr. President, I have said that I do thke this method of legislation. I know very well, and the Senfrom Nevada must know very well, that when these men are put into a hi I together I do not sa that he or the committee put them into a bil together but he knows very well that these men came here together for the very purpose by collective influence of pushingla till]? of this kind througH.
Mr. NYE. Very well; you may, but do not.
Mr. NYE. Here a the evidence of it. I read from page 21: " That the excessof cost. over and abovethe contract price, wasdue to the greater Weight of engine than the contractorswere led to expect them to be, Mr. Isherwood. chief of the Bureau of Steam engineering, hnving assuredthem that they would not exceedthoseof the PanlJones class, ( 374,000 pounds.)
Mr. Henry V. Gardner, of the firm of Gardner 6t Lake, contractors for the engine and boilers of the double end vessel Pawtuxet. "Whereas the weight of one built by them was 630,000 pounds: that the total cost, including cost of collection of bill and Interest." &o. There is the evidence.
Mr. CLARK. Will the Senator turn me to the rest?
Mr. NYE. Yes, sir. I willturn you to the testimony of Mr. William Boardman, on page 44, which you did not read, but which was read by the Senfrom Indiana: "That the excessof cost was owing to the great rise in labor and material and difficulty in procuring the same. There are many rezmons why the engines cost more than the amount of contract: 1st, when the engines were contracted for. drawings and specifications werenot furnished us and we were totally ignorant as to the wright of said engines. boilers, c. From the bestinformation and belief. we were led to suppose the machinery would weigh 380 or 390,000 pounds, and haveto anythat theraw mate rial wasworth about the amount of the contract. for the reason of the great excessof weight of metal over and above our estimate." and you will find it in 2 or 3 other places in the report.
Mr. CLARK. But that does not state the weight of the engines. li
Mr. NYE. It states the weight of one engine, and the engines of the double enders are all alike.
Mr. CLARK. Only one man, so far as I, know, states the weight of the engines.
Mr. CLARK. They state generally that they weighed more.
Mr. NYE. Will the gentleman allow me to make a suggestion?
Mr. NYE. The fact appearedelcarlybefore our committee that the weight of the engines of the donhle enders was about the same. I will ask the Senfrom Indiana if he did not so understand it?
Mr. HENDRICKS. Yes, sir. I under stood when the specifications and drawings came to be examined they corresponded.
Mr. HENDRICKS. There was no differ once.
Mr. Isherwood and to the Navy Dept to state that they say that to each one of these contractors to whom the $82,000 was paid the specifications were delivered when the contract was made. The drawings were not delivered, but the specifications were placed in their hands.
Mr. HENDRIC S. That was when the contract was signed, not when the work was commenced.
Mr. CLARK. The point to which I wish to call the attention of the Senfrom Nevada is, that only one person undertook to state the weight of these engines before the board. The board was not established for any such purpose. The board was simply established to ascertain and to report what was the cost of the work.
Mr. NYE. Will the Senator allow me to ask him a question?
Mr. NYE. How could they ascertain what this work cost unless they ascertained the weight of the engines and machinery?
Mr. CLARK. In various ways. I do not know how specific the bills may have been. I do not know whether these gentlemen put in the weight of the raw material; whether they put in the weight of the engines or whether they fixed their bills in some othershape, upon the days work or in some other way. hat does not appear here, and that is the very point. They could at bills of cost in different shapes, and, I dare say, did put them in different shapes. I dare say the material cost differently to differentindividuals. Some, perhaps, would pay more and some less. his commission was appointed for the purpose of ascertaining the cost over and above t6con tract price and allowance for extra work, and report the same to the Senate. That was their work. to ascertain the cost, not to ascertain the equities on the other side; not to say what was required by the cuntractand what was furnished by the contractors, but simply to ascertain the cost and report that. I desire a very different thing. I desire that the equities on the other side should be stated in regard to the cost and that we should have the whole matter intelli gently before the Senate.
Mr. MCDO UGALL. I do not rise to discuss this question, but only to make an observation in reply to the Senator soldier from NewHampshire. He has talked about the battle of Fair Oaks and said something about Mal vern Hill, and he has spoken about a general who is absent. The maxim “de mortuis nil msi bonum” applies to the absent as well as to the dead.
Mr. MCDOUGALL. He will live beyond your period. General George B. McClellan was an excellebt soldier and a true patriot. If General McDowell had been allowed to make his movement as he was directed, according to General McClellans advice, down to Yorktown to support him, he would have been in Richmont very shortly. Cowardly men withheld his forces for the defenses of Washingto., and therefore General McClellan had not the material with which to advance. I am no especial admirer of General George B. McClellan; but I spe k this for justice. After having captured orktown, with a worse siege than the 1st time when Yorktown was taken, the history of which is indicted in the Rotunda, he advanced and lacked simply the support that he required in his own programme as a military man according to the strategy that he had stated. Perhaps the Senator soldier from NewHampshire has learned the retreat of the 10,000 and Moreen out of the Black Forest; perhaps he went with Hannibal and Napoleon across the Alps; perhaps he has fought on many fields; perhaps he is able to lay down with Machia velli the science and art of war. I say those remarks about General George B. McClellan are unwarranted, for he was a gallant man and a patriotic man. It is still a question pending whether he was a great general or not. [Laughter]
The PRESIDING OFFICER, (Mr. DOOLITTLE in the chair.) The question is on the motion of the Senfrom Missouri, [Mr. Hsxouasos] that this bill be postponed until the 1st Monday of December next; and upon that question the yeas and nuys have been I ordered. The nestion being taken by yeas&nays, resulte yeas 11, nays 24; ABSENT 14. So the motion was not agreed to.
The PRESIDING OFFICER. The question now is on concurring, in the Senate, with the amendments made in ComWhole.
Mr. HENDERSON. I now move to recommit the bill and the amendments to the ComNavAffrs.
The PRESIDING OFFICER, (Mr. Doo urns 1.) The ending motion is to recommit the bill to the ComNavAffrs.
Mr. WILLEY. I suppose the question could be as well tested on the recommitment, to which I am opposed, by moving to amend that motion so that the bill maybe referred to tllie ComClaims, which motion I may e.
The PRESIDING OFFICER. The Senfrom WestVirginia moves to amend the motion to recommit by referring the bill to the ComClaims.
Mr. CLARK. I think we had better perhaps try the motiqn to recommit to the committee from which the bill came. I think there is no doubt the Senate have confidence in that committee. I am sorry the Senfrom WestVirginia should have understood that I intended to accuse the sub committee of making up this bill in this way for the purpose of carrying one claim by means of another. What I meant to say was that these people who went before the board had done it for the purpose of carrying one with the other. I did not make any charge upon the committee. I do not feel quite willing, so far as I am individually concerned, after having eXpressed myself so freely in regard some of the claims, that the bill should go of the ComClaims, and solely for the reason that I feel that some of these people coming here with claims might not feel that confidence they ought to feel in a committee examining the matter. They might feel that I was prejudiced against their claims.
Mr. WILLIAMS. I hope this amendment which has been proposed by the Senfrom Iowa [Mr. GRIMES] will be adopted and an end at to this controversy. Everybody knows that in a case of this kind we cannot ascertain the facts with mathematical accuracy; and all we can do is to approximate to justice. This subject has been examined by a board constituted for that purpose; it has been reexamined by tlw Nava Commit tee; it has been elaborately discussed here before the Senate; and now say it will be more economical for the Government, if there be any persons in this number presenting claims not just in law or equity, to pay them the 12%. rather than to protract this litigation and controversy; and it will be better for the men entitled tomore than 12%. to have the 12%. at this time than to be compelled to wait year after year and finally et in the end perhaps a larger sum. I am in 5r, so far as Iain individually concerned, of settling the question at this time. Now, sir, if the proposition that has been suggested should prevail, and each one of these claims should be brought before the Senate and before Congress by itself, and discussed as extensively, as no doubt it would be, as the claims have been ii on this occasion, very much of the time of congress will be occupied with this subject, and I do not believe there is any probability that we shall ascertain the facts in the case and be more likely to do justice after all that time and trouble than we are now. So far as I am concerned, I have listened to this discussion and heard what has been said on both sides; and I believe that justice will be promoted, that it will be more to the advantage of the claimants to have the question decided at l this time by the adoption of this proposition, and that the Government will save money by paying all these persons 12%. think they will be benefited and the Government will be benefited. I think the proposition ought to be adopted.
Mr. CONNESS. I need not say, as I have already spoken all I desire to say on that subject, that I differ very much from my friendfrom Oregon in the opinion he has expressed; but I rise to suggest that I think it is apparent that it will be found on a slight examination that the subject can be divided into classes when it comes before the Senate again and that although there are 42 cases they need not come before usin 42 bills; nor need even the examination he conducted except as to classes. I think that it is not so much of a work as is imagined and that if the bill be recommitted it Will be found to be more easily and readily performed, and that we shall act upon it with more promptness and, I will not reeat, with more justice. am very glad the suggestion is made to commit the subject to the Committe on Claims. I wish to say again that I have no doubt the honorable chairman of that committee will act, not onlywith justice, but with generosity toward these claimants. The case, as has been stated, has been fully discussed here, and I think it may be conceded that it is the sentiment of the Senate to act with generosity toward these claimants, and I have no doubt that it will be examined with that view and with reference to that sentiment and o inion; and I hope that that course will be ta en.
Mr. DAVIS. I would suggest to the Senfrom Missourithat he add to his motion an instruction to the committee to report separately upon each case. I presume that each case has its distinctive facts and features, and I confess it struck me as somewhat improper to group in a single bill as many cases of different claims, each claim sustained by a differ ciit state of fact, as are embodied in this bill. Another thought has occurred to me in relation to this matter. Some of these claimants may have had other contracts with the government and upon those other contracts they may have made large profits, 2 or 3 times the amount of their losses on the contracts embodied in this bill. When a man contracts with the Government, as a general rule he must risk his contract and he must make or lose by it according to his judgment and according to his vigilance and energy in the execution of his contract; and when he has made profitable contracts with the Government, and consequentl has received large profits, is it just to the government, is there any claim of justice in his favor that he shall retain all the large profits which he has made upon other contracts and shall be indemnified in a contract on which he has made a loss? I think not. It seems to me that the committee ought to be instructed to report a separate bill in relation to each case, and that Senators might have an opportunity of withholdingany remuneration in favor of parties who have made large profits upon other contracts. I therefore suggest to the Senfrom Missourithat be adto his motion that the committee, to whatever committee it may be referred, be required to report a separate bill in relation to each claimant whom they deem entitled to relief.
Mr. HENDERSON. I decline to accept that amendment to my motion. I prefer that the bill shall go back to the same committee from which it came, since the discussion of the question. I do not desire that it shall be sent to the ComClaims. I have entire confidence in the Naval Committee, and after the facts that have been developed here in the discussion I think the Committee will do what is right. I have no doubt about that. If they report back the amendment of the chairman of the Naval Committee I cannot say thatI shall vote against it; but I would rather they Would reexamine it. I, think the Senate would be better satisfied if there was a reexamination. I do not ask that the committee report so a ratebills; I do not want them to do so; they may class the cases. A
Mr. GRIMES. I think therevwould not be an absolute necessity for a separate bill in each case. I think the cases could be classified. For instance, the cases of the hulls could be put by themselves. There are some cases that spring out of the manufacture of wooden hulls ofvessels entirely; others were different classes of vessels, and different classes of engines. 4 or 5 or 6 bills might cover all the cases.
Mr. HENDERSON. I think the country will be better satisfied and the Senate will be better satisfied to have this measure go back for reexamination; and if the committee shall, upon that reexamination, decide that we ought to pay these claims, I am sure that I do not understand the subject sufficiently to put myself against the allowance; butI think facts enough have been developed to satisfy me anyhow that there are some claims here that ought not to be allowed. I suggest further, that the way the bill now stands the Senfrom Massachusetts [ML SUMNER] has secured the adoption of an amendment to pay 2 other claimants. I do not know whether their claims have ever been examined by the committee or not. I do not an ose they have. 1
Mr. SUMNER. They are only to be paid what they shall prove. before the Dept.
Mr. HENDERSON. Iam not satisfied with that sort of legislation. They never were before the board, as I understand. I did not understand that the Senators amendment provided that those cases should be examine by the Dept.
Mr. NYE. The amendment is that they shall stand on the samefooting with the others, the same%age being allowed as in the other casesI
Mr. HENDERSON. Now, let me suggest that if the amendment of the Senfrom Iowa, the able chairman of the Naval Committee, should be adopted, that pays 12%. on the entire amount of the contract rice. The amendment of the Senfrom assa chnsetts is to be included, of course, bringing in 2 contracts that have never been examined, and very large contracts, asIunderstand; those contractors will be paid 12%., too, though the ommittee has never examined those cases a all. The committee has not reported that they are entitled to anything; the board has not examined those claims; and all I have to satisfy me that they are entitled to anythingis the proposition of the Senfrom Massachusetts. that upon a great many rad ical measures would be amply satisfactory to me; but I do not know that I can vote 12%. upon 2 large contracts merely because these gentlemen are thought by the Senfrom ll assachusetts to be as meritorious as those reported upon. Now, I do not think we are legislating properly. Senators may think that I am putting myself in the way of doing justice to meritorious characters when I know nothing about the subject. That may be true. altogether likely that if the committee will reexamine this question and report back to the Senate that I am mistaken, and that I am interferin in a thing about which I know nothing, shall be crfectly satisfied. I do not know that I shal put myself in the way here again. I differ with the Senfrom Oregon. He says the alien est way to do this thing is to vote the bill an get rid of it. It has suggested itself to my mind that tomor row morning I will bring a suit against my friendfrom Oregon. He says that when a claim is prosecuted against a defendant the best way is to pay it. I will only make in claim against my friend verylargc, and he will pay me 12%. to get rid of me I so pose, as the cheapest way to settle the and [Laughter.]
Mr. W“. LAMS. No doubt I should make money by it.
Mr. HENDERSON [Laughter] I will say no more. I think it is. I hope we shall vote on tlfis proposition and refer it back to the Naval Committeg
The PRESIDING OFFICER. The Senfrom Missourimoves to recommit this bill to the ComNavAffrs, to which the Senfrom WestVirginia moves an amendment to commit it to the ComClaims. The amendment Was not agreed to.question now is on the motion of the Senfrom Missourito recommit the bill to the ComNavAffrs.
Mr. CONNESS called for the yeas&nays, and they were ordered; and being taken, resulted yeas 18, nays 23; ABSENT 13. So the motion was not agreed to.
Mr. HENDERSON. I have but one more motion to make in regard to this bill, and then, ifthe Senate desire, they can pass it. I move that the pending bill and the amendments be committed to the ComJudiciary with instructions to report a bill by which the claimants may institute their several actions in the Court of Claims and recover such amount as will reimburse their actual cost in executing the contracts. I ask for the yeas&nays. [“ No, no."] I withdraw the call. The motion was not agreed to.
Mr. KIRKWOOD. Forthepurpose ofascertaining what is the precise judgment of the Selpate on this matter, I move to amend the bi
The PRESIDING OFFICER. the Senfrom Iowa will allow the Chair to state the question. The bill is in the Senate and the question is on concurring in the amendments made as in ComWhole. Shall the (question be taken on the amendments separate y?
Mr. GRIMES. I think they had better be taken so
The PRESIDING OFFICER. The 1st amendment will be read.
The Secretary read the 1st amendment adopted in ComWhole, which was to strike out the original bill after the enacting clause, and insert in lieu of it the following: That the SecyTreasury be directed to pay. out of any moneyin the treasury not otherwise appropriated, to the severalparties the awardsmade In their favor h the naval board organized under the resolution of the Senate adopted March 9, 1886, the awardsbeing made under date of December23, and reported to the SecyNavy: PmmdeI.That the payment shall not, in any case, exceed 12%. upon the contract price, except.in the rise of the Comanche, in which case the award shall be paid in full.
The PRESIDING OFFICER. The question is on the 1st amendment.
Mr. KIRKWOOD. After the vote is taken, will it be in order to move an amendment to the bill as amended“!
Mr. CLARK. I think the Chair is under a mistake. The Senator wants to amend the original bill by striking out, as Iunderstand him, some of the names in the oriinal bill.
Mr. KIRKWOOD. I want to do just this: I Want to get a test vote, if I can, in the Sea ate. I intend to move to strike out one of these appropriations.
Mr. KIRKWOOD. I take the 1st one for machinery.
Mr. KIRKWOOD. I want to see whether it is the intention to consider these matters separately or altogether. I think the evidence in regard to this one is such that it ought to be stricken out. Whether I can do that at this time, or after the amendments are passed upon, I do not know.
Mr. SHERMAN. The Senator can very easily do it by a simple proviso, providing that no portion of the money shall e aid to the contractors who built the portion or vessel. In my judgment. that is the only way to reach it.
Mr. KIRKWOOD. I am not familiar with the rules. Iwill state what I want to he done. I want to strike out the allowance of the Globe Works for the machinery for the wooden double ender Iose o, if I can get at that in some way.
Mr. MCDOUGALL. It has been ruled before that until the amendments of the ComWhole have been acted upon in the senate, it is not in order to move amendments. So it has been ruled several times. I have seen it here. Whether the ruling is right or not, I do not know; but that has been the ruling.
Mr. CLARK. I think the reposition is a very clear one. The Senfrom Iowa [Mr. GRIMBS] moves a substitute for the whole bill, and it is in order, certainly, before the substitute is voted upon, to amend the bill which is proposed to be stricken out. The Senfrom own [Mr. KIRKWOOD] proposes to amend the original bill by striking out one item from the bill, so that it will leave then, to the choice of the Senate, either to take the substitute of the Senfrom Iowa, [Mr. Gniiiss] or the amended bill.
Mr. CONNESS. But that will not reach his object.
Mr. KIRKWOOD. Will it be in order for me now to move to amend the original bill in the respect which I have indicated?
The PRESIDING OFFICER. I understand from the sag estion of Senators accus tomed to preside that it is in order to move to perfect the original bill before the vote is taken on striking it out and inserting a substitute. So the motion of the Senfrom Iowa, in that state of things, is in order.
Mr. KIRKWOOD. 1f I can succeed in amendi the original bill
Mr. GRIMES. Let me in mm of my 001 league if he does not think the sentiment of the Senate has been sufficiently tested on the subject, when they refused to commit the bill to either of the committees suggested for the purpose of separating these dilierent claims. believe the SenateZ by a vote of almost 2 to one, decided that it should not be done.
Mr. KIRKWOOD. I am not certain of that; and for the purpose of being assured of it, Imove, if it be in order, to strike out of the original bill this item on page 8: To the Globe Works, of South Boston. Massachusetts, upon the machinery for the Iose o and Massaloit, $59, 57799. I have before me the report of the board showing the reasons why this award was made. It is one of the cases to which the Senfrom NewHampshire called attention. This is the explanation given in that case: "The contracts for thesevesselsweredated by the Navy DeptAugust 15, 1862in, which they were allowed 7 months, or until March 14, 1863.to complete the machinery and deliver the vesselsto the Government, but the Massasoit was not so completed and delivered until the 9th of January, 1864. nor the Iose o until the 18th of January. 1864, the principal causeof delay being the difficulty in obtaining workmen, as the demand for the services of men in the Army and?Navy was so great and also on account of the number of vesselsbeing built by the Government, making it impossible, with the scarcity of labor, to fulfill the contracts within the given time." The only reason assigned for the delay is that they could not get hands to do the work, and We are called upon for that reason to ay them $29, 789 for each vessel. I think that they ought not to be paid that amount for that reason, and therefore I move to strike out this item.
Mr. CLARK. I desire to make a suggestion to the Senfrom Iowa. It is the evident symptom of the Senate that they will take the substitute instead of what will be left of the bill if this item be stricken out. Then are we not wasting time in this way?
Mr. KIRKWOOD. This will be out of the substitute as well as of the bill, as I understand.
Mr. CLARK. Not at all, because the substitute refers to the report.
Mr. KIRKWOOD. Does not the substitute refer to the hill?
Mr. CLARK. No, the substitute does not refer to the bill; it refers to the original report of the board.
Mr. KIRKWOOD. If the Senate are determined to pass this measure as it is, be it so. I am sure this claim to which I have called at tention ought not to pass. As, however, my amendment is supposed to be wasting time without any objeet, I withdraw it. The PRESIing OFFICER. The question is on concurring in the 1st amendment made as in ComWhole as a substitute for the original bill. The amendment was concurred in.
The PRESIDING OFFICER. the question now is on concurring in the remaining amendment, made as in ComWhole, to add an additional section.
Mr. GRIMES. Imove to amend that amendment by inserting the words “such amount of” before the word “compensation” at the close of the amendment, so that the SecyNavy may pay these claimants if upon investigation he shall conclude that they are entitled to such an amount of compensation as is allowed in the previous section.
Mr. SUMNER. Certainly, I have no objection to that.
Mr. HENDRICKS. That amendment, I understand, refers the question to the SecyNavy.
Mr. SUMNER. Yes. The amendment to the amendmentwas agreed to; and the amendment, as amended, was concurred in, as follows: SEC. Abife: That in the cases of [Donald McKay, of Boston, Massachusetts.who built the Ashuelot and machinery and Miles Green wood, of Cincinnati, Ohio.who built the Tippecanoe, whose contracts have been completed to the satisfaction of the Dept and who were prevented from appearing before the naval board, they shall be entitled to the same rate of compensation as is authorized to be paid to other parties building the same class of vessels and machinery: and such payment to be made to them, out of any moneyin the Treasury not otherwise appropriated. under the supervision of the SecyNavy, prowded the evidence submitted for his examination fully establishes the right of the said parties to such amount of compensation.
Mr. CLARK. I believe there is no amendment now pendin.
Mr. CLARK. I move the followmg amendment as a new section: Abife: That the sums hereb authorized to be paid to the parties herein name shall be in full for allwork done by said parties on the vesselsand machinery for which said sums are respectively paid and if accepted by anyof said parties shall be on that condition: and none of said parties shall by eentitled to said sumsuntil he shall execute a receiptin full for said claim. The amendment was agreed to.
Skip Skip The bill was orderengross for a 3rd readingi and was read the 3rd time. Mr. TRUMBULL. On the passage of the bill I ask for the yeas&nays. The yeas&nays were ordered; and being taken, resulted yeas 22, pays 11; ABSENT l6. So the bill was passed. ADJOURNMENT to MONDAY.
Mr. RAMSEY. I move that when the Senate adjourn today, it be to meet on Monday next The motion was agreed to.
Mr. WILSON asked, and by unanimous consent obtained, leave to introduce a JtResolution (S.R.No. 76) proposing an amendment to the Constitution of the U.S.; which was read twice by its title, referred to the JtComReconstruction, and ordered to be in p He also asked, and by unanimous consent obtained, leave to introduce a JtResolution (S.R.No. 77) respecting brevet rank of officers of the Army; which was read twice by its title and referred to the ComMilAffrs . postoffice APPROPRIATION BILL.
Mr. SHERMAN. I move to take up the postoffice appropriation bill so that it may be left as the unfinished business of today to come up at one oclock on Monda.
Mr. lltUMBULL. Before the bill is taken up, I desire to submit an amendment which I wish to have printed. 5
Mr. SHERMAN. Let the bill be taken up rst. The motion wIs agreed toand the consideration of the bill ( H.R.No. 280) making appropriations for the service of the Post Odice Dept during the fiscal year ending June 30, 1867, and for other purposes, was resumed.
Mr. TRUM BULL. I wish to withdraw the amendment which I offered to this bill some days ago, and I now send to the Chair an amendment to take its place, and I ask that it be printed. The amendment was received and ordered to be printed.
Mr. RAMSEY. I move that the Senate adjourn. The motion was agreed to; and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. FRIDAY, April 27, 1866. The House met at 12 oclock m. Prayer by the Chaplain, Rev. C. B. BOYXTON. The Journal of yesterday was read and approved. FREEDMEN.
Mr. KASSON, by unanimous consent, submitted the followin resolution; which was lead, considered, an agreed to: Resolved. That the POTUS boreqnested to cause to be communicated to this House a collation of the revisions in referenceto freedmen. contained in the amended constitutions of the southern States, and in the laws passedby those States since the overthrow of the rebellion. so mfar aise inaformation upon that subjectmay be in the of the Executive Government. COMMITTEE discharGBD FROM SUNDRY CASES. On motion of
Mr. ANCONA, the ComMilAffrs was discharged from the further consideration of the following cases, which were laid upon the table: Petitions and memorials, with accompanying papers, of sundry officers and their legal representatives, for relief from responsibility on account of funds, vouchers, records, &c., captured and lost by them during the late war, namely: Majors L. Moore, C. C. Clark, D. Colden Rugglcs, deceased, by his administrator, General George D. Ituggles, and John M. Austin, paymasters U.S. Army; Lieutenant enry J. Spooner, Brevet Maor William
Mr. Murphy, Lieutenant Alfred C. aw, and Lieutenant Augustus H. Plum mer, acting commissaries of subsistence. Also, the following bills and JtResolution: A bill (H.R.No. 395) for the reliefofBrevet Major T. C. Bowles, asst quarterniaster U.S. volunteers; A bill (H.R.No. 148) for the reliefof Captain Charles Brewster, commissary of subsistence; andJtResolution (H.R.No. 111) for the relief of Lieutenant A. H. Pearl, acting commis sary of subsistence.
Mr. WASHBURNE, of Illinois. I call for the regular order of business. The House accordingly proceeded, as the regular order of business, to call the committees for reports of a private nature, commencing with the ComClaims. ADVERSE REPORTS.
Mr. WASHBURN. of Massachusetts, from the ComClaims, made adverse reports on the petition of Lewis Laddoners, and the petition of W. P. Ellison and others, which were laid on the table. MUNROE YOUNG.
Mr. WASHBURN, of Massachusetts, from the ComClaims, reported a bill for the relief of Munroe Young; which was read a 1st and 2nd time. The bill was read in full. It proposes to pay $141,70 in gold to the claimant, being the amount wrongfully collected of him as duties on articles recovered from the wreck of the British ship William Corey, at Portland, Maine, on the 19: of June, 1865.
Skip Skip The bill was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time and passed. Mr. WASHBURN, of Massachusetts, mtRtv the bill was passed; on the table. Agreed to. EDWARD
Mr. WASHBURN, of Massachusetts, from the ComClaims, reported House bill No. 354, for the relief of E ward P. McKin ney, of Binghamton, late captain and asst commissary of subsistence. The bill was read. It allows $475, or so much thereof as the proof shall establish, on the claimant proving satisfactorily that the money was properly paid by him prior to the 13th of August, 1864, to men or the RhdIsland and U.S. cavalry, and that his vouchers were forcibly taken and destroyed between Harpers Ferry and Winchester, Virginia, without fault on is part.
Skip Skip The bill was orderengross and read a 3rd time; and being engrossed. it was accordingly road the 3rd time and passed. Mr. WASHBBURN,of massachusetts, mtRtv the bill was passed; on the table. Agreed to. LISTON H. PEARCE.
Mr. THORNTON, from the ComClaims, reported a bill for the relief of Liston H. Pearce; which was read a 1st and 2nd time. The bill was read in full. It authorizes the payment of $540 in full for the services of the claimant as clia ilaiii of the 132nd regiment Illinois volunteers during the recent rebellion. The report in the case was read. It states that the claimant was appointed chaplain by Governor Yates, of IllillOlS, on the 1st of Iune, 1864, and his name, through the negligence of this officers, was never placed on the muster ro.
Mr. WASHBURNE, of Illinois. I would like to know why, if this man has performed services during the whole of the war, his name was not on the roll. It is very strange that there should be a chaplain serving during the war, treated as such, and getting no pay. It is, perhaps, one of those cases spoken of the other day. There were many of these patriotic men who proposed to go into the war, and who were willing to serve for nothing, and after serving on those terms they now come back and as for ay. 1
Mr. the NTON. Iwill explain it. The petitioner served only for 3 months, in stead of during the war, and his name was not put on the muster roll, as a pears clearly from the testimony, from no fan t of his, but of the officers. All the officers of the regiment cer tified that he performed service as chaplain of the regiment, which served only 3 months. He supposed his name was on the roll, but in consequence of the neglect of the Officers it was not. But he performed the service in good faith.
Mr. TAYLOR. I would ask the gentleman if this chaplain was ever appointed by the governor of his State or in any other wgy.
Mr. THORNTON. He was appointed by Governor Yates, of Illinois, and afterward by the late President.
Mr. WASHBURNE, of Illinois. It is not made entirely clear to my mind why this gentlemans name was not put upon the roll i he was a regular cho lain.
Mr. THORNT N. The evidence does not disclose the reason, but the inference is that it was from neglect on the part of the officers.
Mr. WASHBURNE. of Illinois. I under stood my colleague to say that this claimant was only in the 3 months service.
Mr. WASHBURNE, of Illinois. Well, the amount is small.
Mr. DEMIN G. I would ask the gentleman if he was ever appointed a field officer by any competent authority?
Mr. THORNTON. He was, by Governor Yates, of Illinois.
Skip Skip The bill was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time and passed. Mr. THORNTON mtRtv the bill was passed; upon the table. Agreed to. BARK MARIA HENRY.
Mr. THORNTON also, from the same committee, reported a bill for the relief of the owners of the bark Maria Henry; which was read a 1st and 2nd time. The bill, which was read, directs the SecyTreasury to pay the sum of $12,000 to George Hern, agent of the owners of the bark Maria Henry, as full compensation for the use and detention of the said vessel by the U.S. from the 26th of February to the 26th of May, 1865, inclusive.
Mr. WASHBURNE, of Illinois. I move that this bill be referred to the ComCommerce.
Mr. THORNTON. I hope that motion will not prevail. This case has been investigated very carefully by the ComClaims, to which it was reerred. It provides compensation to the owners of this bark for the use or detention of the vessel. I think the ComClaims is just as competent to take charge of an investigation of such a matter as a ComCommerce.
Mr. LAWRENCE, of Ohio. I submit that this bill involves an appropriation and must have its 1st consideration in a ComWhole House.
The SPEAKER. The Chair would hdve sustained the point of order if it had been madein time, but the House has already considered the bill in the House. The Gentfrom Illinois [Mr. WAsnuunan] has moved to refer it to the ComCommerce, and the Gentfrom Illinois [Mr. Tnoau ron] is making remarks in opposition to that motion.
Mr. THORNTON. I ask that the report be read. The report was read.
Mr. THORNTON. It will be seen by the report that in February, 1865, the quartermasters Dept chartered this vessel to carry oats and hay from Portland, Maine, to Port Royal, SCarolina; and the agreementwas that she was not to be detained in dischargin her car O longer than ten days. This wouil have reeased the vessel on the 26th of Feb Q ruary. Instead of that she was detained at Port Royal until the 0th of March, 1865 and was then ordered to Moorhead City, NCarolina and there discharged her cargo, and was detained there until the 20th of May, 1865. The vessel was thus detained by the military authorities for nearly 100 days. She then sailed for Philadelphia. The proof shows that during the time this vessel was detained by the military authorities she might have earned $12, 500in carrying coal from Philadelphia to NewOrleans. But the bark was detained, as l havesaid, and the committac have fixed upon the sum of $12,000 as the amount of damages sustained by the owners of the bark in consequence ofy this detention. The committee are satisfied, from a thor ough examination of the case, that the amount is much less than the very serious damage done the owners of the vessel during the time of its detention by the military authorities. I be e the bill will pass, and not be referred to a ComCommerce.
Mr. WASHBURNE, of Illinois. I made the motion to refer this bill to the ComCommerce because bills of this character are always referred to that committee, as they have the jurisdiction of cases of this kind. I trust my colleague [Mr. Tnoanron] will make no objection to referring this bill to the committee (in Commerce.
Mr. THORNTON. I hope not; the matter has been already fully investigated.
Mr. UPSON. Is this amount of $12,000 estimated and reckoned as a loss of profit?
Mr. THORNTON. The difficulty was in determining upon the properrule for estimating the amount of damages. The owners claimed constructive damages; but the committee based the amount here named in the bill upon the last contract made to carry coal from Philadelphia to NewOrleans, and for carrying that coal the owners could have netted $12, 500. In view of that and of the port and insurance charges and outfitting expenses, the committee are satisfied that $12,000 will not cover the entire loss.
Mr. UPSON. It is, then, an estimate of loss of profits?
Mr. UPSON. I do not know upon what principle of law this can be given.
Mr. WASHBURNE, of Illinois From the readiu of the report in this case it appears that this contract was entered into, and a certain amount stipulated as demurrage, which, at the rate of $12,000 for the time here named, would make $48,000 a year fora bark which I presume could have been bought for $12,000 in the 1st instance.
Mr. THORNTON. It was a new bark, and cost $00000. This was its 1st trip, according to the proof of merchants in Portland, Maine. lhc gentleman, therefore, is entirely mistaken in his conclusion.
Mr. DELANO. There are a number of other matters which I desire to get before the House this morning; and therefore I feel compelled to call the previous question.
Skip Skip The previous question was 2nded and the main question ordered; which was upon the motion to refer the bill to the ComCommerce. The motion was not agreed to. The bill was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time and passed. Mr. THORNTON mtRtv the bill was passed; on the table. Agreed to. COMPENSATION FOR HORSES.
Mr. THORNTON from the ComClaims, reported a bill entitled “An act to amend an not entitled An act to provide for the payment of horses and other property de stroyed in the militaryservice opthe U.S., approved June 25, 1864;” which was read a 1st and 2nd time. The bill provides thatthe act which itproposes to amend shall from the commencement of the recent rebellion, extend to and include all cases of the loss of any horse by any officer, non-commissioned officer private, or musician in the military service of the U.S., while in the line of his duty in such service, by the abandonment of the same in consequence of injury arising from unavoidable accidents in land transportation furrished bg the Government, whereverit shall Appear that such aban donment was the result of the order of a supe prior officer, and the injury and loss were without any fault or negligence on the part of the person sustaining such loss. The question was u pon ordering the bill to be engrossed and rea the 3rd time
Mr. THORNTON. Mr. Speaker, I will only remark that a law passed in 1849 provided for compensation for the loss of horses in consequence of accidents in water transportation. n 1864 another law was enacted, providing for compensation for the loss of horses captured by the enemy. There have been referred to the ComClaims a number of resolutions and bills contemplating compensation for horses lost in the recent war in consequence of unavoidable accidents by land transportation. During the war a great many horses were transporte upon the various railroads of the country; and this bill simply provides that the act of 1864 shall be extende so as to include cases of horses abandoned by order of a superior officer, in consequence of unavoidable accident resulting from land transportation furnished by the Government. It will embrace only a very small class of cases. The committee are satisfied, from the cases which have come before them, that a law of this kind is necessary and just. Mr. Speaker, I move the previous question.
Mr. cKEE. I trust the gentleman will not ress the demand for the previous question. I desire to offer a substitute for the blll.
Mr. THORNTON. I respectfully decline to yield for that purpose. I am satisfied that the House is not ready at this time to go further than this bill provides; and I prefer that the gentle man should present his proposition at some other time.
Skip Skip On 2nding the previous question, there were ayes 53, noes 11; no quorum voting. The SPEAKER, under the rule, ordered tellers; and appointed Messrs. Tnonxron and McKss. T he House divided; and the tellers reported ayes 75, noes not counted. So the previous question was2nded. The main question was ordered; and under the operation thereof the bill was orderengross and read a 3rd time; and bein engrossed, it was accordingly read the3rd time and passed. Mr. T ORNTON mtRtv the bill was passed; on the table. Agreed to. ENROLLED BILLS SIGNED.
Mr. TROWBRIDGE, from the ComEnrollBill, reported that the committee had examined and found truly enrolled bills of the following titles; which were thereupon signed by the Speaker: An act (S.No.158) to facilitate the settlement of accounts of the Treasurer of the U.S., and to secure certain moneys to the U.S., or to the persons to whom they are due, and who are entitled to receive the same; and An act (S.No.255) to remit and refund certain duties. FRANCIS A. GIBBONS.
Mr. DELANO, from the ComClaims. reported back House bill No. 386, for the relief of Francis A. Gibbons, with the recommendation that it do pass. The bill, which was read, provides that the SecyTreasury be authorized to pay, out of any money in the Treasury not otherwise expended, the sum of $563 19 to Francis A. Gibbons, the same being money paid by him for property purchased at a uartermasters sale, in the city of Baltimore, Maryland, on the 15th do of February, 1863, under the direction of olonel Belger, asst quartermaster, which was not delivered to the purchaser.
Skip Skip Mr. DELANO demanded the previous question. The previous question was 2nded and the main question ordered; and under the operation thereof the bill was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time and passed. Mr. DELANO mtRtv the bill was passed; upon the table. Agreed to. DEALS and DIXON.
Mr. DELANO, from the some committee, reported back Senate resolution No.56, authorizing the SecyTreasury to adust the claim of Beals 8t Dixon against the U.S., with the recommendation that it do pass. The oiiit resolution, which was read, provides that the SecyTrcasur is authorized to cause the accounts of BeaTs dz Dixon, for deliveries of material after May 1, 1861, under their contracts with the U.S., to be adjusted and aid; allowing to said Beals & Dixon such aditional prices for material delivered after May 1, 1861, as, in his opinion, they may be justly entitled to under the provisions of their supplementa contract, dated January 1, 1857; provided, that in the opinion f the AttyGen said Beals 6t Dixon have a legal claim upon the U.S. for an increase of prices under said contract.
Skip Skip The JtResolution was ordered to a 3rd reading; and it was accordingly read the 3rd time and passed. Mr. DELANO mtRtv the JtResolution was passed; upon the table. Agreed to. GOLDSMITH BROTHERS.
Mr. DELANO. I am directed by the committee of Claims to report back Senate bill No. 192, for the relief of Goldsmith Brothers, of the cities of SanFrancise o, California, and Port land, Oregon, brokers and to move that it be referred to the ComWhole House on the Private Calendar. I will barely say to the House and to the friends of this bill, which is to duplicate certain Treasury notes to the amount of $10,000 alleged to have been lost, that the committee after a careful analysis of the evidence came to the conclusion that in 2 particulars, it is too weak to justify them in recommendin, the passage of the bill, and for the purpose o enabing the friends to an ply this deciency I move its reference as? have indicated.
Mr. HENDERSON. When are we likely to reach the hill in the ComWhole House on the Private Calendar? I want to know so as to have the necessary proof ready.
The SPEAKER. The Chair would infer from the remarks of the chairman when the evidence is supplied he will call the ease up. The bill was referred to the ComWhole House on the Private Calendar.
Mr. DELANO. Iask to have entered a mtRtv the bill was referred, so that I may have the bill under my control. The motion was accordingly entered. ELISHA J. HOUSE.
Mr. DELANO, from the Committee ofClaims, reported a bill for the reliefof Elisha J. House. The bill was read a 1st and 2nd time. It provides that the properaccounting officers of the Treasury Dept shall credit and allow Elisha J. House $797 47 in the settlement of his accounts.
Skip Skip The bill was ordered to he engrossed and read a 3rd time; and being engrossed, it was accordingly read the 3rd time and passed. WILLIAM iiniiranr. On motion of
Mr. DELANO, the ComClaims was discharged from the further consideration of the petition of William McBryant, and the same was referred to the ComInvalidPens. EMPLOYMENT OF A CLERK.
Mr. DELANO, in response to a resolution of the House, reported that in the judgment of the ComClaims a clerk is necessary and indispensable for the transaction of its business; that all the customary hours of labor during the day, audfrequentlyfarinto the night, are evoted by the dlerk to the necessar and legitimate business of the committee, an that no member of the committee has employed him in attending to private business during business hours for the reason that his time is fully employed in his public duties. The report was laid upon the table, and ordered to be printed. w. N. SWAYNE and P. K. HOWARD.
Mr.WARD, from the ComClaims, to which was referred the claim of W. N. Swayne and P. K. Howard, for damages sustained by collision of a U.S. transport with a.tug on the Mississippi river, August 18, 1865, reported back the same with aJtResolution referring the claim for adjudication to the Court of Claims.
Skip Skip The JtResolution was read a 1st, 2nd, and 3rd time, and passed. Mr. WARD mtRtv the JtResolution was passed and allio moved to lay that motion on the table. Agreed to. HENRY HORNE.
Mr. McKEE, from the ComClaims, reported a bill for the benefit of Henry Horne; which was read a 1st and 2nd time. The bill was read in full. It authorizes the giyment of $400 in gold, or its equivalent inU.S. currency, bein the amount advanced by him for the use of Federal prisoners at andersonville in 1864 and 1866, under the supervision of Father Whelan.
Skip Skip The bill was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time and passed. Mr. McHEE mtRtv the bill was passed; on the table. Agreed to. ADVERSE REPORTS.
Mr. McKEE, from the ComClaims, made adverse reports on the following cases; which were ordered to lie on the table: Petitions of William B. L. Thrasher, James Byers, and Benjamin Roach. NATHAN NOYES.
Mr. THORNTON, from the ComClaims, reported a bill for the relief of Nathan Noyes; which was read a 1st and 2nd time. The bill was read in full. It authorizes the payment to the claimant $150 in full satisfaction of Treasury warrant No. 388 3, dated Janu ar 15, 1866, on the surrenderof said warrant.
Skip Skip The bill was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time and passed. Mr. T ORNTON mtRtv the bill was passed; on the table. Agreed to. JAMES CRUTCHETT.
Mr. WASHBURN, of Massachusetts, from the ComClaims, reported back senate JtResolution No. 60, referring the petition and papers in the case of James Crutchett to the Court of Claims; and moved that the same be indefinitely postponed.
Skip Skip The motion was agree to. Mr. WASHBURN, of Massachusetts, mtRt motion by which the JtResolution was indefinitely postponed; on the table. Agreed to. ADVERSE REPORTS.
Mr. WASHBURN, of Indiana, from the ComClaims, madenn adverse report on the claim of N. P. Munroe: which wan ordered to lie on the table.
Mr. DELANO, from the same committee, repprted adversely on the following cases; which weraordered to lie on the table: Petitions of A. H. Murkland, Mr. M. Shelton, John Kaye, M. J. Gonzalves, James McLaughlin, and others. CHARLES BREWER and COMPANY.
Mr. WASHBURNE, of Illinois, from the ComCommerce, reported a bill for the relief of Charles Brewer & Co.; which was read a 1st and 2nd time. The bill directs the SecyTreasury to payto Charles Brewer 82: Co., of Boston, Massachusetts, the sum of $3, 520, in full for the passage in the Hawaiian bark Kameha meha, of 68 destitute seamen belonging to American vessels which were burned by the Anglo confederate pirate Shenandoah, from the island of Ase pension to Honolulu.
Mr. ANCONA. I ask that the report be read.
Mr. WASHBURNE, of Illinois. There is no report, except a letter from the SecyState. I ask that it be read.
The Clerk read the letter as follows: Dzmariisx ior STATE. WASHINGTON, March 14.1866. Bill: I have the honor to transmit herewith a copy of alctter from Messrs. Charles Brcwer k Co., of Boston, in c losingto this Dept iiii account of the Hawaiian bark Kamehameha V, for the pus sagoof destitute American se aincufrom the Ase pension islands to Honolulu. Theseseamen, numbering 68, belonging to American vessels which were burned by the pirate Shenandoah, werelanded oinng thmeaAdsecfeonrsion islandswithout any IJIOVISIOHDE their support. They were found in a destitute condition by the masterof the bark Kaine hameha V, and taken to Honolulu. It seemsbut just and properthat this claim should be promptly paid. As. however, there is no fund at the disposal of this Dept with which to meetit. the claim is respectully referred to Congress, With the recommendation that an appropriation be madesufficient to cover it. I am, sir, your obedientservant, WILLIAM H. SEWARD. Hon. E. B. WASHBURNE, Chairmanof the ComCommerce HoRep.
The SPEAKER. The morning hour has expired. Is there any objection to consider in this bill at this time?
The SPEAKER. Then the bill goes over until next Friday. CHANGE OF REFERENCE. On motion of
Mr. NIBLACK, by unanimous consent, the Committee of Appropriations was discharged from the further consideration of the petition of J. H. Sherwin; and the same was referred to the select committee of freedmens alfairs. NORTHERN PACIFIC RAILROAD. The House then proceeded, as the regular order of business, to the consideration of the unfinished business oflast evening, being House bill No. 414, to secure the speedy construction of the Northern Pacific railroad and telegraph line, and to secure to the Government the use of the same for postal, military, and other purposes. The pending question was Mr. Wmrwoarns motion to refer to the ComPubLands.
Mr. STEVENS. I hope, before anything else is done, the substitute which I offere yesterday will be read as 1 have modified it. The substitute, as modified, was read.
Mr. WASHBURNE, of Illinois. I would inquire if that substitute has been printed.
The SPEAKER. The Chair tiinks it has not been printed as it now stands. Some arts of the substitute as now offered have cen printed, but some arts of it are in manuscript.
Mr. WASHBURNE, of Illinois. How is it before the House?
The SPEAKER. The Gentfrom Pennsylviinia, [ML Srsvsss] by the consent of the Gentfrom Illinois, ELH. Wsxrwoarii] who made the motion to refer the bill to the ComPubLands, moved a substitute for the hill, and this morning he has mod ified that substitute, as he had a right to do.
Mr. wASHBURNE, of Illinois. I hope this substitute will be printed.
The SPEAKER. the Gentfrom Ohio [Mr. BINGHAM] is entitle to the floor. the TAX BILL.
Mr. MORRILL. With the consent of the Gentfrom Ohio, who has the floor, I de sire to state to the House that the bill amending the internalrevenue act which was made the special order for Thursday of next week, will not be called up before next Monday week after the morning hour. The bill will not be printed before tomorrow; and gentlemen have intimated to me that they will not be able to examine its provisions before the time I have indicated. NORTHERN PACIFIC RAILROAD AGAIN.
Mr. SPAI.DING. I do not think my colleague is readily embarrassed by interruption.
Mr. BINGHAM. Not at all; but my time is limited. I will, however, yield to my colleague for a moment.
Mr. SPALDING. Iwill barely ask, inas much as the gentleman says that the substitute materially alters the features of the bill, whether he expects the House to vote on that substitute without havingan opportnuityto read it in print. I am told that our objections are remedied by the substitute. If so, we would be happy to vote for it. I want my friend, before he sits down, to let us hear from him in regard to the fact of attaching this whole liability to the Gavernment upon the credit of the nation.
Mr. ROGERS. Mr. Speaker, I have list ened with considerable attention to the discussions which have grown out of this bill for the last 2 or 3 days, and especially to the position which has been taken by those who are opposed to it. In fact. from the wholesale charges which were made against the integrity of those who are here endeavoring to get this bill passed, before I had given the bill reflection and looked at the consequences that would result to the nation from our action in passing it, I was almost led to believe that some of the charges that have been made by those who appeared to be such sticklers at this time for the Treasury were true. But, sir, I find that the grand idea that appears to have been sought to be impressed upon members of this House and upon the country has been that this is a gigantic scheme or swindle for the purpose of prohing the Treasury of the U.S and the people of the country. and, sir, I must say here in advance, as regards some of the persons whose names appear as directors of this coloration, that the charges which have been made against them as being public plunderers of the Treasury and men unworthy of the confidence of good citizens, are such as ought to be repelled by those who know the personal character, standing, and reputation of those men. I find among those directors the names of
Mr. FAR SW RTH. Will the gentleman let me ask him a question 7
The SPEAKER. The 20 minutes allowed to the Gentfrom NewJersey have expired. The Gentfrom Ohio [Mr. BINGHAM] has 15 minutes remaining.
Mr. BINGHAM. I yield ten minutes to the Gentfrom Michigan, [Mr. Dames]
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. Former, its Secretary, informed the House that the Senate had disagreed to the amendments of the House to Senate bill No. 23, to encour a e telegraphic communication between the U.S and the island of Cuba and other West India islands, and the Bahamas, asked a committee of conference on the disa reeing votes of the 2 Houses thereon, and had appointed Messrs. CHANDLER, Mount, and Cox snss as the committee on the part of the Senate. NORTHERN PACIFIC RAILROAD AGAIN.
Mr. WASHBURNE, of Illinois. Is he not president of a bank?
Mr. WASHBURNE, of Illinois. Will the Gentfrom NewJersey [Mr. Warqnr] yield to me a moment?
Mr. WASHBURNE. Certainly. Illinois. I desire to say that I have been the victim of misplaced confidence, [laughter] so far as the colleague EMr. Rooms] of the gentleman is concerned. certainly understood him to say day before yesterday that he was against this bill, and he came to my desk and spoke to me about it. Yet I came into the Hall this afternoon and find him advocating it.
Mr. GRINNELL. I would suggest to the Gentfrom Illinois [Mr. Wasnnuuus] that the Gentfrom NewJersey [Mr. Roosas] is not in is seat.
Mr. WASHBURNE, of Illinois. I thought he was here.
Mr. WRIGHT. I will yield to the gentleman for 20 minutes.
Mr. BROOMALL. Mr. Speaker, I received in the mail this morning a circular, which I hold in my hand, purporting to come from the Treasury Dept, the reading of which has caused me a considerable amount of discom fort. The purort of this circular is that in consequence of the enormous indebtedness of the Government. in consequence of the immense amount of taxes now imposed u.on the people, it is utterly impossible or the government to equalize the bounties to our soldiers. Many of us have been sitting here with the fixed determination not to let this session go by without passing that most righteous measure and to be told now that the thing is impossible isa declaration that must grieve the heart of every lover of the conntr in this House. I am not without hope that the prophecies of the SecyTreasury I ask the gentleman to may be found to be mistaken. I am not without hope that some means may yet be ascertained to equalize the bounties of our soldiers, but for one Iwill not allow myself to give a vote in this House so asto tie my hands from supporting that measure when it comes up. You may be sure, Mr. Speaker after reading that document, I came to this House by no manner of means disposed to vote away 60 millions of money which ought to go to this purpose.
Mr. BROOMALL. I am sorry I cannot ield. y
Mr. STEVENS. I am sorry the gentleman will not allow me to make a correction.
Mr. KELLEY. For correction I ask the gentleman to yield.
Mr. BROOMALL. I do not want it taken out of my time, but I will do it.
Mr. KELLEY. I have nowhere intimated that Sir Morton Poto would gladly construct this road if the U.S. would guaranty the bonds. I have said that he, with other Englishmen, would gladly give a guarantee for the sake of extending the British line down to the 42nd degree of latitude. I want no more British Provinces on our territory.
Mr. BROOMALL. The gentlemans expla nation is grecisely as I stated it. Idid not state that e said that Sir Morton Peto would like to have the job if we would guaranty the bonds. What I said was, that that gentleman would gladly take the job that we are asked to undertake, would gladly take upon himself the guarantee of that stock upon the terms olfered to us. It was in that view that I said that he or any other person on the other side Of the Atlantic may do it so far as I am concerned. It is time we began to retrench. The people are clamorous for a reduction of the taxes. ho of the members here present has not had letter after letter from his constituents asking when a bill reducing our taxation will be reported and acted on I Who is not glad to find that there is in the bill which has been reported a material reduction of taxation? But, if we are going to give away with one hand twice as much as we receive with the other, I want to know how we are to satisfy our constituents? I believe, sir, that my time is ver nearly exhausted, and I will only say further that upon thisquestion I have aired with a Gentfrom NewYork who as had to leave the Hall.
Mr. WRIGHT. I ield now to the Gentfrom Illinois, [Mr. Human]
Mr. WASHBURNE, of Illinois. It was Ben. Franklin, I believe, who said that.
The SPEAKER. The gentleman has 7 minutes left.
Mr. HARDING, of Illinois. How is a railroad of 1800 miles to be built from Lake Superior to Pu et sound. It is to have this immense grant O lands and its stock is to be indorsed by the U.S. Government. It is to be controlled by these private corpora, tors. Yet my friendfrom Pennsylvania KELLEY] talks about homes for the homePaists. I think the people will understand who are for giving homes to the homeless. We do not give homes to the homeless by granting away in one act this enormous body of lands to a private corporation. Nor do I see ady necessity of having a railroad from Lake Superior to transpoit the emigrants from Europe into those hyperborean regions where they would find it ditheult for them to live without havi the skins of wild animals upon their backs. know that to develop the resources of the West we need population. Now, sir, those who come from Europe need not go away otf into the Rocky mountains to find homes, for they can be provided with homes upon the beautiful prairies of Illinois, and when those are overcrowded there is room for them in the lands beyond the Jordan of the Mississippi. It will be time enough tbr ns to think of settling the land between take Supe prior and Puget sound when we have brought under cultivation the lands through which roads already paws. What would you think of a man who had only stock enough to work his own farm renting all the surrounding countiy? Yet such is the proposition we? have here. Gentlemen are talking of opu lating millions and millions of acres of land a ta remote distance, when we have millions of good land lying idle and uncultivated close at hand. Isay, let us wait until the country is ar tially settled before we talk about builing this road.
Mr. GRINN ELL. The Illinois Central railroad was built when there was nobody at some points within 20 miles of it.
Mr. HARDING, of Illinois. I was out there at the time and know all about the subject. INTERNATIONAL OCEAN Tl ILl IGRAPH
Mr. ELIOT. I understand that a message has come from the Senate asking for a committee of conference on the disagreeing votes of the 2 Houses on Senate bill No. 26, to encourage telegraphic communication between the U.S and the island of Cuba and other West India islands, and the Bahamas. I move that the request be granted. The motion was agreed to; and the Speaker appointed Messrs ELIOT, ONEiLL, and AYLOB as managers of said conference on the part of the House. NORTHERN PACIFIC RAILROAD AGAIN.
Mr. LONGYEAR. I ask the Clerk to read extracts from the original act of incorporation in reply to what has been said here, and to show that the pending bill does not make any change With the exception of granting an extension of the time.
The Clerk read as follows: Sec. 4. Abife:.That whenever said Northern Pacific Railroad Company shall have 25 consecutivemiles of any portion of said railroad and telegraphline readyfort o servicecon tomplatod, the POTUS shall lpsoinl, 3 commissioners to examine the same, an if it shall appear that 25 consecutive miles of said road and telegraphl ine have beencomplated in a.good. substantial, and workmanliko inanner, as in all other respects required by this act, the commissioners shall so report to the POTUS, and patentsof lands asaforesaidshall be issued tosaid company, confining to said company the right and i. lI0to said lands, situated opposite to, 9nd cotermine us with. said completed section of said road: and from time to time, whenever 25 additional consecutivemiles shall have been constructed, completed and in readiness as aforesaid and verified y said commissioners to the POTUS, then patents shall be issued to said company conveying the additional sections of land as aforesaid. BIG. 8. Abife:, That each and every gra.nt, right and privilege herein are soon ade, ind given to, and accepted by said Northern Pacific ailroad Company, upon on subjectto the following conditions, namely. that the said companyshall commence the work on said road within 2 years from the approval of this act.by the President and shall coin plCIEnot lessthan 50 milesperyear after the scoop: year, and shall construct, equip, furnish and complete the whole road by the 4th day of July, anon Domini 1876.
Mr. WENTWORTH. Will the gentleman allow me a word?
Mr. wENTWORTH. I appeal to every member present ifI did not call for the records; if I did not ask gentlemen to send them to the Clerks desk and have them read; and no one dared to offer any. No one has said to me that there Were any, although I have repeat edly asked for them, and won d be glad to read them.
Mr. STEVENS. Mr. Speaker, I admit my delinquency in not immediately answering the gentleman, but I am ver much opposed to interruption. If the gent cmen will allow me [presenting a copy] I will respectfully tender a co to him now. [Laughter.]
Mr. WENTWORT. Thankyou, sir; much obliged. [Laughter.]
Mr. STEVENS. Now, Mr. Speaker, that little book in which there is gran reading for youthful minds, shows the oriiiial charter and bylaws of the company, an a subscription of $2,000,000, with the payment of 10%. The date of the organization of the company is December, 1864, in the village of Bos ton, [laughter] and all the directors names are there set down. As to these gentlemen, who are named as commissioners their duties were long ago discharged my friend knows.
Mr. WENTWORTH. Will the gentleman, as he has sent me his book, allow me to quote it to him i
Mr. WENTWORTH. It has been publicly stated in this Hodse that one of the Smiths living in Vermont was president of this road. This book hich is sent to me as official authority ong t to state the truth, and here I see that Mr. Perham is president.
Mr. STEVENS. Will the gentleman allow me to finish the record by comments?
Mr. WENTWORTH. You sent me this as the record.
Mr. STEVENS. Isent you the commencement of it.
Mr. WENTWORTH. Send me the true one, the last edition. [Laughter]
Mr. STEVENS. That is the commencement of it, and that shows that there was a thorough organization of that company. ver ardent riend of this road, who adspent at east 8 years of his life before be completed the grant by obtsiilinc this charter, was made president of it Mr. Elllflm, a man as honest as ever lived. He believed he was capable at the time of carryiivi ittlirough without anything further but his Iiealth failed him, or I believe verily he would have gone like those who drummed up from house to House through NewEngland, and obtained subscriptions enough to have built it. His health failed and he was oblied to give way. He found he could not atten to it. The time was pa 8 round when he was obliged to commenc t. He was a plied to by a party of men for the purpose O purchasing the franchise, and if be adbeen what gentlemen suppose everybody connected with this institution is a swindlcr, a robber, a speculator he would have taken their bonus and given them the franchise but like an honest man, he refused it and Iseiid to the Chair now a letter from the present president of the road in answer to a letter of mine.
Mr. WENTWORTH. Allow me to ask a question. I understand that there are 2 bills before us. This subject comes before us, erefore, in 2 shapes. The gentleman is s calting to one of these bills. If he means e substitute, that substitute says 3/4ths of the directors shall be American citizens. Now, then, if the other uarter can be British capitalists they can own the whole of the stock. They can let Americans in as stool pigeons and run it as an English institution.
Mr. STEVENS. I understand the gentlemansquestion to be an arment.
Mr. WENTWORTH. n argument based on which we on answer the question.
Mr. STETHJNS. Well, if the gentleman cannot decide that for himself, I Will take it. into consideration and give him an answer at another time. Mr. Speaker, that letter dispels most of the scand al, most of the fiery denunciation of the 2 gentlemen from Illinois, [Mr. W sxrwouru and Mr. WASHBURNE] and still more that of the Gentfrom Ohio, [Mr. Dunno] It takes from them, I think, the whole of the basis of their remarks. I desire, however, before I proceed further, tocall upon the Gentfrom Massachusetts [Mr. BANKS] to say if he is acquainted with some of these men and what are their characters.
Mr. BANKS. now. would like to say a few words at the close on that subject.
Mr. BANKS. I did not exactly understand the question which the Gentfrom Pennsylvania put to me.
Mr. SI EVENS. The gentleman has heard read the names of the directors of this road, many of whom are from his own State. I wish to know the character and standing of those gentlemen in that community.
Mr. BANKS. They are certainly most excellent men, among the best representatives of the peole of the East, and especially of the city of oston.There are no more honor able men in this country; no men more interested in the welfare of the Government and of the people. I could not, sir, in answering a question like this, express the views which I entertain of the interests of the eastern people in the completion of this work which has been under discussion; but if the House will allow me a little time, I should like to make some suggestions.
Mr. WASHBURNE. of Illinois. I hope the House will give the gentleman full time; and will also give time to some gentleman upon the other side to answer him.
Mr. PRICE. The only objection to that is, that we must take the vote on this question to night.
Mr. WASHBURNE, of Illinois. So I say. Let us vote now.
The SPEAKER. The Gentfrom Massachusetts [Mr. BANKS; has 3 minutes remaining of the time of the Gentfrom Pennsylvania.
Mr. BANKS. I do not accept that. Idesire to say to this House that both of my colleagues who represent the city of Boston are absent. scarce y a speaker has discussed this question who has not more or less directly referred to the capitalists of Boston, and especially to the men who are officiall or personally interested in this road. It would be a very unjust record to go to the country if no voice from that State should be heard in explanation of the position which those gentlemen occupy, and I think that the gentleman who has this measure in charge might at least allow time for that.
The SPEAKER. Is there objection to extending the time of the Gentfrom Massachusetts 7
Mr. WASHBURNE, of Illinois. Yes, sir; I object.
Mr. PRICE. I want to say to the House that after the previous question shall be sustained, if members are willing to remain hereion er, Iwill ield to the Gentfrom Massac usetts [Mr. Blunts] nearly the whole of the hour to whichI shall be entitled. I have no disposition myself to discuss this matter further.
Mr. CONKLING. Has the gentleman any objection to allowing the Gentfrom Massachusetts to proceed at is pleasure now, he having the floor when the gentleman concludes?
The SPEAKER. The Gentfrom Illinois objects to that.
Mr. CONKLING. It is not a point for objection. If the Gentfrom Iowa does not claim the floor the Gentfrom Massachusetts cgn be recognized and an speak at his pleasure.
Mr. PRICE. I do not wish t5 shield my self behind the objection of the entkman from Illinois. There are 50 members upon this floor who have been urgin me to bring this matter to a vote to dily. ow, when the previous question shall have been sustained, I shall have an hour in which to close the debate and if members are wiing to remain here I am perfectly willing to give the Gentfrom Massachusetts nearly all in time. [Several Mennuss, “ That is right."] Then I now demand the previous question on the bill.
Mr. SPALing. move to lay the hill and the pending amendments upon the table and upon that motion I deman the yeas&nays.
The SPEAKER. The Gentfrom Iowa [Mr. PRICE] is entitEd to one hour to close t“ e debate upon this bill. The Digest says, The right of the member reporting the pending measure is never denied him, even after the previousquestion is ordered." The Gentfrom owa, having demanded the previous question, is about to close the debate after the previous question has been 2nded and the main question ordered. But in the mean time the Gentfrom Ohio [Mr. SPAL DING] moves to lay the bill, with the pending amendments, upon the table.
The SPEAKER. It is, and it has priority of the demand for the previous question.
Mr. PRICE. Can he make that motion after the previousquestion has been demanded?
The SPEAKER. He can; but the Gentfrom Iowa could have gone on and spoken his hour, if he had retained the floor, upon movinghthe previousquestion.
Mr. ASHBURN, of Illinois. I submit that a motion to lay upon the table is not debatable.
The SPEAKER. That motion is not de batable; but the Gentfrom Iowa stated distinctly to the case that he intended to move the previous question, and after it should be sustainedto yied some of his time to the Gentfrom Massachusetts [Mr. BANKs] whom many members of the House desired to hear. That was distinctly understood; and if the motion to lay on the table fail, he will have a right, after the previous question shall be sustained, to the floor for one hour to close the debate, and can then yield it. The reason for this rule is, that during a debate, which the member who has charge of a bill allows to run on for hours, and some times days, so that all may be heard for and against the bill, some other member might move the previous question; and if the one in charge of the bill had not the right to close the debate, he would be cut off from making any reply to the arguments of those who were opposed to the bill; and therefore, under successive rulings of the Speakers of the House, the rule has grown up that, no matter by whom the lprevious question maybe moved, the one in c arge of the bill would still have the right to close the debate. That, however, does not cut off the right of any member who may obtain the floor to move to lay the bill on the table, although it is not very often doneunder the circumstances, at the end of a debate, till the member reporting the bill, and who has allowed the debate on both sides has made his closing speech.
Mr. PRICE. Have I the right to the floor for an hour, as the one who has char O of this bill, notwithstanding the motion to ay it on the table?
Skip Skip The SPEAKER. No, sir; the motion to lay on the table cuts off all debate. The question was upon ordering the yeas&nays upon the motion of Mr. SPALDING to lay the bil and pending amendments on the table. The yeas&nays were ordered. the question was taken; and it was decided in the a rmative yeas 76, nays 56, not voting 51; So the motion to lay on the table was agreed to. During the roll call, Mr. BLAINE said: I have paired on all votes relating to this question, with Mr. JOHN L. THOMAS. If he were here he would vote against the bill, and I would vote for it. Mr. ELIOT said: I have paired with Mr. DIXON; he is opposed to the ill, and I am in favor of it. Mr. CHANLER said: M colleague, Mr. HUBBELL, is paired with Mr. BALDWIN for 2 weeks. Mr. MYERS said: My colleague, Mr. ONEILL, is paired with Mr. SITGBEAVES; Mr. ONEILL would vote for the bill if he were here, and Mr. SITGREAVES would vote against it. Mr. WHALEY said: I have paired with Mr. SMITH, who is called out of the House on important business; he is in favor of the bill, while I am opposed to it. Mr. ANCONA said: M Dawson, is paired with Mr. H York. Mr. INGERSOLL said: I am paired with Mr. WELKER; he is opposed to the bill, and I am in favor of it. The result of the vote was announced as above. Mr. SPALDING mtRtv the bill was laid on the table; on the table. Pending which, Mr. DARLlNG moved that the House do now adjourn. The question was taken; and upona division there were ayes 52, noes 69. Before the result of the vote was announced, Mr. LYNCH called for the yeas&nays. The yeas&nays were ordered. The question was taken; and it was decided in the negative yeas 67, hays 70, not voting 56; So the motion to adjourn was not agreed to. The question then recurring on the motion to lay on the table the motion to reconsider, it colleague, Mr. unnann, of New was agreed to. ENROLLED BILL SIGNED.
Mr. TROWBRIDGE, from the ComEnrollBill. reported that the Committee had examined and found truly enrolled JtResolution (S.R.No. 56) authorizing the SecyTreasury to adjust the claims of Bealsdt Dixon against the U.S.; which was thereupon signed by the Speaker. ORDER OF PROCEEDING TO AIORROW.
Mr. STEVENS. I move that the session of tomorrow be devoted exclusively to debate as in ComWhole on the state of the Union upon the Presidents message. The motion was agreed to.
Skip Skip LEAVE OF ABSENCE. Mr. HALE asked and obtained leave of absence for 2 weeks. E. WOODWABD and G. CHORPENNING.
Mr. HUBBARD, of Iowa, by unanimous consent, reported from the ComIndAffrs a JtResolution for the reliefof Elizabeth Woodward and George Chorpen ning, and moved that the same be printed and recommitted.
Skip Skip The motion was agreed to. Mr. HUBBARD, of Iowa, mtRtv the JtResolution was recommitte; on the table. Agreed to. REGULATION or IMMIGRATION.
Mr. WASHBURNE, of Illinois, reported, I from the ComCommerce, a bill (H.R.No. 481) entitled “An act toamend an act entitled An act to encourage immigration, approved July 4, 1864, and an act entitled Au act to regulate the carriage of passengers in steamships and other vessels, apprdved March 3, 1855, and for other purposes.” The question being on ordering the bill to be engrossed and res a 3rd time,
Mr. SPALDING moved that the House adjourn. RECONSTRUCTION TENNESSEB.
Mr. ROSS. I rise to a privileged motion. I understood the Chair to have decided the other da that we could get rid of and slough off this end and putrid committee of 15, which has now become a stench in the nostrils of the nation. As the cholera is coming, and we should abate such nuisances
The SPEAKER. The Chair has not made an such decision nor used any such langna. e. {
Mr. ROSS. Well, I desire to call up a mtRtv the JtResolution in reference to the State of Tennessee was recommitted to the committee of 15.
The SPEAKER. The gentleman cannot call up that motion now. In the 1st place, the pendency of the motion to adjourn; in the 2nd place the unfinished business, the hill just reported from the ComCommerce; and in the 3rd place, the special order after the morning hour, the Army ill, all prevent that motion to reconsider being calle up now.
Mr. ROSS. Well, then, I give notice that I shall call it up at some other time.
The SPEAKER. The question is on the motion of the Gentfrom Ohio, [Mr. SPALDING] that the House adjourn. The motion was agreed to; and thereupon (at ten minutes after 5 oclock p. m.) the House adjourned.
###HOUSE OF REPRESENTATIVES. Ssronosr, April 28, 1866. The House met at 12 oclock in. Prayer by the Chaplain, Rev. C. B. Bornros. The Journal of yesterday was read and approved. ORDER OF BUSINESS.
The SPEAKER. By order of the House, no business is in order today except debate as in ComWhole on the state of the Union on the Presidents message, on which the Gentfrom Pennsylvania [Mr. SeoFIELD] is entitled to the floor. Does he ield to the Gentfrom Illinois, [MiaWENT wonrn?.Mi. SCOFIELD. Yes, air, for a moment. LEAVE or ABSENCE.
Mr. WENTWORTH. I ask leave of absence for 3 weeks, and I give notice that before leaving I wish to pair of? upon the questions of liberty, economy, and keeping whisky out of the Senate. [Laughter] Leave was granted. RECONSTRUCTION.
Skip Skip MESSAGE FROM THE SENATE. A message was received from the Senate, by Mr. Fonsizy. its Secretary, notifying the House that that body had passed Senate bill No. 220, for the relief of certain contractors for the construction ofvessels of war and steam machinery. RECONSTRUCTION AGAIN.
Mr. HIGBY. Mr. Speaker, 01large portion of the Presidents annual messa ewas evoted to the question of the reunion of the loyal States and those which had been in rebellion. congress was as deeply imressed with the subject which was coming be ore them as any other branch of this Government possibly could be at the commencement of the present session; and with a view to do as much and us speedily as possible to ascertain the condition of the States which had been in rebellion, and whether there was any possibility by which they could have representation here, aJtCommee of both branches of Congress was appointed, to whom everything in connection with reconstruction was referred for their consideration. We have several times, sir, heard from that committee by way of amendments to the Constitution of the U.S. They have also taken a large amount of testimony in reference to the condition of things in those States, and have from time to time reported that evidence Ito the House and Senate. But, Mr. Speaker, propose for a few moments to give attention to the report made by the ComReconstruction on the 6th of March last, and a JtResolution with reference to the State of Tennessee, introduced into the House at that time; and more particularly to dwell upon the principles involved, for the principles involved in that case will enter into the case of every one of the rebel States on the questionfiif readmission. Mr. Speaker, I suppose that every and any subject presented to the House pertinent to these great questions can be scrutinized and remarked upon. I do not wish to be deemed officious or captions if I should chance to differ with 15 of the wisest men we have in Congress in some respects as to the report they made at that time. 1 ask the Clerk to read the JtResolution.
The Clerk read as follows: Mr. Bisoiun. from the ComReconstruction. reported the following JtResolution:JtResolution concerning the state of Tennessee. Beooloellb the Senate and HoRep of the U.S.A.in Congressassembled. hat whereas the people of Tennessee have made known to the Congress of the Uii.ted States their d(.cX iirrlolllgthabtett wheeeenotnhsetmituatine dnatlhere U.S. tomfoarye be fully established and did. on the 22dday of Feb ruary. llvAi. by a largo popular voto. adopt and ratify a constitution of government republipan in form and not inconsistent With the Constitution and laws of the U.S and a State government has been organized under the provisions thereof.which said provisions, and the laws passedin pursuance thereof, proclaim and denote loyalty to t a Union; and wheres; the peopleofTennessee are found to be in o conditiorito exercise the functions of a State Within this Lawn and can only exorcise the same by the consent of the law inakin power of the U.S. Therefore thostate of fennesseeisliereby declared to be oneo the U.S.A. on an equal foptm with the other States.upon the CQFQIERICODtlIUtOaHt the people of Tenpessec will maintainnnd enforce. in IOOdfllllll their existing constitution and laws. excluding thoss who have been engagedin rebellion against the U.S. from the exercise of the elective franchise, for the respective periodsof time therein proyided for, and shall exclude the somepersonsfor the like respective gonads of time from eligibility to office; and the tale of Tennesseeshall never assume or piiy any debt or obligation contracted or incurred in aid of the late NbBllIDH; nor shall said State ever in any manner claim from the U.S or make any allowance or compensation for slaves cmancipated or liberated in any way whatever; which conditions shall beratified by the Legislature of Tennessee or the people thereof as the Legislature may direct, before Ll act shall take effect.
Mr. ALLEY. I rise to a privileged nestion. Ine tice that late down among t was not voting on the motion to lay upon the table the Northern Pacific railroad bill. I voted in the negative, and I ask that the correction he made. The correction was made accordingly.
Mr. BANKS submitted some remarks which will be found in the Appendix. At the conclusion of the remarks of Mr. Banks,
Mr. GRINNELL said: My colleague, [Mr. Paws, who had charge of the Northern Pacific railroad bill, is not able to be here today. I am requested to state on his behalf that no one regrets more than he that circumstances prevented his yielding the floor to the Gentfrom Massachusetts, [Mr. BAXKS] as he had intended to do. He would have been pleased to hear the able and logical speech we have just listened to.
Mr. BUNDY obtained the floor, butyielded to Mr. GRINNELL, who moved that the House adjourn. The motion was agreed to and accordingly, (at 5 oclock and 20 minutes p. m.) the House adjourned.
Skip Skip PETITIONS, ETC. The following petitions. kc" werepresented under therule and referred to the appropriate committees: By Mr. COBB: The memorial of the corporation of ashinizton, askinir to be repaid certain moneysed to the General Government. 11yMr. FINCK: The etitionof semantha Perri. widow ofJphn Bader. i eceased.of Fairfield county. Ohio.hprayipfthe allowance of a pension. By Mr. HU. IlltEY: A otitionfornntional insBuyrance law bycitizensof Bu alo. Mr. E VQll H; The petition of citizens of Chicago, fora national insurance company.
@@@IN SENATE SENATE. Moxnu, April 30, 1866. Prayer by Rev. Iiisonone D. WOOLSEY, D.D., President of Yale College. The Journal of Friday last was read and approved.
Mr.. LANE, of Indiana, from the ComPensions, to whom was referred the petition of Mrs. Rebecca Irwin, widow of Archibald Irwin, who was a private soldier in battery C, 1st RhdIsland light artillery, praying for a pension, submitted a report, accompanied by a bill (S.No.291) ranting a pension to Mrs. Rebecca Irwin. The bill was read, and passed to a 2nd reading, and the report was ordered to be printed.
Mr. WILSON,from the ComMilAffrs , to whom was referred a bill (H.R.No. 475) to facilitate the settlement of the accounts of paymasters in the Army, reported adversely thereon. He also, from the same committee, to whom was referred a bill (Sl No. 46) for the relief of Henry M. Whittle sey, asked to be discharged from its further consideration, and that it be referred to the ComClaims; which was agreed to.
Mr. HOWE, from the ComClaims, to whom was referred the petition of Captain F. M. Faircloth, praying for remuneration for property lost on board the steamer Boston, whi conan expedition u the Ashepo river, SCarolina, on the 2m 1 of May, 1864, submitted an adverse report; which was ordered to be printed. He also, from the JtcomLibrary, reported ujoiiit resolution (S.R.No. 79) to authorize the purchae for the Library of Congress of the law library of James L. Pet tigru, of SCarolina; which was read, and passed to a 2nd readin.
Mr. FESSENDEN. The JtCommee, socalled, on reconstruction have directed me to report, 1st, a JtResolution proposing an amendment to the Constitution of the U.S.; 2nd, a bill to provide for to the States lately in insurrection trheestirorifnugl political rights; 3rd, 9. bill declaring certain persons inc i ible to office under the Government of the I.U.S. They directed me, to say that it was the intention of the committee to accompany them with an extended report of their reasons, and the grounds upon which they report them. Unfortunately, however, such has been the situation of the committee, relying upon the chairman, who has been unable to attend to it on account of illness, that this report has not been dravrn; and perhaps we may ask leave to submit the report here after in connection with the bills and resolution now reported. It was thought advisable, as it was so late in the session, not to withhold the measures proposed for action for the reason I have stated. this ver possible that the report may be made hereafter if it shall please the Senate to receive it. The JtResolution (S.R.No. 78) proposin an amendment to the Constitution of the U.S.; the bill (S.No.292) to provide for restorin to the States lately in insurrection their full political rights; and the bill (S.No.293) declarin certain persons ineligible to office under the government of the U.S., were severally read a 1st time by their titles, and passed to a 2nd reading. PERSONAL EXPLANATIONS.
Mr. CHANDLER. A few weeks ago I nn intentionally did an act ofinjustice to a patriotic body of individuals in this city, which iI wish to correct. During the winter of 1860 61, there were 2 military O nizations here, the one called the National tiflcs and the other the National Volunteers. The National Volunteers was a rebel organization which marched from the DistCol into the rebel army; but the National Rifles was composed of to most patriotic citizens of the District. They were the 1st to march into Virginia: and they headed the column that 1st crossed the Long Bridge. They furnished a large number of soldiers and a large number of officers to the Union Army, and were reali one of the most patriotic bodies in the U.S. In the heat of debate, I inadvertently spoke of the National Rifles instead of the National Volunteers. I wish simplyto do justice to a patriotic organization, to which Iinadvertently did injus tice, and I make this statement to correct that injustice.
Mr. HOWE. I wish to make a comment or 2 on an item that I find in the National Intelligencer today, taken from the Washington dispatches to the NewYork Herald. The item to which I call attention is as follows: “Governor Fairchild, of Wisconsin, is here to push the appointment of a radical postmasterfor Fond du Lac which officewill soon be vacated by resignation. lie appointment was lately made in accord ancewith the Governors views, but was subsequently withdrawn at the urgent request of Wisconsin John son Republicans, on the cream! that the up iointco was not one of them. The appearanceof the governor here to reopen the flight is looked upon as a trifle cheeky by the friends of Senator Doom run, inasmuch as the Governor went out of his way to inilorse and approve the Wisconsin resolutions e ensnring
Skip Skip MESSAGE FROM THE uocsn. A message from the HoRep, by Mr. MCPHERSON, its Clerk, announced the appointment of Mr. J. B. Gnixsnim, of Iowa, and Mr. J. L. Dawson, of Pennsylvania, as managers on the part of the HoRep at the conference on the concurrent resolution to prohibit the sale of liquors in the Cu itol building and onnds, in the place of MD. HiniiM Pines, O Iowa, and Mr. SAMUEL J. RANDALL, of Pennsylvania, excused. RAILROAD BRIDGES ACROSS THE MISSISSIPPI. On motion of
Mr. TRUMBULL, the Son Me, as in ComWhole, resumed the consideration of the bill (S.No.236) to authorize and establish certain post roads, the l plauding question being on the amendment of;
Mr. Hsxnsnson, in section one, line 6, after 1 the word “ Illinois, ” to insert. “ and at Hun nibal, Missouri;" so that the section will read: That it shall be lawful for any personor persons. companyor corporation. having authority from the Statesof Illinois and Missourifor such purpose.to build a bridge across the Mississippi at Quincy. Illi.is and at Hannibal. Mimcuri. 8w.
Mr. HENDERSON. Iwithdraw the amendment for the present.
Mr. GRIM S. Iofferan amendmentwhich I propose to the bill as a new section: Aml Abife:. That it shall be lawful for the Chicago. Burlington and Quincy Railroad company. whose road has been completed to the mississippi river and connectswith a railroad on the o ipositosidethereof. having 1st obtained authority theretorfrom the States of Illinois and Iowa. toconstruct a railroad bridge acrosssaid river upon the same terms, in the same manner. under the same restrictions and with the same privileges is provided for in this act in relation to t 6 bridge at Quincy. Illinois.
Mr. HOWE. I understand that the bill as reported provides for these openings to be 175 feet.
Mr. RAMSEY. No, sir; the pivot ier and the 1/2 of the pier at each end of the swing on which it rests detract from theirwidth.
Mr. HOWE. But the span is to be 175 feet?
Mr. HOWE. The spans are to be not less than 175 feet in length on each side of the center or pivot pier of the draw.
Mr. RAMSEY. That makes 350 feet in all, and leaves a clear draw of about. 150 feet.
Mr. HOWE. That leaves an opening of 175 feet.
Mr. HOWE. But it is on the side of the pier.
Mr. HOWE. Between this pier and the next.
Mr. RAMSEY. I should much prefer that the railroad company should accept it with a s an of 175 feet in the clear. That would require a swing bridge of 400 feet.
Mr. HOWE. Bat I do not understand the l engineer to recommend any such thing. I do i traordiuary circumstances. Theze is a bridge not understand the authority the Senator just read from to do so.
Mr. RAMSEY. 150 feet in the clear. “ Spans of not less than 175 feet in length on each side of the central or pivot pier of the bridge." The pier on which it rests on either end of this swing detracts from it; and a fair constructbn would be from the center of the bridge 175 feet. The pivot pier is a pier probably 20 feet in width, of greater with than any of the other iers, and under the bill it is required to be. be whole of this immense structure, the swing bridge, rests upon it. That with the half the pieritrests on at either end detracts so much from this length as to reduce it to a clear sedgeof about 150 feet. hat much can be done, and I think that much ought to be conceded.
Mr. HOWE. The idea is this: the span is required by the bill to be 175 feet. The span I understand to be the stretch from pier to pier, and not from the center of one pier to the center of the next.
Mr. HOWE. I should like to ask the Senfrom Minnesota before he takes his seat what evidence the committee have. that a draw olfl the length prescribed in this bill is manage a)0.
Mr. RAMSEY. We have evidence oflarger draws, but they have been erected under exat one of the sea port towns of France longer even than this. There is an iron swing bridge at Brest, in France, spanning a water passage of 347 feet clear, movable 011its bed, erected at a total cost of $406,000. It is a Government. work, erccted, I presume, without reference either to the expense of its construction in the 1st instance, or to the expense of its management afterward. It is desirable, of course, that we should strike a medium in the erection of these swing bridges on the Mississippi, so as to injure neither the river nor the bridge interest. If we make them too large, they will often be out of order and immovable, and the boats, in passing up and down, will be interrupted. If they are made of smallest size, as requested by some, of course the channel way will not be large enough for business. Now, the oint between the 2 most desirable is that t cy should be easily workable, and at the same time as large as can be allowed. In that way the propermedium will be obtained and all interests pre served.
Mr. GRIMES. The proposition now pending before the Senate is an amendment proposed by myself authorizing the construction of a bridge at Burlington, on the Mississippi river, by the Chicago, Burlington, and Quincy Railroad Company, upon the same terms and under the some restrictions and with the same powers and privileges that are proposed by this Iiill to be granted to the company that seeks to be authorized to build a brigo at Quincy, in the State of Illinois
The PRESIDING OFFICER, (Mr. Asrnosr in the chair.) The hour of one oclock having arrived, it becomes the duty of the Chair to call up the unfinished business of Friday last, being the bill (H.R.No. 280) making appropriations for the service of the Post offico Dept during the fiscal ear ending the 30t of June, 1867, and for either purposes.
Mr. HENDERSON. I think this can be disposed of in a short time.
Mr. SHERMAN. have no objection to the special order being laid aside informally, if it oes not lose its place.
The PRESIDING OFFICER. That will be done by unanimous consent. The Chair hears no objection. The consideration of senate bill No. 236 will be continued.
Mr. GRIMES. Under the bill which is now before us, the draw will be 175 feet.
Mr. RAMSEY. Not 175 feet in the clear; about 150 or probably a few fact more.
Mr. lRLHIBULL. That had better be lim ited so as to make it clear.
Mr. GHIMES. The only objection I had when I read the bill was that it seemed to me that the ComPostOllices were requiring rather too much when they required a draw of 175 feet, because the difficulty at the Clin ton bridge and the RockIsland bridge has never been in consequence of the width of the draw, but in consequence of the flow of the current occasioned by setting the piers improperly at the time the bridge was constructed. Now. what will be the effect of the passage of this bill if we adopt it? The Chicago, Bur lington, and Quincy Railroad Company are already aboutto build a bridge at the place where I live. They have the authority from the State of Illinois to do it, and they have the authority of the State of lowavto do it. They will not put in as wide a draw as is required this statute unless this statute is passed. by YIbur passing the statute, therefore, facilitates i, the commerce of the river, by compellingthem I to put in such a draw as the navigation of the Mississippi river requires; so that in every point of view it seems to me it would be advis able ifthis bill should pass: and living on the river as I do and interested in the naiviation as I am, a navigation which has been the uilding up of my town, I am perfectly free to declare that I believe the interests of the river commercc as well as the interests of the internal commerce of the State that wants to find its way eastward over the various railroads that connect them. across the Mississippi river with the country cast of them, to the eastern States, require that authority should be granted to companies to bridge the Mississippi river. I do not think there is the slightest incompati bility between the navigation of the Missiippi river and the commercial interests of the railroads. provided a bill shall be passed properly guarded, as I believe the bill now under the consideration of the Senate is.
Mr. DOOLITTLE. I should like to ask. m friendfrom Iowa whether, from his knowl go of the river, the current where the boats pass does not change from time to time, and then, further. whether provision is made in this bill to secure the building of the piers so as to meet that contingency.
Mr. GRIMES. The current does change sometimes during the season of floods in the spiing, but any company that owns a bridge will see to it that the piers are so arranged that the current will run through their, draw. I have had a little experience in this question of currents myself; Sometimes the riverthreat ens to leave a town on the banks; it becomes necessary, therefore, for the corporate authorities or individuals to throw in obstructions above. so as to cause a set of the current to run by the landing or levee of the villagewhere it was originally, and which it has threatened to leave. They had a very good illustration of that in the city of StLouis. StLouis, a tcwycars ago. was threatened to be left entirely away from the river; but by the expenditure of some 1,000s of dollars. I do not know how many, by putting in obstructions. stop ping the flow of the current on the Illinois side. they caused the current to flow back, along down on the Missouriside, so as to make their landing a great deal better than it was before the river threatened to leave them. The railroad company will see to it that the chun ncl is through their draw.
Mr. HENDERSON. I desrro to offer an amendment to the amendment of the Senfrom Iowa, as an additional section: and beilrlrflwrenndrd. That abridge may beconstructedat the town of Hannibal. in the State of missouii. so as to connect the Hammondand StJoseph railroad with the Pike County and Great Western railroads of Illinois. on the Ianiotoms and subw r t to the some restrictions.as containi d in this act for the constructionof the bridge at Quincy. Illinois;
Mr. lllUMBULL. That amendment does not provide who is to construct. the bridge: it does not authorize any particular parties to construct the bridge. It says that a bridge may be built there. Do you mean to authorize the Hannibal and StJoseph Railroad company to build it? Mr. HENDERSON. No.
Mr. HENDERSON. The amendment says that it may be built under the same terms and subject to the same restrictions as the bridge at Quincy; that is, it is to be built by a coin pany appointed by the 2 States of Missouriand Illinois. It is to be done by an independent company; it cannot be built by the railroad company. The amendment to the amendment was agreed to and the amendment as amended was agreed to.
Mr. HENDERSON. I move to amend the 2nd section of the bill by striking out, in lines 38 and 39, the words, “whose construction shall not be such as to admit of their passage under the permanent span of said bridge; so as to make the proV150read: and promdedalm, That saiddraw shall be opened promptly upon reasonable signal for the passageof oats.oxcoptwhen trains are passingover the some; but in no 03:6shall unnecessarydelayoccur in opening the said draws after the passageof trains.
Mr. TRUMBULL. I do not see why these words should be struck out. The Senfrom Minnesota has charge of the bill, and I call his attention to the proposed amendment.
Mr. RAMSET. Why should the bridge company be required to open the draw when there is no occasion for it? Why open the draw for a vessel that can pass under the permanent spans?
Mr. HENDERSON. I will state my reason for offering this amendment ina very few words. The proviso nowrequires that the Draw shall be opened romptly upon reasonable signal for the assaflo o boats whose construction shall not be such l as to admit of their passuzc undul the permanent spans of said bridge, except when trains are passingover the sumo. It strikes me that if these draw bridgesbe built there will be controversy between the boat men and bridge owners in regard to the necessity of opening the draws. At certain stages of water on the sides of the draws a certain class of boats may pass under the permanent 5 ans. There will be permanent spans on either side; the bill requires them. A small boat comes along that is not more than 30 or 40 feet high, or, perhaps, a boat that is not more than 20 lcet, or ten feet. if you please. It wants to pass through the draw and the owners of the ridge declare that there is no necessity for Openin the draw; that the boat may very well pass encath the perina nont span. Who is to settle the controversy between the boatman and the owners of Llit. bridge as to whether, upon propersignal. the draw shall be opened or not? If boats can pass under the span they will give no sig nal; if they cannot, they will give the signal; and why should not the bridge owners open the draw when the signal is given?.
Mr. TRUMBULL. The bridge company would certainly not at their eril. The boats are not to be constructed with that view. The provision is " that said draw shall he opened promptly upon reasonable signal for the pars, sage of boats Whose construction shall not be such as to admit of their passage under the permanent spans of said bridge.
Mr. HENDERSON Who is to determine the question as to whether the construction of the boats is such that they may pass I
Mr. TRUMBULL. Certainly the bridge company would act at their peril. If they did not open the draw, and the construction of the boat was such that any damage was done, they would clearly be responsible.
Mr. HENDERSON. I suppose the only remedy the boutinun would have if the draw was not opened and he was forced to under take a passage hetween the piers of the bridge, under the permanent spans, would be to sue the bridge company. Then I suppose the long, the everlasting controversy which has been had in regurd to the RockIsland bridge. as to whether it is an obstruction or not, would be renewed for trial in the courts; or there would be a similar controversy. whether the particular boat could pass through or not.
Mr. RAMSEY. If you allow bridges with the draw at all. it is in the interest of the public that they should be taxed as little as pos Bible: that is. that they should not be required to open the druw on any unnecessary occasion. Of course, a boat that cannot pass the permanent spans nnist pass through in this way; but it is desirable that the draw should be opened aslittle as possibleand on no unnecessary occasion.
Mr. HENDERSON. I do not profess to know a great deal about these subjects; but it strikes me that the words which I have moved to strike outonght notto he in the law. ldo not want a controversy between the bridge owners and the steamboat men in regard to this mnt ter. I do not suppose that a steamboat man will give a signal unless he wants the draw to be opened. I apprehend that if he can pass under the permanent spans he would not require the draw to be opened. he would scarcely at the bridge owners to that trouble. As the bill now stands it will leave the bridge owners to open the draw or not just as they choose. Of course it will be at their peril, but only subtto a suit; that is all at last. I so pose mages might be recovered, provid the steamboat man could show that his boat was of such construction as to require that the draw should be Opened. but look to the Iield there will be for the admission of testimony on both sides. It may be said by competent steamboat men that if the pilot had under stood his duty he might have passed under the permanent spans without inury to his boat notwithstanding his boat has condestroyed; that the construction of that particular boat was such as to have admitted it to pass under the permanent spans. i think it is better to have this provision out. The amendment was rejected.
Mr. HENDERSON. Iwill inquire of the gentleman reporting this bill.what is the mean ng of the 4th section? What is the traces lily for it?
Mr. RAMSEY. We accepted the 4th section as we found it in the bill as referred to us. It reads as follows: Sec. 4. Abife:.That the ferry authorised to be establishedby the Illinois and Missouri TruuFfI)rt.itluvl Company, by the laws of the States nl Illinnw and Missouri, across the Mississippi river at the city of Quincy. Shall durlac the time so lutborized by the lawsof the States atortnaid, und until the LUlUIJlijllullof said bridge under nut according tn the provisionsof this aenhe and the same is here y declared. Recognized and known as a post fonts. I understand it only refers to a tlansit across the river at that point now. We found it as a section in the bill referred to us, and as we knew of no reason why it. should be stricken out we allowed it to remain in the bill. I
Mr. TRUMBULL. I believe thatis about all there isinit. The Statesof missonriand Illinois have at this point authorized a ferry. Nearly all the ferries over the Mississippi, and l do not know but all of them, are authorized by the joint acts of the Legislatures of the different States bordering upon the river. The object of this section is to make this ferry a post road. I suppose all roads of this kind, all the great highways of the country ought to be post roads. We say every session in a post route bill that such and such roads, leading so and so, from one place to another, are declared to be post. roads; and I do not imagine there can be an objection to this ferry being made a 0st roe.
Mr. HENDERSON. I suppose there is no objection, then. to letting the section bestrielten out. I do not like this way of Congress legislating advantages to aparticular ferry company across the Mississippi river. I do not see any necessity for it. I do not know anything about thisferry company at Quincy; I do notknow an individual connected with it; but the State of Missouriand the State of Illinois might desire to charter another ferry company across the pIississippi river, and I think that this section would a cot that ferry, if it were authorized, perhaps injuriously.
Mr. Trumbull. How? This is not exclusive.
Mr. HENDERSON. Supose the company named in the section do not discharge the duties enjoined upon them by the act ofincorporation from the Legislatures of Missouriand Illinois, but they claim the right to take the mail across; that this is a postal route, and they claim the right to continue their ferry, under this act of Congress, not withstanding their violation of the laws of the State of Missouriand of the State of Illinois. What effect would this act then have, I will inquire of the Senfrom Illinois? I suppose that the charter may be forfeited by their failure to comply with the terms and conditions upon which it was granted, and the States respectively might desire to incorporate another company that would behave better in the future. T ten what effect would this section have? I presume no other ferry company would be authorized to take the mailslacross; and the effect of this provision I do not suppose it is intended in that way would be to override the State laws and to make this a postal route, notwithstanding the effort on the part of the Legislatures ofIlhnois and Missourito establish another ferry. I ask the Senator if that would not be the effect, or whether it could have another effect.
Mr. TltUM ULL. I am surprised at the in niry of the Senfrom Missourir. HENDERSON. I know you are always surprised.
Mr. lltUMBULL. Perhaps I do not understand it, but surclyI am surprised at the inquiry. I cannot conceive howt iis can interfere with any other company. I am not for it if it can have any such effect. If it is to be an exclusive right to establish ferries on the part of Illinois and Missouriat this or any other point; I am opposed to all such legislation. I do not understand it in any such way. How it. could possibly have such an effect I do not know.
Mr. HENDERSON, Iexpressly excepted it from the intention of the Senator.
Mr. lltUMBULL. How the section can give any exclusive privileges I am at a.loss to conceive. But the Senator is aware that in order to take the mail over any of the common roads of the country, we make them post roads. We provide, for instance, " that the road from Hannibal to Palmyra, in Missouri, is hereby declared to be a iost route.”
Mr. HENDEI SUN. That is now a pest route: the route itself is a post route. lhen what is the necessity for this provision?
Mr. lltUMBULL. But there is no post route, I suppose, from Quincy across the river.
Mr. HENDERSON. Yes, sir, there is; it is news post route.
Mr. HENDERSON. There is no doubt about it. I am not aware of any legislation of Congress making a particular ferry company or its beats a post route. This is the 1st legislation of that character I ever heard of, and I have been on the postoffice Committee for seine years. It is common to declare the line of road between 2 certain States a postal route; but I am not aware of any such provision as this existing in any law of Congress. I have never seen anything of the sort. Front Quincy to Palmyra, and from Palmyra on to StJo is news. post route, and it can do no harm to strike out this section. The Senator of course does not wish to vest this ferry company with any peculiar or special privileges. I protest that I know nothing in respect to this company; but I think it is bad legislation to commence on the part of Congress to select any particular ferry company, and to declare that that company as now established shall be a postal route, because it may bring up a conflict with the laws of the respective States. The Senator will readily see that it may do so. The section can have no beneficial effect as it now stands and therefore I ask that it he stricken out, if the Senator has no objection.
Mr. TRUMBULL. I do not see that it can have any injurious effect. When I expressed surprise at the amendment, the Senator rather rebuked me for that; but I really do not see how the section can have such an effect as the Senator supposes. Whutis aferry? What do the law boo s calla ferry? It is a highwa, nothing else. A ferry is just us much a high way as n turnpike road; and I can see why lhere might be a necessity for a ferry being a ost route. You cannot compel the mails to e taken across the river. I am not aware of any law that makes a ferry across the river a post route. If there is such it law, I am not aware of it. The Senate: says there is slow already in existence making a post route from Quincy to Palm round to annibal.
Mr. HENDERSON. How would the mails be carried, otherwise, across the river?
Mr. TRUMBULL. I do not know whether there is a provision of that kind: there may be: that would embrace this very line of we I do not know who compose this ferry com, pany; the Senator is as well informed in reference to that as I am; buthere isuferry alread authorized by the 2 States of Illinois an Missouri. If it is not, the section would not amount to anything. The bill recites the fact that there is such a ferry authorized there. Now, what possible objection can there be to making that ferry, until the bridge shall be completed, a post route? I see nothing exclusive in it. It seems to me it is perfectly properthat there should be a ferry there to transport the mails, and that it should be a post route. How that will interfere with any other company I cannot conceive.
Mr. GRIMES. I do not know any reason why this section is inserted here; and unless there is some explanation of it given I shall vote to strike it out. I can imagine this case: suppose there has been an old terry company at.uincy, and the mails are transported by that old company
Mr. TRUMBULL. I asked the question, if there was such a company.
Mr. GRIMES. I do not lmow; but unless we have some further knowledge on this subject I think we ought to strike this section out. If the parties interested have not seen.fit to, enlighten anybody so that we can obtain information on the subject the section ought notto be here. suppose, I say, there had beep an old company established there that carried the mail, and other parties have gone recently and secured a charter from Illinois and Missourifor a new ferry company, to be called the Ilh nois and MissouriIrnnsportation Company, may theynotnowaeck, pernps, bythisse ction to (Ieclare that that comin, and that only
Mr. GRIMES. Well, that that shall be the post route.
Mr. GRIMES. Well, a post route; that that shall be declared, recognized, and known as a post route. They may then set i up a claim that the mail shall not be transporte by any other company.
Mr. GRIMES. I do not know but that they could do it under this section.
Mr. HENDERSON. They can do it after the assaee of this act.
Mr. GRIMES. Unless some satisfactOry explanation can be given why this section is here, I think the Senfrom Illinois ought not to ask us to adopt it.
Mr. TRUMBULL. I do not for the life of me see how the making of a ferry a post route is any more dangerous than making a bridge a 0st route. That is the veryobject of the hi I. All these bridges are declare to be post routes when built. Does anybody suppose that the declaring of these bridges post routes, as this bill does
Mr. TRUMBULL. I am speakin of the bridges. Does anybody suppose that the declaring them post routes gives these particular bridge companies an exclusive right, and prevents other bridges from being built? If 1supposed so, I won] not vote for the bill. How does a ferry differ from a bridge? If it is proper to have a post route, I ask the Senfrom Missouriwhy it is not properthat a ferry should be a post route until the bridge is built. That is the provision here. I do not wish to take up time about it. I suppose that the parties who prepared the bill it was not prepared by me and who contemplate building this bridge, wanted to use their ferry until they got the bridge constructed; and that is the provision here. I do not suppose it is intended, and I do not see how it can interfere with another company.
Mr. HEN EltSON. Let me ask the Senator, as a lawyer, if this provision shall be adopted can any other ferry company at Quincy take the mails of the U.S. across from Quincy o osite to Westminster?
Mr. TI? MBULL. Certainly it can if it is a post route.
Mr. HENDERSON. But it will not be a ost route without the legislation of Congress. he Senator says that he did not draw the bill. I am very well aware of that, and I suppose the Senator, like myself, knows nothing u out this ferr company; butI do not wish any particular erry company now established by the laws of Missouriand Illinois to be legalized into being as the only post route at that term until this bridge shall be built. It may be 40 or 50 years before the bridge is built, and other ferry companies may be incor O rated by Illinois and Missouri. Why is it that this company shall be constituted the only post route at that point?
Mr. TRUMBULL. I have tried to explain to the Senator that it is not so to be declared. I do not know that there is any especial importance in the section, and I do not wish to have any controversy about it; but for the life of me I cannot see why the Senator will persist that this is the only post route. If there is no post route there, ought there not to be one? I have no more to say about it. I care nothing about it! I have no interest in it one way or the other, further than to authorize these greatlines of travel to accommodate themselves to each other. I think the time has come when we have got to have bridges.
Mr. SHERMAN. Ithiuk it is possible that this bill will occupy allday if we proceed with it, and therefore think we had better take up the postoffice appropriation bill.
Mr. TRUMBID.L I have nothing further to say about it. Let the Senate dispose of it as they think proor. the pItESlDI in the chair.) $OFFICER, (MI.ANTHONY T 10 Senfrom Missourimoves to amend the bill by striking out the 4th section. The amendment was agreed to.
Mr. TRUMBULL. I presume that amendment is not nowin order. It is an amendment to an amendment of the committee which, I understand, has been agreed to.
The PRESIDING OF IOER. It is an amendment to an amendment already agreed to, strikin out and inserting, and will not be in order unti the bill is reported to the Senate.
Mr. HENDERSON. I was not aware that that amendment of the committee hadrbeen agreed to. I will wait until the bill is reported to the Senate, and will then offer the amendment.
The PRESIDING OFFICERThe question now is on concurring in the amendments made as in ComWhole.
Mr. TRUMBULL. I desire to alter one of those amendment and I suppose that this is the proper time to do it. before we concur in it.
The PRESIDING OFFICER. The better course will be to have the amendments on which a separate vote is required by any Senator excepted, and to take the question on concur ring in all the otheramendments to which there is no objection.
Mr. TRUMBULL. I desire to alter one of the amendments of the committee in order to carry out the purpose of the gentleman who has charge of the bill. It is in the 28 h and 29th lines of the amendment to the 2nd section. The clause now reads: and with spansof not less than 175 feet in length on each side of the central or pivot pier of the draw. The Senfrom Minnesota means that from the center of the ivot; but the Senfrom Wisconsin [Mr. own] thinks it is not suse ep tible of that construction. The intention is to have an opening of at least 150 feet in the clear. I therefore move to amend that amendment in the 29th line by striking out the words “ 75” and inserting “50, ” and after the word “length” inserting the words “in the clear, ” so that it will read: and with spans of not lessthan 150 feet in length in the clear on each side of the central or pivot pier of the draw. That is what the Senfrom Minnesota intends it shall be; but I think in the way it stands now there might be a controversy about it.
Mr. RAMSEY. I should very much prefer if the opening between the piers on either side of the pivot ier was 200 feet.
Mr. TRUMBULL. But that is not what you meant.
Mr. RAMSEY. 150 feet is the least that I would assent to. The advan tage would be very little in favor of that here. From the center pier would be about 20 feet. The other piers, at least they are so at the top,where the superstructure rests upon the pier at RockIsland, are about 8 feet. Now you subtract about 1/2 of each of these cud piers and the whole of the center pier, and you do not have much above 150 feet. I should prefer having the advantage of one foot, and if the bridge can be built with that span, I should prefer it very much. I.
The PRESIDING OFFICER. The amendment that Senators are discussing is not now before the Senate. The question will be taken on concurring in the amendments made as in ComWhole, excepting the amendment indicated by the Senfrom Illinois, and the one indicated by the Senfrom missouri.
Mr. HENDERSON. Both our amendments are to the same amendment.
The PRESIDING OFFICER. The question will then be taken on concurring in the other amendments.
Mr. TRUMBULL. I desire also to except the amendment offered by the Senfrom Missourifor the building of a bridge at Han nibal.
The PRESIDING OFFICER. That amendment will be excepted. The question is on concurring in the amendments made in ComWhole with the exception of those indicated. The remaining amendments were then concurred in.
The PRESIDING OFFICER. The question now is on coucurrin in the amendment to the 2nd section, which will be read.
Mr. TRUMBULL. I now move to amend the amendment in the 29th line, by striking out the words “ 75” and inserting “50, ” and afrer the word “length” inserting “in the clear, ” so that the clause will read: and with spansof not lessthan 150 feet in length in the clear on each side of the central or pivot pair in the draw.
Mr. HENDERSON. I hope veryniuch that that amendment will not be adopted. I was not disposed to submit, if I could prevent it, to the construction of draw bridges upon the Mississippi river at all. I have stated how sensitive my I.mstituents feel on that subject. This bill was clearly drawn with the idea that the openings in the clear should be 175 feet:
Mr. litUMBULL. No, that was not the understanding.
Mr. RAMSEY. They were not expected to be that in the clear. They were to be 150 feet. I understood that the parties in interest were willing to accept this modification and the bill was so reported. We were aware that by this phrase ology we would gain a few feet in the opening, which was desirable. Of course if the Senate determine that it shall not exceed 150 feet, the amendment will be agreeable to them.
Mr. HENDERSON. I stated a day or 2 ago that the navigation of this river was to be changed almost entirely in its character. My impression is that in the course of a year or 2 the steamers that are now running upon the river will be changed entirely to tug boats and barges, and hence my desire is to have as wide openings as we possibly can have, if bridges are to be constructed upon this river at all. My recollection is thatbne of the draws at the RockIsland bridge is 117 feet.
Mr. GRIMES. But that takes the transportation in the wron direction.
Mr. HENDERSO. Itwill not do to close up the existing direction, if the people desire so to send the products of their farms. I know that that is to have its influence; but if Gentlemen desire to insist on the change of direction and that the cargo shall go to the East, and they feel disposed to close up a great river like the Mississippi simply in order to change the direction, when that new direction costs at least 4 times as much, I will not make any further complaint, but I do think that if a bridge can be constructed with a span of 175 feet it should be done. The Senator who has charge of this bill says it can be done; that much wider spans have been built; it is possible to build them. Then let American genius go to work and construct such bridges here. It has been donein France; American workmen can do what French workmen can do. It has been done in England; American workmen can do whatever English workmen can do. If it is required for the commerce of France, it is demanded for the commerce of our great West. If it is demanded in any part of England for the commerce of England, it is as much demanded for the increasing and growing commerce of the people of the U.S. There is no reason why as great advantages hould not be given here as are given elsewhere. If the railroad companies can construct such bridges, let them do it, and then you will have the advantages of communication both by railroad and by water. I sincerely hope this amendment will not be adopted.
The PRESIDING OFFICER. the question is on the amendment of the Senfrom Illinois. [Mr. TRUMBUI.L.]
Mr. RAMSEY. Ithought the amendment was withdrawn. What is it?
Mr. TRUMBUliL. It is to strike out “ 175” and insert “ 150;” and insert “in the clear" after “ feet.” t carries out precisely what was meant.
Mr. RAMSEY. The gain is so little to the bridge company that I do not think it neces sa. lIfir. TRUMBULL. It makes what is meant clear.
Mr. HENDERSON. I am sorry that my friendfrom Iowa. should have thought thatl was making any imputations upon him or the r from MonotoI distinctly stated that both of them were as much interested in the navigation of this river as I could possibly be; but the Senator seems to think that I made some imputations on them, or that the effect of what I said might have that hearing. I think not. I certainly did not intend my language in that way, and I am perfectly sure that no such construction can be properly put upon it. He seems to think that, occupying the position that I do, living in Missouriand looking to my constituents there for sentiment upon this subject, and the State of Missourihaving the great city of StLouis in it, of course it is not astonishing that I should take the ground I do. It"the Senator thinks that I am adverse to the interest of any town in Iowa or any town in NewEngland, he is very much mistaken. If he supposes that I would knowingly do any act as a Senator here that should tend to build up a town in my own State to the prejudice or to the injury of nnother, when that act required a wrong on my part, I can state to the Senator that I would be very far from doing any such thing. It is true that I am a Senfrom Missouri;I look to the interests of the people whom I represent; and none, I think, ever looked more closely to the interests of his own constituents than the Senfrom Iowa. I never blame the Senator for it. He has a perfect right to do so; and he ought not to blame me for standing by the interests of the people of Missouri.
Mr. GRIMES. I did not cost any censure on the Senator.
Mr. HENDERSON. The Senfrom Iowa is sadly mistaken, if he thinks I could be induced to step aside from my duty to the injury or expense of the people of any State of the Union. I do not desire to do it, and I would not do it. He says the Senator representing the committee on this question has recommended this amendment. I do not understand that the Senfrom Minnesota recommends an such thing. The bill as it now stands provi cs that: If any bridge built under this act shall be constructed as n draw brid e, the same shall be constructvdusa pivot druwridgewith a draw over the main channcl of the river at an accessibleand navi gable point, and with spans not lessthan 175feetin lcu tb on either side of the central or pivot pier of the raw. That, of course, is the length in the clear and the next adjoinin spansto the draw shall not be lcss than 2 hundre and 50 feet. If the Senfrom Minnesota will say that it is his intention to reduce the width of the spans to 150 foet, I will take back what I have said in reference to my opinions as to the construction of the bill; but I never doubted the construction of the bill. If the Senfrom Illinois will allow the bill to pass as it stands, I am satisfied with it; but he moves this amendment; and the Senfrom Iowa says that the gentleman having charge of the bill on behalf of the committee insists upon the amendment. I have not so under stood the Senfrom Minnesota, who read a steamboat mans letter declaring that the passage of vessels required 175 feet.
Mr. TRUMBULL. The Senfrom minnesota will allow me to make a suggestion. We ought not to take up time, I think. in a disagreement as to what we mean. The Senfrom Minnesota has stated once or twice that he did not intend the bill as the Senfrom Missouriunderstands it, that the opening was to be 175 feet on the clear, but he understands that there is to come out of this length of 175 feet whatever the draw rests upon on the piers, which he thought would make it a little more than 150 feet. I have consulted the Senfrom Minnesota, and he is willing to make it specific by saying that the opening shall not be less than 15live feet. Then there can be no doubt. about it.
Mr. RAMSEY. I am willing to agree to that.
Mr. HENDERSON. I will compromise with the Senfrom Illinois if he will put it at 160 feet.
Mr. TRUMBULL. Well, I will agree to that.
Mr. TRUMBULL. If my friendfrom missouriwill cease talking we can take a vote. I modify my amendment so as to make the provision read: and with openings of not less than 160 feet wide in the clear on each side of the central or pivot pier of the draw.
The PRESIDENT protempore. The question is on the amendment of the Senfrom Illinois as thus modified. The amendment was agreed to.
Mr. HENDERSON. I wish now to call the attention of the Senfrom Illinois and the Senfrom Minnesota to the 1st portion of the 2nd section of the bill as it has amended on the motion of the committee, and I desire to suggest an amendment to it, to which I hope they will consent. It now declares: That any bridge built under the provisions oftbil act may. at the option of the company building the same, be built usa draw bridgc. with a pivotor other form of driiw or with unbroken or continuous spnns: Promdwrl, That ifthe snid bridgeshall be madewith unbroken and continuous spans. it shall not beof less elevation in on casethan 50 feet above extreme high water mark as understood at the point of location to the bottom chord of the bridge. nor shall the spans of said bridge be less than 250 feet in length and the piers of said bridge shall be parallel with the current of the river. If these bridges are to be built as continuous span bridges, I think it ought to be more spe cifically stated how they shall be constructed. I propose, therefore, in lieu of this language, to make it read: That if an bridge built under the provisions of this art shul be constructed with continuous and unbroken spans.it shall not be less than 50 feei above high water mark as understood at the point of its erection, measuringfor such elevation from the surfaceof the water and such high stageto the bot tomchordofthobridgc. The main spanof such bridge shall be inudeto cover them ain channelof theriver. There is no such declaration in the bill now, but the brid e company may build the main span where they choose, are not compelled to build it over the main channel of the river: and such span shall not be less than t300 feetin length. I suppose this will have to be altered to 250 feet if the Senators insist on that width.
Mr. RAMSEY. I do not insist on the spans being only 250 feet, but I have the opinion here of an engineer attached to the War Dept. He says: “In regard to the question of the economy and practicability of truss bridges for railroads. I have the honor to state that in my judgment, spans of 250 feetin the clear are as great asshould be adoptedfor crossingnavigable rivers." They are the extent of spans over almost all the rivers with which we are familiar. The spans of the great bridge crossing the Susque lianna river, now in process of erection, are 250 ect. It is desirable, of course, to have them 300 feet if the Senate think they can be constructed of that Width.
Mr. HENDERSON. Every bridge on the Ohio river is built with 300 feet by the law I have before me.
Mr. RAMSEY. How many bridges are there on the Ohio?
Mr. HENDERSON. Here isageneral law, pages 289, 290 of the Session Acts of 1861 62, an no continuous span bridge can be built with less than 300 feet on that river.
Mr. RAMSEY. What is the width of the Ohio river where the bridge is erected? There is but one on the river, I think, now built.
Mr. HENDERSON. There are several bridges on the river that have not been built under this law; and they have led to continual controversies in the courts of the U.S. on the subject.
Mr. RAMSEY. In a narrow stream, of course, it is easily thrown at a very high elevation, but the Mississippi is wider than the Ohio river.
Mr. HENDERSON. That does not apply to the spans of the brid e. A span of 300 feet. can be bui ten the Mississippi just as well as on the Ohio. There may be some dilficulty about getting the elevation. but that has nothing to do with the span the Son ator will see. I want to put these spans, if they are built in this way, 300 feet instead of 250. I suggest further that it ought also be amended so as to have the main span of the bridge. if they are built of continuous spans, immediately over the best or main channel of the river. There is no requirement of that particular in the bill.
Mr. RAMSEY. I have no objection to that atoll. I cannot conceive what motive the company would have to build the main passage way over any other than the main channel.
Mr. HENDERSON. I presume so; but why does the Senator require it in the draw bridges and not in continuous span bridges?
Mr. RAMSEY. I have no objection to that amendment.
Mr. HENDERSON. Myamendmentgoeson: he main span of such bridge shall be made to cover the main channel of said river and shall be 300 feet in length and the next adjoining man not icesthan 520 feet: and e piers of said bridge shall be parallel With the current of the river. I should like, also, to have a provision of this character: No span of any such bridge beneath which water flows at low water mark shall be less than 175 feetin length.
Mr. TRUMBULL. What is the amendment proposed? Where does it come in?
Mr. HENDERSON. It is where the committee amend the bill, beginning at line 17 of section two: Braided That if anybridge built under the provisionsofthis actshall beconstructedwith continuous and unbroken spans.it shall not be less than 50 feet above the high watermark asunderstoodat the point of its erection.measuringforsuqh elevationfrom the surface of the water at such high stage to the bottom chord of the bridge.
Mr. TRUMBULL. That is precisely what it is now exce pi, in different words.
Mr. HENDERSON. I wish to amend it; I prefer the different words: The main span of such bridire shall be made to cover the main channel of said river. There is no such revision in the bill.
Mr. HENDERSON. Then I provide that no main spans shall be less than 300 feet in length, and also to shorten the next adjoining spans so as to be not. less than 220 feet inion th. “and the piers of said bridge shall be para lel to the current of river.” I think the wording of it is much better and it contains an important provision which is left out of the bill as it stands.
Mr. RAMSEY. You are reducing the length of the 5 ans from 250 to 2 hundre and 20 feet.
Mr. HENDERSON. There certainly can be no objection to that.
Mr. RAMSEY. I have no objection to the enla ement of the main span to 300 feet, int 1 object to the reduction of the other game from 250 to 2 huned and 20 feet.
Mr. HENDERSON. I onlyask that the one over the main channel shall be 300 feet; 220 feet is enough for the adjoining span. I do not care for a larger one if you have a 300 feet span over the main channel of the river; but the Senator may at. it at 250 feet if he will). l did not know the Senator would be willing to agree to that; but ifhe is, I am perfectly willing that all the spans shall be 250 feet except the main spau, and let that be 300 feet. That will cover any water running at low water mark wherever the water runs at low water mark.
Mr. RAMSEY. While I agree to accept the Envision requiring the main span to be 300 feet, I object to the deduction of the others from 250 to 220.
Mr.TRUMBULL. The Senfrom Missouriwill allow me to make a sugestion. He has copied out of a statute passe some time agoa little different phraseology from that employed in this bill. I really do not think it is any better than that in the bill which the Senfrom Minnesota has reported, and which provides “that if the said bridge shall be made with unbroken or continuous spans” the Senator proposes to amend by changing the order of the words “unbroken” and “continuous.” so as to read “that if the said bridge shall be made with continuous and unbroken spans.” I do not think there is much importance, in an amendment of that kind, which adjective comes 1st. The only point of his amendment, as it seems to me is that the wide span shall be over the center of the stream, and to that I understand the Senfrom Minnesota has no objection; I certainly have none. If the Senfrom Missouriwill just put his amendment into form. I think we can agree upon it.
Mr. HENDERSON. It is in form now: That if any bridge built under the provisions of this act shall be constructed with continuous and unbroken spans Ccrtainly that cannot be different from “un broken and continuous.”
Mr. TRUMBULL. I know; but there is no importance in amending the bill to change the order of those words.
Mr. HENDERSON. It was a mere over si lit of mine if I have changed the order in which they come: It shall not belessthan 50 feetabovehigh water mark as understoodat the point of its erection.
Mr. TRUMBULL. Here it is “as under stood at the point of location.” There is no importance in that change of language.
Mr. HENDERSON. I suppose not; but my amendment goes on, “measuring for such elevation from the surface of the water at such high stage to the bottom chord of the brid e.” Mr. TRUMBULL. Here it is “to the ot tom chord of the brid e.”
Mr. HENDERSON; My amendment goes on, “and the main span of such bridge shall be made to cover the main channel of the river."
Mr. TRUMBULL. That is the new matter you propose to put in.
Mr. HENDERSON. Is there any objection to the 300 ieet span?
Mr. KIRKWOOD. That is assented to, I understand.
Mr. HENDERSON. I suppose that is not a matter of ver great consequence, because, of course, all these bridges will now be built with a pivot pier. I suppose no company will build a bridge fthis character when they can build one mue i cheaperwith a pivot pier and draw. At any rate I will offer my amendment. I move to strike out all the words between “provided, ” in the 17th line and “river, H in the 24thline, and in lieu of those words to insert: That if an bridge built under the provisions of this act shal be constructed with continuous and unbroken spans.Itllltlll not be less than Blty feet above high water mark as understood at the point of its erection.measuringfor such elevation from the surfaceof the water at such high stageto the bottom chord of the bridge. The main span of such bridge shall be madeto cover the main c aiincl of theriver and such span shall not be lessthan 300 feet in length. with also one of thenextiidjoining spans of not less than 250 fect iuion th; and the piersof such bridaoshall be parallel with i the current of the river. The question being put, it was declared that the amendment was rejected.
Mr. HENDERSON. I call for the yeas&nays. I thought the amendment was under stood to be agreed to. The ycas&nays were ordered; and being taken, resulted yous 7, nays 21; ABSENT and So the amendment was rejected.
Mr. HENDERSON. I move to amend the 2nd section, by inserting alter the word river, ” in line 24, the words “and the main span shall be over the main channel of the river.” There is no requirement in the bill now that the main s an of the bridge shall be built over the channe or anywhere near the channel. 1110 e the Senate will permit this amendment to e made.
Mr. HENDERSON. I thought perhaps there might be objection.
Mr. RAMSEY. At the same point, if the gentleman wishes to enlarge the main s to 300 feet, he can propose it, and there will be no objection.
Mr. HENDERSON. That is what I desired to accomplish, but the Senate just voted it down.
Mr. RAMSEY. Not thatalone. The sentor incuinbered that revision with a great deal of other matter which we did not want to adopt.
Mr. HENDERSON. There were but 2 points in my amendmentwvhich has just been voted down.
Mr. RAMSEY. The great objection to that amendment was, that it did not elevate the bridge sufficiently. It left out this provision of the section as it stands: It shall not be of lesselevation in any case than 50 fectobovo extremehigh water mark.
Mr. HENDERSON. That is just what my amendment was; but Icannot go into a discussion of it with the Senator. I really want the best bridge I can et, and I will put the main spun at 3 liun red feet. The amendment I mere, therefore, is to insert after thfl word “river, ” in the 24thline of the 2nd section, the words “ and the main span shall be over the main channel of the river, and shall be not less than 300 feet in length."
Mr. RAMSEY. I have no objection to that. The amendment was agreed to.
Mr. HENDERSON. I call the Senators attention to the word “nearing, ” in the 34th line of the 2nd section. It seems to me that it “ was certainly intended to be measuring."
The PRESIDENT proIempore. That is a clerical error which has been corrected, as the Chair is advised.
Mr. HENDERSON. I now offer the following amendment as an additional section: and be 1! Abife: That any bridgeor brigs erectedunder and according to the provisions of is act shall beliiivtufstructuies.andshrill berccogpized and known as postroutes.n on which also no higher ehnrge shall be made for the transportation of the mails or troops and munitions of wur of the U.S. than the rate permile which the company or companiesowning the railroads on each side of the river and using said bridge. charge for the same service; and the officers and crews of all vessels boats and rafts navigating said river are required to mandatethe width and the height of the sameso as not to interfere with the erection or use of any bridge cri ctedunder the provisions of this not.
Mr. KIRKWOOD. Is that in lieu of section th rec?
Mr. TRUMBULL. I do not know that I understand the amendment. Is it proposed to strike out section 3?
Mr. HENDERSON. No, sir; I have not made any such motion.
Mr. TRUMBULL. There is a part of this section alrendy in the bill.
Mr. HENDERSON. But there is some other mutter in this.
Mr. TRUMBULL. It would be very incon grnous to repeat over again provisions alread contained in the bill. A portion of this amendment is precisely what the 3rd section is.
Mr. IENDERSON. That provision, I thought, could be stricken out afterward. I am not particular, however, about the amendment. f the Senfrom Illinois objects to it, of course it will be voted down. i a ;
Mr. KIRKWOOD. I suggest to the Senator from Missourithat there is apart of his amendment which would come in at the end of the 3rd section, and perhaps he had better offer it in that form.
Mr. HENDERSON. I prefer the language asI have submitted it; but I do not wish to take up time, for I see that the Senate is impatient. I withdraw the amendment.
The PRESIDENT protempore. The question now before the Senate is on concurriny in the amendment made as in ComWhole to the 2nd section as it has been amended. The amendment, as amended, was concurred in.
The PRESIDENT protemporc. There is another amendment made as in ComWhole which was excepted and which will now be read. 1
The Secretary read the amendment, as followa: Abife: That a bridge may be constructed at the town ofllannibal. in thestate of mis souri. across the Mississippi river. so as to connect the Hannibal and StJ0se ph railroad with the Pike County and Great W estern railroads of Illinois, on the sameterms and subject to the some restrictions nsyontuined in this not for the construction of the bridge at Quincy. Illinois. The amendment was concurred in.
Skip Skip The bill was orderengross for a 3rd reading, and was read the 3rd time and passed.
Mr. TRUMBULL. I think the title of the bill should be amended. It does not indicate what the bill is. I move to amend the title so as to read, “A bill to authorize the construction of certain bridges, and establishing them as rpost roads.” he amendment was agreed to. PACIFIC RAILROAD EASTERN DIVISION.
Mr. HOWARD. The ComPacificRR, to whom was referred a mes sage of the POTUS recommending an extension of the time allowed by law for completing the 1st 100 miles of the Union Pacific railroad, eastern division, have had the same under consideration, and have directed me to report the mes e and documents with aJtResolution. I as for the present consideration of the JtResolution.
Mr. SHERMAN. I object. I have already yielded an hour and a half, and ll insist upon the regular order of business. The JtResolution (S.R.No. 80) extending the time for the completion of the Union Pacific railway, eastern division, was read and passed to the 2nd reading. USE OF THE HALL.
Mr. WILSON. A day or 2 a o I offered a resolution to grant the use of this Hall to Mr. Murdoch for a reading for the benefit of the orphans of soldiers and sailors. I desire to take up the resolution and have the question settled whether we shall grant the use of the Hall or not, as the reading is to take place on Thursday, and the parties interested are exceedingly anxrous to know whether the use of the Hall is to be granted.
Mr. SHERMAN. I call for the regular order of business. We can just as well decide in the morning the matter referred to by the Senfrom Massachusetts as we can now.
The PRESIDENT protempera. The special order having been laid aside informally by unainmous consent, must now come up, a call for it being made. postoffice APPROPRIATION BILL. The Senate resumed the consideration of the hill (H.R.No. 280) making appropriations fur the service of the Post. office Dept during the fiscal year ending June 30, 186?, and for other purposes. the pending question being on the lrlloiving amendment. proposed by Mr. Huxmzusus as an additional section: Abife: That in all casesin which persons have beenor shall be appointed, either dur lahss isiltianretpeeossstmoradsuterirnsogr the session of the Senate.as other civil ofiooraunder the l Ir Government.whosea pointments require the consent l of the Senate and whose appointments having been submitted to the Senate.have been rejected or not I consented to before the axlfioumment thereof. no I moneyshall be drawn fromt e Treasury or used from i any fund or appropriation madeor createdby law to pay the salariesof such persons under such appointments, or under any previous appointment to the HomeOffice. for services rendered utter said adjournment and if any such person so rejected by the Senate shall, after such adjournment, be appointed to the sameotiicc.no moneyshall be drawn or used as aforesaidto pay his salary until his appointment shall have been consented to by the Senate at its succeedingSession.
Mr. HENDERSON. The Senfrom Illinois has submitted an amendment to the bill, the language of which I like better than that, and therefore I withdraw the ending amendment, at least for the timecing, until his amendment shall have been acted upon, though if I see fit I may propose it afterward with some change of language; I am not satisfied with it in its present shape.
The PRESIDENT o tempera. The Senfrom MissouriWithdraws his amendment.
Mr. TRUMBULL. I otfer this amendment as an additional section; Abife: That no person exercising or performing or undertakin to exerciseor perform the duties of any Office which by law is required to befilled by the advice and consent of the Senate shall, before confirmation by the Senate.receiveon salary or compensation for his servicesunlesssuch person be commissionedby the President to fill up a vacancy which has happened by death. resignation, or expiration of term. during the recessof the Sunate and since its last adjournment.
Mr. TRUMBULL. Mr. PresidentLI do not think that the question of the power of the President to remove from office an incumbent and appoint another in his place during the recess is necessarily involved in the amendment which I have oticred. That is a controverted oint and has been from the foundation of the government. The practice, I am aware, has been for the President to exercise the power to remove from office by making new appointments; and this has generally been no uiese ed in. "he laws upon this subject have not, however, been uniform. In 1863 there was created an officer called the Comptroller of the Currency, and in the law establishin the currency Bureau it was provided that “t ere shall be appointed a chief Officer to be styled the Comptroller of the Currency, who shall be under the general direction of the SecyTreasury.” The law further provided that “ he shall be appointed by the President, on the nomination of the SecyTreasury, by and with the advice and consent of the Senate, and shall hold his Office for the term of 5 years unless sooner removed by the President by and with the advice and can sent of the Senate.” That law, passed in 1863, provided that the Comptroller of the Currency should be removed from office by and with the advice and consent of the Senate alone, and according to that statute it is not competent for the POTUS to remove the Comptroller of the Currency except by the advice and consent of the Senate. The legislative construction which was put upon the Presidents power in 1863 by this act was that it was competent for Congress to provide that persons could be removed from office only by the advice and consent of the Senate when they were appointed by that advice and consent.
Mr. JOHNSON. What is the date of that ct?
Mr. TRUMBULL. It was approved by the POTUS at that time. Mr. Lincoln, and I believe I have not looked into the Journals it was voted for, myimpression is it was voted for by the present POTUS
Mr. JOHNSON. What is the date of its up roval? Mr. TRUMBULL. The approval was on the 15th of February, 1863.
Mr. SHERMAN. I think the present President was not a member of the Senate then.
Mr. JOHNSON. I say supposing there may be. I only put it as a supposition. I am sure there is no war now, because the amendment proposed by the honorable member from Illinois shows that there is entire confidence in the President; no doubt about that. [Laughter.] Of course I have no right, except by way of supposition, to conjecture that there is a war.
Mr. JOHNSON. Mr. Clay had nosuch confidence in General Jackson.
Mr. SHERMAN. He would lose more votes by the exercise of a power of that kind, 10,000 times, than he would gain. I do not believe that the power of appointment would affect political opinion in this country one iota. That is my deliberate opinion as to the power of a pointinent.
Mr. TRUMBULL. The public service might suffer.
Mr. SHERMAN. Yes; but it would not affect the mass of the people in the slightest degree.
Mr. HENDERSON. Supposeit would not alter the opinions of a single individual; I submit to the Senfrom Ohio that where men by bending the supple hinges of the knee that thrift may follow fawning, can get that thrift, to follow, would not men of the very worst character he atto get into office? Then, I say, as was said by the Senfrom I Illinois, the public service will suffer. I differ i with the Senfrom Ohio. Isay that public patronage, as great as the Executive can have if he can turn out every Officerin the land, will tend, and does inevitably tend, to sustain the President in his public policy.
Mr. HOWARD. You mean the rebel newspapers.
Mr. HENDERSON. I took up a Western paper the other day I will not name the paperin which the advice was given boldly and freely to the President and the people were called upon to sustain the President, to march into this body and drive us out. It has been suggested in various other uarters. I think my friendfrom Kentucky Mr. Dans] suggsted, even upon the floor of this body, that e President might control this Congress if he chose so to do; thathe could recognize the southern Senators who are waitiu for admission, and call upon the minorit of this body to join with them, and then send 5 communications to the new Senate.
Mr. DAVIS. If the honorable Senator will permit me I will state what I did say, and what I now believe.
Mr. DAVIS. It is made the duty of the President by the Constitution to communicate to Congress and from time to time ree omuicud for its consideration such measures as he shall deem proper. The position I assumed was. that be orethe Presidentcoulde r cise that office he would have to ascertain wha bodies of men constituted the congress; that it there were 4 bodies of men that was the case which I put 2 of them contending they were the Senate and the other 2 bodies contending they were the HoRep, the President must necessarily decide which body constituted the House and which body constituted the Senate; that it was a necessity, and that it was his plain, constitutional prerogative and right to determine, under such a state of things as that, which was the true Senate and which was the true House. I furthermore stated that if the southern members were to get together with a number of I the other members of the 2 Houses, and they in the aggregate constituted a majorityl of the 2 Houses, the President had the coustitutional function and right to decide whether they did or not, and if he chose to recognize them as the 2 Houses of Congress that constituted a regular, legal, and constitutional Congress. that is still in o inion.
Mr. HOWARD. Thent e congressdepends on the will of the President.
Mr. DAVIS. I furthermore stated that it was the province of the 2 Houses of congress to judge exclusively each for itself as to the elections, qualifications, and returns of its members; that over those questions the president had no jurisdiction or control; but at the same time, if members contending for seats were to get together in such numbers as to constitute a majority of the 2 Houses, the President had the right to recognize them as the Congress. I say so still. That is my Opinion, my belief.
Mr. HOWARD. Will the Senfrom Kentucky allow me to ask him a question?
Mr. HOWARD. In what part of the constitution does he derive this power which he claims for the President of deciding which is the true Congress and which the contrar !
Mr. DAVIS. Ihavejust stated from wence Iderive the power. I will read it. Here is the section: "He shall from time to time give to Congress"
Mr. HENDERSON. Iwas waiting on the Senfrom Kentucky to state his views in regard to this double Congress, and if he is through with that I propose going on.
Mr. HOWARD. If the Senfrom missouriwill allow me one moment, it is owing, get hops, to my fault that the Senfrom Kentucky is occupying histimeutthis moment. I asked him for the warrant which he finds in the Constitution for the POTUS to recognize the right Congress and reject the wrong Congress. I was very anxious to see the grant of power to the POTUS to draw such a distinction.
Mr. HENDERSON. Certainly; I ask pardon for interferin.
The PRESIDING OFFICER, (Mr. CLARK in the chair.) Does the Senator yield further?
Mr. DAVIS. I had lost sight of the Sena tot: from Missouriin replying to the interrogatory of the Senfrom Michigan. This was the authority upon which I relied as to the duties of the President: “He shall, from time to time. give to Congress information of the state of the Union, and recommend to their considerationsuchmeasuresasheshall judge necessary and expedient." Now, before the President can recommend to Congress such measures as he may judge necessary and expedient, it results as a matter of necessity that he must ascertain what body, of men constitute the Congress. The case I put was this: suppose a portion of the present Senate were to get to ether, and they were to receive the Senators cilaimin to be elected from the southern States, an they should organize as a Senate, and the republican members of the Senate should made a separate organization, there would then be 2 organized bodies of men, each claimin to be the Senate of the U.S. I said the president would have the constitutional power to say which he would recognize as the Senate; and that was the whole of my proposition. I admitted, however, at the same time, that the President would have no power whatever in deciding the question as to the elections, returns, or qualifications of any memberof either body; that those questions would have to be decided by each branch of Congress for itself and not by a committee of 15.
Mr. ANTHONY. I wish to ask in friendfrom Kentuckya question, if he will low me to do so.
Mr. ANTHONY. I listened, as we all did, with a good deal of attention and surprise to the speech which he is now explaining, and I looked for it in the Globe but have never seen it, and I wish to know if it is the fault of the reporters of the Globe that it has not been printed, and if not, whose fault it is.
Mr. DAVIS. It is my fault, but it will be printed in due time.
Mr. ANTHONY. I think that the practice of making speeches and then supressing them in the Globe, thereby making tose who reply to them appear very ridiculous, and their remarks very inconsequential, ought to be stopped in some we or O er. I do not understand what right the proprietors of the Globe, or the reporters of the congressional Globe, have to omit any speech that has been made. I am told perhaps I am mistaken that speeches have been made here in previous sessions which have never been printed and never gone into the Globe at all. I do not know that there is an law or any rule against the practice, but Itink there ought to be one. I think the reporters of the Congressional Globe are bound) to print what is said here, and to print it within a reasonable time and I give notice that unless that is done, I shall feel justified in opposing the appropriation for the payment of the Globe. They agree to publish those speeches; they do notdoit; and i it is their fault, then I think they ought not to be paid. If it is not their fault, then I think the reporters ought to be protected in such a way as that the shall have no discretion in the matter. Oiycourse, if a Senator comes and desires to have his remarks suppressed, it is hardly possible for the reporters to refuse, but I think they should be protected from the exercise of any discretion in the matter.
Mr. DOOLITTLE. I desire, as we have got entirely from the question at issue, tomore an adjournment: and I make that motion.
Mr. DAVIS. Will the honorable Senator permit me to say a word of explanation upon the suggestions of the Senfrom RhdIsland?
The PRESIDING OFFICER. It is moved that the Senate do now adjourn; and that motion is not debatable.
Mr. ANTHONY. I hope we shall not adjourn. I e PRESIDING OFFICER put the question, and declared that the noes appeared to have it.
Mr. DAVIS. I should like to say a single word.
The PRESIDING OFFICER. The Senate is dividing.
Mr. ANTHONY. It is very unfair to adjourn when a Senator desires to make a personal exlanation.
Mr. ANTHONY. Yes, sir; that is my opinion. The Senate refused to adjourn, there being, on a division ayes 6, noes not counted.
Mr. DOOLITTLE. I beg to say to the Senfrom Kentucky that I did not desire to show any discourtesy to him in making the motion to adjourn.
Mr. DOOLITTLE. But we are entirely away from the question, and it is now almost 5 oclock.
Mr. HOWARD. Perhn s the Senfrom Kentucky will yield to me or halfa minute.
Mr. DAVIS. I want to make my personal explanation in reply to the Senfrom RhdIsland.
Mr. HOWARD. What I wanted to do, if the Senfrom Kentucky will permit me, is to send to the Chair
The PRESIDING OFFICER. Does the Senfrom Kentucky yield the floor?
Mr. HOWARD. I only wishto send to the Chair a portion of the speech of the Senfrom Kentucky as reported by the official reporter in order that the Senator may know exactly Wllflldle did say on that occasion.
Mr. DAVIS. I was about to say a word in relation to the practice of some time after they arepublished speeches stand that the whole Appendix of the Globe is made u of speeches that arepublished some considerabIe time, more or less, after the time of their delivery. I have met with speeches that werepublished weeks and moat s after the day of their delivery, in the Appendix to the Globe. It was only in conformity to that practice that I was acting. The report of my speech was sent to me and I answered in reply that at my leisure I would revise it and would have it published in the Appendix to the Globe. That is all I have to say in relation to the practice of other members of the Senate and in relation to what I did as to that particular speech.
Mr. ANTHONY. There have been some speeches 4 do not mean to say speeches of the Senfrom Kentucky but there have been speeches delivered here that have never been printed in the Globe at all; that have been suppressed entirely. That is a practice to which I wish to call the attention of the Senate.
Mr. HOWARD. I now send to the Clerk to be read a portion of the speech made by the honorable Senfrom Kentucky on the occasion to which he has referred. I wish that it may go into the report of our proceedings.
The PRESIDING OFFICER. It will be read if there be no objection.
Mr. DOOLITTLE. Now that we have got through with the personal explanation, I renew the motion to adjourn. Several Snxsrons. that read.
Mr. DOOLITTLE. Very well; but I give notice that I shall renew the motion after the paperhas been read.
The PRESIDING OFFICER. The report willhe read, if there be no objection. The Chair bears no objection. 4
The Secretary read as follows: " Here, sir, is a provision in the constitution which requires the President to communicate to the 2 Houses of Congressinformation as to the state of the Union, and to recommend to them such measuresas he shall deem properand expedient. What does this require him to do? He has to ascertain who coin use the 2 HousesofCongress. It is his right, It is iis constitutional function to ascertainwhocon stitiito the 2 Houses of Congress. The members of the Senatewho are in favor of the admission of the southern Senatorse ould get into a conclave with H1050.FO11Illln Senators any day and they would constitute a majority of the Senate. The POTUS has the constitutional option, it is his function. it is his power, it is his right, and I wtaoinu, ldwahdevriese them retaoreexdeitrlceisrecinttabtoadnieysd, amyo.mtobaes.se of the Senatecontending, which is the true Senate. If ttihnegstohuetmhetrontmheeimr sbeeartssa.enodntshtoitsuetewaho majoritry of the whole Senate, the President has a right and by the Lternal he ought to exercise that right forthwith, tomorrow or any day, to recognize the Opposition her eand the southern membersof the Senate as a Illiljfully of the whole body."
Mr. DAVIS. That is my principle still. I maintain that that is the true principle of the Constitution.
Mr. HOWARD. The honorable Senfrom Kentucky says that that is his still. principle I confess I regret very much to ear him make such an announcement. I pronounce that firmple to be revolutionary, unconstitutiona, an treasonable. I now move that we adjourn.
Mr. DAVIS. I wholly dissent from the posil.l0ll ol the honorable Senator. It is neither revolutionary, nor unconstitutional, nor treasonable.
The PRESIDING OFFICER. It is moved that the Seriate do now adjourn. The motion was agreed to; and the Senate adjourned. Oh, no; let us have
###HOUSE OF REPRESENTATIVES. MONDAY, April 30, 1866. The House met at 12 oclock in. Prayer by the Chaplain, Rev. C. B. BOYNTON. The Journal of Saturday was read and aproved.
The SPEAKER stated as the 1st business in order the calling of the States and Territo ries for bills and JtResolutions on leave, to be referred to the appropriate committees and not to be brought back on a motion to reconsider, commencing with the State of Maine. STATE and NATIONAL BANKS.
Mr. RICE, of Maine, introduced abill granting further time and facilities for the conversion of State banks into national banks; which was read a 1st and 2nd time, and referred to the ComBanking&Currency. SKAMANIA COUNTY, WASHINGTON TERRITORY.
Mr. RICE, of Maine, also introduced a bill to disapprove of the act of the Legislative Assembly of the Territory of Washington, entitled “An act in relation to Skamania county, ” approved January 14, 1865; which was read a 1st and 2nd time, and referred to the ComTerritories. HORACE I. HODGES.
Mr. DAWES introduced a bill for the relief of the heirs of Horace I. Hodges; which was read a 1st and 2nd time, and referred to the ComClaims. WILLIAM JONES.
Mr. COFFROTH introduced a bill granting a pension to William Jones; which was read a 1st and 2nd time, and referred to the comInvalidPens. RAILROAD CONNECTIONS WITH WASHINGTON.
Mr. GARFIELD introduced a bill to promote the construction of a line of railroads between the city of Washington and the North west for national purposes; which was read a 1st and 2nd time, referred to the select committee on a military and ostal railroad from Washington to NewYork, and ordered to be printed. BRIDGE ACROSS THE CUYAHOGA.
Mr. SPALDIN G introduced a JtResolution for the construction of a railroad bridge across the Cuyahoga river over and upon the Government piers at Cleveland, Ohio; which was read a 1st and 2nd time, and referred to the ComCommerce. WILLIAM WATKINS.
Mr. GRIDER introduced a bill for the benefitof William Watkins; which was read a 1st and 2nd time, and referred to the ComRevClaims. JOHN MUNN.
Mr. NEWELL introduced a bill for the reliefof John Munn; which was read a 1st and 2nd time, and referred to the ComClaims. WAGON ROAD IN MONTANA.
Mr. SMITH introduced a bill to aid in the construction of a wagon road in the Territory of Montana; which was read a 1st and 2nd time, and referred to the ComTerritor. TENNESSEE.
Mr. KUYKENDALL introduced a JtResolution declaring the constitutional relations of the State of Tennessee restored to practical relations with the U.S. which was read a 1st and 2nd time, an referred to the ComJudiciary. JOHN A. WHITALL.
Mr. BEAMAN introduced a bill for the relief of the legal representatives of Major John A. Whitall, late paymaster in the U.S. Army, on account of loss of stolen vouchers; which was read a 1st and 2nd time, and referred to the ComClaims. RAILROAD IN IOWA.
Mr. HUBBARD, of Iowa, introduced a bill to amend an act entitled “An act foragrant of lands to the State of Iowa, in alternate sections. to aid in the construction of a railroad in said State, ” approved May 12, 1864; which was read a 1st and 2nd time, and referred to the ComPubLands. REV. F. A. CONWELL.
Mr. WINDOM introduced a bill for the relief of Rev. F. A. Conwell, of Minnesota; which was read a 1st and 2nd time, and referred to the ComClaims. SIOUX RESERVATION, MINNESOTA.
Mr. WINDOM also introduced a JtResolution for the relief of certain settlers on the Sioux reservation, in the State of Minnesota; which was read a 1st and 2nd time, and referred to the ComIndAffrs. SAMUEL DONNICA.
Mr. HENDERSON introduced a bill for the relief of Samuel Donnica; which was read a 1st and 2nd time, and referred to the comInvalidPens. KANSAS and NEOSHO VALLEY RAILROAD.
Mr. CLARKE, of Kansas, introduced a bill granting lands to the State of Kansas to aid in the construction of the Kansas and Neosho Valley railroad and its extension to the Red river; which was read a 1st and 2nd time, referred to the ComPubLands, and ordered to be printed. INTERNALREVENUE.
Mr. ANCONA introduceda bill to amend an act entitled “An act to provide internalrevenue to support the Governmeu to pay interest on the p blic debt, and for other purposes, ” approved June 30, 1864, and the act amendatory thereof, approved March 3, 1865; which was read a 1st and 2nd time, and referred to the ComWays&Means. RAILROAD FROM PITTSBURG IO CLEVELAND.
Mr. GARFIELD introduced a bill to promote the construction of a line of railroad from Pittsburg, Pennsylvania, to Cleveland, Ohio; which was read a 1st and 2nd time, referred to the select committee on a military and postal railroad, and ordered to be printed. TRIAL OF JEFFERSONDAVIS.
The SPEAKER. The next business in order is the call of States and Territories for resolutions, and under this call the 1st question is upon a resolution of the Gentfrom Indiana, [Mr. JULIAN] On last Monday morning the House refused to 2nd the demand for the previous question, and debate arising, the resolution went over until today. The resolution is itow debatable under the rules. The resolution was read, as follows: Resolved, As the deliberntcjudgmentofthis House, that the speedy trial of JeffersonDavis. either by a civil or military tribunal, for the crime of treason or the other crimesof which he standse harged, and his rompt execution, if found guilty, are imperatively demandedby the peopleof the U.S. in order thnttreasonmaybe adequatcly branded by the nation, traitors made infamous and the repetition of their crimes.as far as possible, be prevented.
Mr. wILSON, of Iowa. I hope that the Gentfrom Indiana will consent to have this resolution referred to the ComJudiciary, as the committee now have this subject under consideration.
Mr. JULIAN. I desire an opportunity to discuss briefi the question presented by the resolution. will agree to make the motion for reference at the conclusion of my remarks.
Mr. WILSON, of Iowa. Verywell; Iyield to the gentleman for that purpose.
Mr. WILSON, of Iowa. On that motion I call for the previous question.
Mr. HARRIS. I would like to make some remarks in reply to the Gentfrom Indiana, [Mr. Jeanna]
The SPEAKER. The House is actin at present under the operation of the previous question.